Richard S. Lundin
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Personal injury and family law attorney licensed to practice in Maryland and the District of Columbia

Pedestrians hit by cars face many difficulties in receiving compensation from the other driver's insurance company.  Maryland and the District of Columbia both recognize the legal doctrines of contributory negligence and assumption of risk, which favor the other driver and can result in no compensation for an injured person.  For instance, when does the law require you to look over your shoulder?  The answer is:  when you're walking or standing on a roadway with traffic approaching you from behind.   
It's more common than you might think to have to walk or stand in the roadway.  Common situations include:

  • Snow has made the sidewalks impossible to walk on, so you have to walk along the edge of the roadway that’s been plowed.
  • Your car breaks down or runs out of gas and you have to walk to get assistance and there aren’t any sidewalks, like the Baltimore-Washington Parkway.
  • You have an accident and you can’t easily pull off the road so you have to get out to exchange information on the roadway.
  • A large item you’re transporting (mattress, outdoor grill, etc.) shifts or comes loose so you have to stop to re-secure it.
In these situations, the law puts on you the duty to look over your shoulder for vehicles approaching from the rear.  If you don't, you could be found contributorily negligent and denied any compensation if you're hit. 
If you or someone you know has been hit by a car while walking or standing on a roadway, call us today.  DO NOT GIVE A STATEMENT to the insurance company.  Call us first so that we can protect your rights and your claim for compensation.