When Is a Pedestrian Responsible for an Accident?

Pedestrian accidents are often assumed to be the driver’s fault, given the stark contrast in injuries incurred. However, as the driver in this scenario, you should not refrain from taking legal action simply because your damages are less severe. So long as you have reason to believe that the pedestrian acted negligently in the event, you may have grounds to sue. Without further ado, please read on to discover when a pedestrian can be held responsible and how one of the seasoned Prince George’s County pedestrian accident lawyers at Miller Berman, LLC can assess the validity of your legal argument. 

Under what circumstances might a pedestrian be responsible for an accident?

Just like drivers, pedestrians have a legal responsibility to abide by certain traffic laws to avoid possible collisions with drivers. For one, they must stand on the curb and wait for a traffic signal to indicate it is their turn to cross the intersection. If there is no signal, they must not suddenly leave the curb into the path of a vehicle that is too close to stop on time. 

Secondly, pedestrians are generally expected to use designated crosswalks when they are available. Pedestrians crossing outside a crosswalk may be required to yield the right of way to vehicles, and, in some situations, crossing outside a designated crossing area may violate Maryland traffic laws. Lastly, pedestrians should remain attentive while crossing the street, since distractions such as texting may be used as evidence of negligence. 

How might a pedestrian use the “last clear chance” doctrine against you?

Depending on the circumstances, evidence of pedestrian negligence may support a defense to liability or, in some cases, an affirmative claim for damages. When taking legal action against a pedestrian, you must prepare for them to respond by attempting to turn the blame on you. Specifically, they may adopt the “last clear chance” doctrine. 

Essentially, this is a narrow legal exception that may serve as the lifeline for an otherwise negligent pedestrian. With this, they may argue that while their negligence already placed them in danger, you, as the driver, had a “fresh” and “subsequent” opportunity to avoid the ultimate collision but failed to do so.  

To use an example, say your accident entailed a pedestrian entering the street before a traffic signal indicated them to do so. Well, they may claim that your vehicle was far enough that you should have reasonably slowed, stopped, or otherwise avoided the collision. However, you were unable to because you were speeding, distracted with something else, etc. 

Maryland courts apply the last clear chance doctrine narrowly, and successfully invoking it often depends on highly specific facts. However, if it is successfully applied, it could significantly hurt the viability of your claim, thanks to Maryland’s strict contributory negligence doctrine. Here, you may be, unfortunately, barred from recovery if even one percent of the blame is shifted onto you. 

Nonetheless, do not let your confidence in the strength of your legal standing diminish just yet. Allow it to guide you to hiring one of the competent Prince George’s County injury lawyers. At Miller Berman, LLC, you will feel seen, understood, and well represented. We await your phone call.