Steps Following a Pedestrian Accident in Maryland

When involved in a pedestrian accident in Maryland, first and foremost a person should consider their physical condition and seek the medical help that is needed to address any symptoms and injuries that have been suffered as the result of the collision. What is not typically in people’s minds is thinking of other things that are important for their benefit from a legal standpoint in proving the other person responsible and liable for the accident. If a person is capable, they should contact the police so that the police can perform a proper investigation.

Role of the Police

People need to be aware that police officers are not always responsible for making a police report, even though it is preferred. Typically in most jurisdictions in Maryland, if the injury, at least on the scene, is not serious enough to require medical attention, then the police do not have a responsibility to do a formal police report. They will facilitate the exchange of basic information on the identity of the parties and their insurance company information. The problem with this is everybody can leave the scene.

Collect Evidence

If there is a discrepancy between the vehicle driver and the pedestrian on how the collision occurred, it becomes a problem for the pedestrian in terms of proving how the accident happened and that the vehicle driver was at fault if the police did not file a report. That is why, if possible, people need to be cognizant of documenting things themselves while on the scene.  To the extent able, pedestrians should take pictures and videos to document the point of impact—particularly if a crosswalk is involved – so that it can be documented that the vehicle collided with the pedestrian in a crosswalk. Document other physical evidence on the scene by taking pictures and videos and obtain the identifying information of the driver and his or her insurance company.

Witnesses

Sometimes there will be people who will come on the scene, identify themselves, and say they saw everything, but if no one ever gets their contact information, the pedestrian and his or her lawyer are unable to get that information after the witness leaves the scene and nobody ever knows who they are. That is obviously not what you want. It is important to gain as much information from people who saw the collision and can document things before, during, and after the collision as possible because, quite frankly, in these cases, witnesses will often be relied upon as evidence in the case.

If there is a discrepancy between the vehicle driver and the pedestrian, it is very important to have people who are objective and may have witnessed part or all of the happenings. It is important to have their information to rely on them in the event that the case either is disputed or has to go to court.