Approximately 22% of Maryland pedestrian accidents in Montgomery County occur in parking lots according to an article that appeared in the Washington Post. Montgomery County, Maryland County Executive Ike Leggett is launching a safety campaign to address parking lot safety for pedestrians in Montgomery County, MD for pedestrian automobile accidents.
Montgomery County spends about $30 million a year on pedestrian safety initiatives. Of the 1,496 pedestrians struck by vehicles from 2006 to June 2009, 324 occurred in parking lots. Those in the field of traffic engineering know that parking lots are very dangerous places for pedestrians. One thing being considered is forming dedicated pedestrian paths through parking lots away from cars.
When a pedestrian accident occurs in Maryland, the pedestrian struck generally can bring a negligence lawsuit against the operator of the vehicle that struck the pedestrian. Defendants will often raise the defense of contributory negligence which in Maryland, is a complete bar to any recovery (a very unfair and outdated law).
Our law firm has been very successful in overcoming contributory negligence defenses in pedestrian accidents in Maryland. When the striking vehicle has inadequate insurance coverage, the pedestrian struck can make a Maryland uninsured motorist claim under his or her own automobile insurance policy (or the policy of any resident relative).
It is also important to understand that a pedestrian who is struck by an automobile in Maryland can generally make a claim for Personal Injury Protection Benefits (these are no fault benefits so contributory negligence would not apply to the PIP Claim). It is good news that Montgomery County Maryland is considering forming a work group to further study engineering options to address pedestrian safety in Maryland.
If you or a loved one have been injured in a pedestrian accident call us and talk to one of our Silver spring injury attorneys at (888) 213-8140 or fill out our Free Case Evaluation Form on our website.