A 38-year-old man died in an early morning accident after being hit by a Suburban.
According to the Maryland State Police, which is the agency responsible for investigating this accident, the driver of the Suburban hit the man while he was crossing the street.
Police indicated that the driver stayed at the scene of the accident. They also said that they had no reason to suspect alcohol or drugs were involved in this accident.
Police did indicate that the pedestrian was not at a crosswalk and that he was wearing clothing that might have been difficult to see at nighttime. However, this accident investigation was described as preliminary.
Claims arising from pedestrian accidents can be difficult to pursue
The family who died in this pedestrian accident may consider pursuing the driver for compensation for their losses. However, doing so could be difficult.
Many people, including some police officers, are often quick to pass judgment on pedestrians who were not crossing the street in a crosswalk.
Under Maryland law, though, even if a driver has the right-of-way with respect to a pedestrian, the driver still has to exercise proper care to avoid hitting the pedestrian.
Drivers have other obligations to pedestrians as well, especially to those who are young, visibly confused or impaired or who have some sort of physical limitation. In short, drivers have to do more than just be careful at intersections and crosswalks.
It may take some careful investigation and advocacy to get a driver’s insurance company to admit responsibility and pay compensation to a mourning family.
Furthermore, while it was not the case here, too many pedestrian accidents involve hit-and-run drivers. In such cases, an attorney may have to help a family pursue other options for compensation.