How is fault determined in a pedestrian accident case?

Fault is determined in a pedestrian accident case by looking at who was negligent or careless in the situation. Negligence or carelessness can be determined by looking at the actions of the driver and the pedestrian. In Maryland, the driver is typically held responsible for accidents involving pedestrians unless the pedestrian was found to be careless. The driver of a vehicle must always take reasonable care to avoid an accident with a pedestrian. This includes obeying the speed limit, following traffic laws, giving pedestrians the right of way, and maintaining a safe distance. If the driver fails to take reasonable care and an accident involving a pedestrian occurs, then the driver may be found to be negligent. On the other hand, a pedestrian also has a duty to exercise reasonable care in order to avoid an accident with a vehicle. Pedestrians must follow all traffic laws and use sidewalks when available. They must also be aware of their surroundings and cross streets in a safe manner. If a pedestrian fails to exercise reasonable care and is found to be careless, then the pedestrian may be held at fault for the accident. In Maryland, the court will look at the circumstances of the accident and determine who was the more careless actor when determining fault in a pedestrian accident. If the driver was not exercising reasonable care and the pedestrian was, then the driver will usually be found at fault for the accident. On the other hand, if the pedestrian was not exercising reasonable care and the driver was, then the pedestrian may be found at fault for the accident.

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