Legal Question in Personal Injury in Maryland

father killed in auto accident as a pedestrian accident

My Father was recently ''run down'' by a speeding car while he was crossing a roadway near the metro station. The police report states that my father was at fault. is there anything that can be done to recover from the insurance company of the driver of the car?


Asked on 1/21/09, 9:17 pm

3 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: father killed in auto accident as a pedestrian accident

The reason the police blamed the accident on your father was probably that, from their investigation, they concluded that he was not crossing the roadway in a designated crosswalk, or at an intersection. However, there is a body of case law in MD which holds that the driver can still be held responsible if he had an opportunity to avoid the accident. I would be happy to discuss this further with you.

Robert Sher

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Answered on 1/22/09, 9:33 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: father killed in auto accident as a pedestrian accident

Contact me to discuss the facts as you understand them, witnesses, and other evidence. I will need to see the police report. 410.750.2567

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Answered on 1/21/09, 9:25 pm
Michael McCarthy Guydon Love, LLP

Re: father killed in auto accident as a pedestrian accident

When dealing with a personal injury case such as this, you want to examine Liability and Damages. In this case, damages are obvious. Your hurdle will be liability. This is where good lawyering comes in to play. An attorney would have to know the facts and circumstances surrounding this case before he could make an accurate assessment on liability.

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Answered on 1/21/09, 9:43 pm


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