Alberto Barreto, 15, of Rockville, was crossing Montrose Road while riding a skateboard when he was struck by a 2012 Prius. Najeem Amin, 47, of Dumfries, Virginia, was traveling west on Montrose Road when he collided with Barreto close to Evelyn Drive.

Barreto, who was transported to a local hospital where he was being treated for life-threatening injuries, died last weekend. Detectives from the Montgomery County Department of Police continue to investigate the collision.

Contributory negligence and assumed risk

Maryland is one of only four states and Washington, DC, that still recognizes the legal principle of contributory negligence as a negligence defense. Most states adhere to the doctrine of comparative negligence, in which the injured party can recover compensation determined by a percentage of blame they share in an accident.

Contributory negligence, on the other hand, will not award damages to the victim if his actions contributed to the accident, regardless of the extent of his injuries or if the court finds his activities or presence even marginally responsible for what happened.

Where a judgement of comparative negligence might find the skateboard rider 20% at fault for having entered the street outside a crosswalk and given him a partial award for damages, in Maryland that small portion of negligence on his part will prevent him from recovering any damages.

The other legal doctrine that works against an accident victim in Maryland is the assumption of risk. The defendant in a negligence suit can argue that the injured party knew the inherent dangers of engaging in a particular activity, and so must have assumed the risks that were part of the activity. A skateboarder who entered the street assumed the risk of being hit by a car.

Seeking compensation after a serious accident

Although many personal injury cases are settled out of court, the victim or his family can pursue a negligence or wrongful death suit if the insurance company or other party does not agree to a fair settlement. It is important to find an experienced personal injury lawyer who knows the laws and will fight for you to get the maximum compensation for your claim.

Pedestrian car accidents

According to reports, a Germantown pedestrian was killed at about 2:00 p.m. on Friday after a car accident. The police claim that the pedestrian was crossing westbound Middlebrook when they were struck by the vehicle. The impact did not immediately kill the pedestrian, but they died in the ambulance. The driver, however, was uninjured.

The accident is still under investigation. Anyone who witnessed the accident or has dashboard camera footage should contact the Germantown Police Department immediately.

What happens after these types of accidents?

While it might seem apparent that the driver was at fault, the details of the accident are still unknown. It is possible that the driver was driving recklessly, but it is also possible that the pedestrian was being reckless as well. Until the investigation is completed, we will not know for sure, which is why anyone in Bethesda, Maryland, and the Washington, D.C. metro area, including Virginia, involved in a pedestrian accident needs to call an attorney immediately.

Attorneys can do an independent investigation themselves to determine liability, even if the police are unable. They can hold whichever party that is liable responsible for the damages they caused. For the pedestrian, this will be the surviving family that will hold the driver accountable, and for the driver, it will be the estate of the pedestrian. The law allows for victims of negligence to hold those negligent individuals responsible for all of the damages they cause.

As with many statistics, this news should be taken with a grain of salt. There are always a multitude of factors that can result in skewed values. For example, there is actually an increase in the number of bicyclists over the age of 45, and an increase from there of cyclists who engage in sport cycling. It is not entirely risk born of age, and if anything the American people are showing that age really is just a number as they take to a pair of wheels. Still, our bodies aren’t always what they were before, and we need to be aware of our limits. If you’re biking to try and get back in shape, remember that you won’t get back there all at once. It takes time and practice. For everyone out there, remember to be safe. Wear a helmet, stay alert, ride with traffic, and obey the law. Stay safe and have fun out there!

If you or a loved one have been injured in a collision while biking or driving and need legal consultation, contact us at 202-296-0666.

The Washington Area Bicyclist Association is trying to  fix this through educational outreach, but it can only do so much. They are pushing for the Bicycle and Motor Vehicle Collision Recovery Amendment Act of 2015.  This proposed law attempts to change the law of contributory negligence.  Essentially, this amendment will prevent the cyclist’s opposing party from obtaining a complete defense due to any amount of fault on the cyclist’s part.

Recently, the Motor Vehicle Collision Recovery Act was voted 3-0 from the committee to move on for consideration by the full D.C. Council. It explicitly protects non-motorists in its language, and will afford bicyclists greater protection. The bill includes the last clear chance doctrine, which shifts the potential for final fault onto the negligent motorist. Even if the cyclist is found to be at fault, if the motorist failed to capitalize on a last clear chance to avoid the collision, the cyclist may potentially obtain a recovery.

If you have been involved in a cycling accident and need legal assistance, call our office at 202-296-0666.

March 13, 2016

Pedestrian & Bicycle Accidents

This chart shows recent pedestrian and bicycle accident data from the District of Columbia:

As you can see, pedestrian fatalities are getting more frequent and more severe.

At Lewis & Tompkins PC, we are seeing more pedestrian and bicycle accident victims.  In our experience, inattentive drivers (I’m talking to you, cell phone users)  and hectic rush hour traffic are the most frequent causes of cars hitting pedestrians and bicyclists.

If you are hit by a car while walking or riding a bicycle, always call the police and seek immediate medical care.

If you need legal assistance (and if there is an insurance claim involved, you do) call our office at 202-296-0666.