When a pedestrian or cyclist is struck by a vehicle, the injuries are rarely minor. Unlike the occupants of a car, pedestrians and bicyclists have no metal frame, airbags, or seatbelts to absorb the impact. At Robinson & Associates, we represent victims of pedestrian accidents throughout Maryland, and one of the first questions our clients ask is simple: Who is actually liable? The answer can be more complicated than most people expect. Understanding the basics of how liability works can help you as you pursue compensation for your injuries.

Liability Starts With Proving Negligence

To recover compensation after a pedestrian or bicycle accident, you must show that the driver was negligent. This means proving that the driver owed you a duty of care, breached that duty, and that the breach directly caused your injuries. In most cases, this comes down to whether the driver was following the rules of the road.

Common examples of driver negligence include failing to yield at a crosswalk, running a red light or stop sign, distracted driving, speeding, and failing to check for cyclists before turning or opening a car door. Each of these violations can serve as strong evidence that the driver, not the pedestrian or cyclist, caused the accident.

Drivers Have a Heightened Duty Around Pedestrians and Cyclists

Maryland law requires drivers to exercise a high degree of care around pedestrians and cyclists, who are far more vulnerable in a collision. Drivers must yield to pedestrians in marked and unmarked crosswalks, come to a complete stop for school buses and crossing guards, and maintain a safe distance when passing a bicycle on the road.

Cyclists in Maryland are generally treated the same as other vehicle operators and have the right to use most public roadways. Drivers are required to treat a bicycle as they would any other slower-moving vehicle, which means no aggressive passing, tailgating, or cutting off a rider to make a turn.

Maryland’s Contributory Negligence Rule Changes Everything

Maryland is one of the few remaining states that follows the doctrine of pure contributory negligence. Under this rule, if you are found even one percent at fault for the accident, you can be completely barred from recovering any compensation, no matter how seriously you were injured or how negligent the driver was.

This rule makes pedestrian and bicycle cases especially sensitive. Insurance companies routinely argue that a pedestrian crossed outside a marked crosswalk, or that a cyclist failed to signal a turn, in an attempt to shift blame and avoid paying anything at all. Even small technical violations can be used against you if your case is not carefully built from the start.

Crosswalks, Jaywalking, and Your Legal Standing

Pedestrians generally have the right of way in marked and unmarked crosswalks, but that right is not absolute. If you were crossing outside of a crosswalk or against a signal, the insurance company will likely argue that you contributed to the accident. This does not automatically mean you have no case, but it does mean your claim requires a stronger investigation to establish what the driver did wrong.

Drivers are still required to exercise reasonable care to avoid hitting pedestrians, even those who are not in a crosswalk. Speeding, distraction, or failure to keep a proper lookout can still make a driver liable even when a pedestrian was technically jaywalking. The specific facts of how the accident happened matter enormously.

Bicycle Accidents Bring Their Own Liability Challenges

Cyclists face a unique form of bias in injury claims. Insurance adjusters often assume a cyclist was riding recklessly, weaving through traffic, or ignoring traffic signals, even when none of that is true. Helmet use, road position, and visibility all become talking points that insurers use to try to reduce a settlement.

Under Maryland law, not wearing a helmet generally cannot be used against an adult cyclist to reduce compensation, since Maryland does not have a universal adult helmet law. However, other factors such as lane position, signaling, and adherence to traffic signals can still be closely scrutinized. Building a strong record of what actually happened protects you against these arguments.

Liability Can Extend Beyond the Driver

In some pedestrian and bicycle accident cases, the driver is not the only party liable. If a dangerous road design, missing signage, poor lighting, or a defective traffic signal contributed to the accident, a government entity responsible for maintaining that roadway may share liability. These claims involve different procedures and shorter notice deadlines than typical injury claims.

Employers can also be held liable if the driver who struck you was working at the time of the accident, under a legal principle known as vicarious liability. Identifying every potentially liable party is one of the most important steps an experienced attorney takes early in your case, since it can significantly increase the compensation available to you.

Evidence Is Everything in These Cases

Because liability disputes are so common in pedestrian and bicycle cases, the evidence you gather matters enormously. Photos of the scene, the vehicle, and your injuries; the contact information for any witnesses; and a copy of the police report all help establish what actually happened. If there are nearby businesses or homes with security cameras, request that footage as quickly as possible before it is deleted.

These same evidence principles apply across nearly every type of crash we handle, including car accident injury claims throughout Maryland. The sooner evidence is collected and preserved, the stronger your position becomes when the insurance company starts looking for reasons to deny or reduce your claim.

Maryland’s Filing Deadline Still Applies

Pedestrian and bicycle accident victims are still subject to the same statute of limitations as other personal injury claims in Maryland. Under Maryland’s statute of limitations, injury victims generally have three years from the date of the accident to file a lawsuit. If a government entity is involved due to a road defect or signal malfunction, that deadline can be much shorter, sometimes as little as one year.

Let Us Help You Establish Liability and Protect Your Claim

At Robinson & Associates, we understand how complicated liability disputes can be in pedestrian and bicycle accident cases, and we know how aggressively insurance companies use Maryland’s contributory negligence rule to deny valid claims. 

We investigate every angle of your accident, identify every liable party, and build the strongest possible case to protect your right to compensation. Our firm handles all types of Maryland personal injury claims, and there is never a fee unless we recover for you. Contact us today for a free consultation and let us start fighting for you.