Bloom Law routinely handles cases involving pedestrians who have been struck by cars. More so than most types of injury cases, it is especially important for injured pedestrians to secure a competent injury attorney because Maryland follows an outdated and unfair legal doctrine called “contributory negligence.” Under contributory negligence, a person who contributed to a collision (even a tiny bit) is barred from recovering anything from the “at fault” party. Most states follow some form of “comparative negligence” meaning that pedestrians who may not have acted perfectly can still recover if their fault is comparatively less than the motorist. The unfortunate result of this law is that many pedestrian cases, unfairly, result in no recovery after the insurance company argues that they did something wrong (usually the argument is that the pedestrian was not in a crosswalk).
Mr. Bloom routinely handles and wins pedestrian accident cases that other lawyers decline to take. Recently, Mr. Bloom received a trial judgment in favor of pedestrian who was hit while crossing a major street admittedly outside of a crosswalk. The insurance lawyer felt this was a clear cut case of contributory negligence, and was not prepared to adequately argue that claim to the judge. Ultimately, the judge accepted Mr. Bloom’s argument that “just because a person is in a place where they should not be, without more, does not give a motorist the right to run them over.” You cannot hit a car that happens to be parked illegally without being responsible, so why should a negligent driver be allowed to hit a person.
Pedestrian accidents are simply fraught with perils. However, Bloom Law has designed a proven strategy to combat the risk in pedestrian accident cases. Please contact us if you were a pedestrian injured in a car accident.
If you have been injured in an accident, please contact us for a free consultation.