Maryland: 301-854-9000/410-995-1515 | Northern Virginia: 703-916-1227 | Richmond, Virginia: 804-643-3783 | Washington, D.C.: 202-554-1449

Maryland Pedestrian Accident Lawyers and Virginia Injured Pedestrian Attorneys

When it comes to pedestrians, Maryland is very dangerous. There is a dysfunctional relationship between drivers and walkers in Maryland that helps ensure a seemingly permanent spot among the most dangerous states for pedestrians. The Governors Highway Safety Association recently released a report showing that Maryland is one of only four states, if one includes the District of Columbia, where more than 20 percent of all road fatalities involve a pedestrian. It is also one of only four where the pedestrian fatality rate is more than 2 per 100,000 residents each year.

Since 1999, that has meant between 91 and 116 deaths a year, with no clear trend. Last year brought a statistically insignificant decrease from 54 in the first six months of 2009 to 50 in the first half of 2010. To a large degree, Maryland's high pedestrian fatality rate is a function of geography. James Hedlund, the lead researcher for the association study, noted that Maryland is one of the most compact, urbanized states in the Union. That translates into more pedestrian exposure.

Our Maryland pedestrian accident lawyers and District of Columbia pedestrian accident attorneys have represented hundreds of pedestrians who were injured as a result of a driver’s negligence. Our Maryland pedestrian accident lawyers are extremely experienced and have an in depth knowledge of the relevant pedestrian laws. Maryland’s laws, if followed, would protect pedestrians. Unfortunately, Maryland drivers are either unaware of the laws or simply chose to ignore them. Our Maryland pedestrian accident attorneys and Virginia pedestrian injury attorneys use the legal system to enforce ineffective pedestrian laws. Below you will find a summary of the relevant pedestrian law.

Pedestrians at crosswalks

Most pedestrian laws involve "crosswalks," whose definition varies from state to state. Painted crosswalks are obviously "crosswalks," but "unmarked crosswalks" exist by law as well. In some states, unmarked crosswalks are considered to exist at every corner of intersecting streets. In others, including both Maryland and Virginia, crosswalks exist only where a sidewalk ends at the street, and in others, they exist only where sidewalks on both sides of the street face each other.

In Maryland, crosswalks are defined as that part of a roadway that is: (1) Within the prolongation or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway; or (2) Distinctly indicated for pedestrian crossing by lines or other markings. There doesn't have to be a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches the street and ends there, even if there is no sidewalk resuming on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would extend into the street.

This definition uses the word "sidewalk." “Sidewalk” means that part of the highway: (1) That is intended for use by pedestrians; and (2) That is between; (i) The lateral curb lines or in the absence of curbs, the lateral boundary line of a roadway; and (ii) The adjacent property lines. We tend to think of sidewalks as paved walkways with curbs, but in Maryland a curb does not have to be present to be considered a sidewalk. In Lipphard v. Hanes, an unpaved 8-foot-wide walking area between the street and the bordering property was considered to be a sidewalk.

Crossing where there is no traffic signal

In general, where there is no traffic signal, pedestrian tunnel, or overhead crossing, pedestrians have the right-of-way at crosswalks (marked or unmarked), and vehicles have the right of way everywhere else. Where there is no traffic signal or pedestrian tunnel or overhead crossing, drivers shall come to a stop when a pedestrian, crossing the roadway in a crosswalk (marked or unmarked), is either on the half of the roadway on which the vehicle is traveling, or approaching so closely from the other half of the roadway as to be in danger. This rule means that to assert the pedestrian's right of way in Maryland, the pedestrian has to be either crossing or waiting in the street, not standing on the sidewalk. In addition, Drivers may not overtake from behind any vehicle that has stopped to let a pedestrian cross the roadway.

Even when pedestrians have the right of way, however, they may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close or coming so fast that it is impossible for the driver to yield. In other words a pedestrian can’t throw caution to the wind and dart into traffic without looking both ways. Maryland Court decisions have therefore stipulated that pedestrians who have the right of way must still observe due care and caution to avoid injury, and "cannot cross blindly without looking for approaching traffic."

