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When Both Driver and Pedestrian are Responsible

Car Accident Lawyer in Baltimore, MD For When Both Driver and Pedestrian are Responsible

Car Accident Lawyer Baltimore MDIf you or someone you love has been in accident as either a driver or pedestrian, it may be in your best interest to discuss your situation with a car accident lawyer Baltimore, MD car accident victims and their families can rely on.

Suffering in a car accident, whether you were driver or pedestrian, will be a hardship that no one wants to endure. There may be much to sort out when it comes to medical treatment from injuries, property damage, and lost wages. You may even be looking to determine whether or not you should seek legal recourse in the form of a lawsuit against the person who caused the accident.

For over 35 years attorneys at Cohen & Cohen, P.C. have provided compassionate and experienced legal representation to people who have found themselves in a number of legal situations. Cohen & Cohen, P.C. is licensed to help both pedestrians and drivers who have been in car accidents in Baltimore, MD.

Duty of Care

When you get behind the wheel, you have a duty of care to make sure that you are responsible when driving. This means you will do everything in your power to ensure that you do not harm others who may be on the road. If you fail to act within your duty of care, you may be found liable for the injuries that a person received in an accident. If this is the case, you may be required to pay damages to the person that you injured. There are factors that must be proven in order to have a successful claim against another:

  • The driver was in breach of upholding their duty of care
  • The breach resulted in damages to the person who was harmed
  • Damages were caused (causation) because the driver did not act responsibly

If you were a pedestrian in an accident that was a negligent driver’s fault, you may be able to seek compensation with the help of a reputable Baltimore, MD car accident lawyer.

There are a number of reasons that a driver may be negligent which include:

  • Driving Under the Influence
  • Speeding
  • Texting while driving
  • Not paying attention
  • Not following traffic signs or observing traffic laws

Reasons a pedestrian may be at fault

As a pedestrian, protecting yourself when walking should be important. Whether you are crossing at a busy intersection, getting into your car, or simply walking down the road you will need to take care when it comes to your surroundings. You can’t always trust that the drivers you are sharing the road with are paying attention. Proving that a pedestrian is completely at fault may be difficult because, chances are the driver was partially at fault. It is often assumed that the driver is at fault in car accidents involving pedestrians. If you were the driver in this situation, you may find it helpful to learn about your rights from a car accident lawyer in Baltimore, MD.

Situations that could result in the pedestrian being responsible for a portion of the accident include:

  • Not using a crosswalk or jaywalking
  • Not following adhering to traffic signals at crosswalks
  • Walking in areas such as a freeway, where pedestrians are not allowed to be

Comparative Negligence

When accidents involving motor vehicles and pedestrians occur, there may be situations where both parties are at least partially responsible. This is one of the many reasons that people who are involved in these kinds of accidents find it beneficial to enlist a car accident lawyer in Baltimore, MD, to help determine who the law is going to place blame on.

Comparative negligence is when each person is assigned a percentage of responsibility for causing the accident. For example, if the plaintiff was found 30% responsible, and the defendant 70%, the defendant would only be required to pay 70% of damages to the plaintiff. In some states if the court assigns a plaintiff 50% or more responsibility for causing the accident, they will not be entitled to receive compensation for the lawsuit they filed.

If you were a pedestrian or a driver involved in a car accident, it may help to alleviate the stress the accident has caused by having a car accident lawyer with a track record of successfully defending his or her client’s rights, on your side.

For a car accident lawyer Baltimore, MD residents and residents of its surrounding communities can turn to for help in these kinds of situations, contact Cohen & Cohen, P.C. for a free case evaluation 24 hours a day, 7 days a week.

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