Deaths of Two Pedestrians Reminds Us All to Be Careful When Sharing the Roads with Cars

On April 1, 2016, two pedestrians were fatally injured in two separate incidents in Maryland. Both people were struck by cars, and both were declared dead at the scene, according to Eye on Annapolis. The first case was a hit-and-run, and there were no witnesses. The second fatal accident appears to be the result of the pedestrian’s failure to yield. Authorities believe the pedestrian may have imbibed alcohol.

Now that the weather is getting warmer, we are likely to see more pedestrians out on the roads. Whether you are behind the wheel or you are a pedestrian, you must be careful while sharing the road. Pedestrians often have the right of way – but not always. Knowing when you can cross and when you cannot will keep you safe, but it will also protect your rights if you suffer an injury in a car accident.

How the law in Maryland applies to pedestrians

Under Maryland’s statute, “At an intersection, a pedestrian is subject to all traffic control signals, as provided in §§ 21-202 and 21-203 of this title. However, at any other place, a pedestrian has the rights and is subject to the restrictions stated in this title” (emphasis ours).

In short, here is what you need to know:

• Yes, you have right of way in a crosswalk – but you have to follow the rules of the road. You cannot cross against the light, and you cannot dart out in front of a car that would be unable to stop in time.
• No, you do not always have the right of way when you are not in a crosswalk. “If a pedestrian crosses a roadway at any point other than in a marked crosswalk or in an unmarked crosswalk at an intersection, the pedestrian shall yield the right-of-way to any vehicle approaching on the roadway.” This same rule applies if a pedestrian tunnel has been provided for you, but you choose to cross the road instead.
• No, you may not cross diagonally most of the time. If the traffic light allows for diagonal crossing, you may; otherwise, it is up/down and to the left/right for pedestrians.
• Yes, you have to use the sidewalk. If there is no sidewalk, you must walk on the left shoulder (if there is one) or as close to the edge of the road on the left-hand side as possible. Unlike bicyclists, who must ride with the flow of traffic, pedestrians must walk facing the traffic.

If it seems as though the law is hard on pedestrians, remember this: in Maryland, if you are found at all at fault for your accident, you may be denied compensation entirely.  This is because Maryland is one of four states that has contributory negligence which completely bars a plaintiff’s recovery if the plaintiff is in any way at fault. If you are walking along the wrong side of the road and are hit by a car, a judge could conceivably deny you an award because you were not on the correct side of the road. The law is archaic and unfairly strict to personal injury plaintiffs, which is why you must follow the laws when you are walking from Point A to Point B.

That being said, it is critical that drivers take heed of pedestrians on the road. Ignorance of the law is no defense, and simply saying “I didn’t know” will not help you if you cause an accident with a pedestrian. Be especially careful when driving along the city streets of Baltimore, where you are more likely to share the road with a pedestrian than you are in more suburban or rural communities (outside of housing developments, that is). Slow down around corners and through intersections, turn your lights on as soon as the sun starts to go down (or on cloudy days), and be on the lookout for people when you try to back out of a parking spot in a lot or on the street.

If you have been injured in an auto accident in Maryland – with a pedestrian or another driver – Plaxen Adler Muncy, P.A. can help. For over 35 years, our personal injury law firm has served victims throughout Maryland. To make an appointment with an experienced Baltimore auto accident lawyer, please contact us.