Pedestrian accidents are unfortunately common in Maryland. When a pedestrian is struck by a vehicle, the question of who is at fault often arises. Maryland is one of only five states that still follow the legal doctrine of contributory negligence for auto accidents. This means that if a pedestrian is even partially at fault for causing the accident, they are barred from recovering any compensation from the driver. It’s an extremely strict standard that can lead to unfair outcomes for injured pedestrians.
What is Contributory Negligence?
Contributory negligence is a legal principle that bars a plaintiff from recovering damages if they are even partially responsible for causing their own injuries. For example, if a pedestrian was crossing the street outside of a crosswalk and was hit by a driver, the pedestrian would likely be found contributorily negligent. Even if the driver was speeding or not paying attention, the pedestrian’s negligence in jaywalking would prevent them from suing the driver for their injuries.
Contributory negligence is an all-or-nothing proposition. If a plaintiff is found to be just 1% at fault for an accident, they recover nothing. The driver who is 99% responsible walks away without having to pay any damages. Comparative negligence, which apportions fault between the parties, is not permitted.
Common Examples of Contributory Negligence for Pedestrians
There are many ways a pedestrian can be found contributorily negligent. Some common examples include:
- Jaywalking – Crossing a street outside of a crosswalk is illegal and considered negligent conduct. Drivers do not expect pedestrians to appear in the middle of the road.
- Failure to yield – Pedestrians must obey traffic signals and yield the right of way to vehicles when required. Walking against a “Don’t Walk” signal is negligent.
- Distracted walking – Pedestrians need to be attentive when near traffic. Using a cell phone or wearing headphones can take your attention away from your surroundings.
- Darting into traffic – Pedestrians cannot suddenly run across a road. Drivers need time to react and stop.
- Walking at night without reflectors – It is negligent to walk along dark roads without reflective gear that helps drivers see you.
- Intoxication – Walking while intoxicated impairs your judgment and coordination around traffic.
- Obstructing traffic – Standing on medians, curbs, or roads in a way that blocks traffic is dangerous.
If any of these factors contribute even slightly to an accident, the pedestrian is barred from compensation in Maryland.
Burden on Pedestrians to Prove They Were Not Negligent
Contributory negligence essentially means injured pedestrians bear the burden of proving they did absolutely nothing wrong to contribute to the accident. Even a slight misstep often derails the entire claim.
Plaintiffs need compelling evidence that they acted with reasonable care at all times. Police reports, surveillance video, eyewitness testimony, and accident reconstruction experts are often required. Even then, juries frequently find pedestrians at least partially at fault out of an abundance of caution.
Arguments Against Contributory Negligence
Critics argue contributory negligence unjustly punishes pedestrians for minor errors of judgment. A pedestrian who crossed five feet outside a crosswalk does not deserve to be left with devastating injuries and no compensation. The minor negligence does not outweigh the driver’s primary duty to watch the road and avoid collisions.
Comparative negligence offers a fairer solution. Damages are split based on fault percentages, so a pedestrian found 20% responsible would still recover 80% of their damages from the driver. Most states use comparative negligence, but Maryland legislative attempts to change the standard have stalled.
Difficulty Assessing Fault in Complex Accidents
Another issue with contributory negligence is that fault is not always black and white in an accident. There can be disputed facts where both sides allege the other was negligent. Large commercial vehicles have huge blind spots, and pedestrian detection failures are common. Drivers and pedestrians often have different accounts of what occurred. Apportioning neat percentages of fault is inherently difficult when details are unclear. The jury has to make an all or nothing determination which can seem arbitrary.
Speaking with Witnesses and Investigators
Proving you were not negligent requires taking proactive steps immediately after an accident. Identifying eyewitnesses and getting their account of events on record is crucial. Video surveillance from nearby businesses should be preserved. Experienced investigators should be sent to thoroughly photograph and measure the accident scene while the evidence is fresh. Accident reconstructionists may be needed to prove your walking speed, visibility, path, and actions were reasonable under the circumstances.
Speak to a Maryland Pedestrian Accident Attorney
The experienced attorneys at Monge & Associates have 32 offices in 19 states, including Maryland, Virginia, and Alabama. We understand the contributory negligence laws in Maryland. We have successfully represented numerous pedestrian clients and helped them overcome assertions of negligence to obtain rightful compensation. If you or a loved one has been injured as a pedestrian, contact us for a free consultation at (888) 477-0597 to discuss your legal options. Defeating a contributory negligence defense requires strategic litigation skills. Let our lawyers fight to get you maximum recovery.