If a pedestrian claims he did not see what he must have seen if he had looked, the court will assume that he either imprudently did not look even though it was his duty to do so, or that he saw obvious peril and then rashly crossed in the face it. However when the pedestrian has looked and seen no vehicle, or has seen a vehicle at a distance justifiably thought to be safe, he is entitled to assume that any oncoming vehicles will respect his right-of-way. Drivers are also required to exercise due caution to avoid injury even when they have the right-of-way. Simply put, if the car can stop it must. Drivers, although annoyed, can’t vent their frustrations by running down pedestrians. They can use their brakes.

Crossing where there is no crosswalk

If pedestrians cross anywhere other than a marked or unmarked crosswalk, they shall yield the right of way to all approaching vehicles and are considered negligent if they do not. The pedestrian must also yield the right-of-way when crossing a roadway where a tunnel or overhead is provided for pedestrians to cross, even if there is a crosswalk there.

As long as they yield the right of way and cross only during safe opportunities, pedestrians may lawfully cross streets between intersections (midblock) unless they are between adjacent intersections which each have traffic signals. Maryland law prohibits crossing between adjacent intersections that have traffic signals.

Crossing at traffic signals

Pedestrians facing any green signal, unless the green signal is only a turn arrow, may cross the roadway within any marked or unmarked crosswalk in the direction of the green signal. Pedestrians facing a "WALK" (or "walking person") signal may also cross in that direction and shall be given the right-of-way by all drivers. Where there is an exclusive all-pedestrian interval, pedestrians may cross in any direction within the intersection.

It is unlawful for pedestrians to enter the road and start to cross in the direction of a "DONT WALK" or "upraised hand" signal or "WAIT" signal, or in the direction of a steady red signal alone unless otherwise directed by a pedestrian signal. Thus if they haven't realized that it's their turn and therefore don't start to cross during their walk signal, they must wait. Vehicles facing a green signal and turning right or left shall yield the right-of-way to any pedestrian lawfully within the intersection or an adjacent crosswalk.

If pedestrians have started to cross during a "WALK" signal and partly completed the crossing when the "DONT WALK," "WAIT," or "upraised hand" signal shows, they shall proceed without delay to a sidewalk or safety island. Maryland case law determined that pedestrians who start across the intersection with a favorable signal have the right to complete the trip, even if the light changes to red during the crossing. Drivers "may not drive blindly across an intersection simply because the signal is green". They must first allow pedestrians and vehicles which are lawfully in the intersection to cross, then they must proceed with caution. Maryland pedestrians can inadvertently waive this right. For example, in 1960 a woman who had stopped on the median strip and intended to stay was hit on her arm by a car when she extended it into the street. She was held negligent because she had waived her right-of-way.

In summary it is unlawful or legally negligent for pedestrians to start crossing during WAIT signal or red light, cross between intersections with signals or fail to look for approaching traffic before crossing. Pedestrians have the right-of-way in crosswalks, both marked and unmarked (unless there is an overhead or tunnel provided for pedestrians to cross) and pedestrians can cross midblock (except between intersections with signals) but must yield the right-of-way.

Maryland pedestrian laws may try to protect pedestrians; however, aggressive litigation against the motorists on behalf of the injured will also discourage motorists’ indifference towards pedestrians and the laws protecting them. If you or someone you know was injured while crossing the street or walking along the road because of a driver’s negligence, our Maryland pedestrian accident lawyers and Virginia pedestrian injury attorneys will recover damages for your medical treatment and pain and suffering. Portner & Shure handles many cases involving pedestrians each year and refuses to accept a negligent driver’s excuses or claims of contributory negligence.

We serve the following counties:
Virginia - Loudoun County, Arlington County, Fairfax County, Prince William County, Fauquier County, Fredericksburg County, Clark County and Warren County
Maryland - Anne Arundel County, Howard County, Baltimore County, Harford County, Baltimore City, Prince George's County, Frederick County, and Montgomery County