MONTGOMERY COUNTY, MD (April 16, 2025) — A person standing next to a car wreck was struck by a passing vehicle in Wheaton, Maryland on Wednesday, April 16. 

Several people were taken to the hospital by local authorities. The accident occurred at Viers Mill Road near Claridge Road. The initial accident was a minor wreck.

There is no update on the health of those involved, currently.

Person Standing Next to Car Wreck Hit by Vehicle in Maryland: Legal Options

When someone is struck by a vehicle while standing next to a car wreck in Maryland, they face a complex legal situation with unique considerations. This scenario creates a multi-layered accident case that requires understanding Maryland’s specific laws regarding pedestrian rights and responsibilities.

Legal Classification and Rights

In Maryland, anyone on foot near a roadway is legally considered a pedestrian, even when standing next to a disabled vehicle. In a 2019 case (Postma v. Lopez), the Maryland Court of Special Appeals clarified that an individual who was merely near the road, not necessarily on it, still qualifies as a “pedestrian” under Maryland law.

However, pedestrian rights aren’t absolute. Maryland law requires pedestrians to follow right-of-way traffic rules just like vehicles do, meaning a driver isn’t automatically at fault for hitting someone on foot.

Maryland’s Contributory Negligence Rule

The most significant legal hurdle for injured pedestrians in Maryland is the state’s strict contributory negligence doctrine. Under this rule, if a pedestrian is even partially at fault for causing the accident, they are barred from recovering any compensation from the driver—an extremely strict standard that can lead to unfair outcomes.

For example, if a person standing next to a car wreck failed to move far enough from the roadway or wasn’t using emergency signals properly, they might be found partially at fault, potentially eliminating their ability to recover damages.

Critical Legal Steps After Being Hit

If hit while attending to a car wreck, taking these actions can significantly strengthen your legal position:

1. Seek immediate medical attention – Document all injuries thoroughly
2. Call police and ensure a report is filed – This creates an official record of the incident
3. Gather evidence – Take photos of the scene, your position relative to the road, and any safety measures you took
4. Collect witness information – Bystanders can provide crucial testimony about driver behavior
5. Document all damages – Keep detailed records of medical bills, lost wages, and other expenses

Insurance Considerations

Multiple insurance policies may come into play:

• The at-fault driver’s liability coverage
• Your own auto insurance (even though you were on foot)
• Uninsured/underinsured motorist coverage if the driver flees the scene or lacks sufficient coverage

The Importance of Legal Representation

Given Maryland’s harsh contributory negligence standard, securing experienced legal representation is particularly crucial. An attorney familiar with Maryland pedestrian laws can:

1. Counter insurance companies’ attempts to shift blame to you
2. Gather evidence to establish the driver’s full liability
3. Identify all possible sources of compensation
4. Structure your case to avoid contributory negligence defenses

The aftermath of being struck while standing next to a vehicle wreck involves navigating Maryland’s complex legal landscape—one that unfortunately favors defendants in pedestrian accident cases. With proper legal guidance, however, injured parties can maximize their chances of receiving fair compensation for their injuries.

If you were involved in a traumatic accident in Montgomery County, the Wheaton car accident attorneys at Regan Zambri Long Law can help. Contact us today to schedule a free consultation.

Note: Our team of writers uses secondary sources to produce this post, including local and state media and news sources, regional and state police incident reports, social media platforms, and eyewitness accounts about serious accidents in Mississippi. For that reason, if you find any information that is not correct, be sure to contact Giddens Law as soon as possible so that we can update the post with the most exact information available. A post will be removed upon request. All information in this post is informational and not intended to be considered legal or medical advice. This post is not a solicitation for business.

Disclaimer: The image used in this post is not from the scene of the accident. All information in this post is informational and is not intended to be considered legal or medical advice. This post is not a solicitation for business.