How Pedestrian Accident Settlements Work in Maryland

A pedestrian accident settlement starts with proving liability and documenting damages. In Maryland that means anticipating the contributory-negligence defense from day one.

Building the Claim

Maryland is one of only a small handful of states that still follows pure contributory negligence. Under this harsh rule, if you are found even one percent at fault for your own injury, you can be barred from recovering anything at all. Insurers know this and work hard to pin a sliver of blame on you, which is why how fault is documented matters enormously here.

How Value Is Calculated

Settlement value combines economic losses (medical bills, lost wages, future care) with noneconomic damages. Maryland caps noneconomic damages — pain, suffering, and loss of enjoyment of life — at roughly $965,000 for injuries occurring in the 2025–2026 period, a figure that rises every year. Economic damages such as medical bills and lost wages are not capped.

Insurers discount for any perceived fault and any gap in treatment, so a clean, well-documented file commands more.

Timing and Deadlines

Maryland gives most injury victims three years from the date of the accident to file a lawsuit, under Section 5-101 of the Courts and Judicial Proceedings Article. That window feels generous until you are managing treatment, lost income, and an insurer that benefits from delay.

If a government vehicle, road defect, or public entity contributed to your injury, special notice deadlines apply. Claims against local governments generally require written notice within one year under the Local Government Tort Claims Act, and claims against the state have their own notice rules. Missing these can end a claim before it begins. If you were hurt in Maryland, a free case review can clarify exactly how these rules apply to your situation and what your claim may be worth. There is no cost and no obligation, and you pay nothing unless you win.

This article is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Maryland attorney.