Baltimore Accident Attorneys Help Injured Pedestrians
Maryland Personal Injury Firm Pursues Maximum Compensation for Clients
The number of pedestrian accidents have increased in Maryland over the past five years, and the state’s drivers are involved in more than 3,000 crashes with pedestrians each year, according to the Maryland Motor Vehicle Administration (MVA). In 2017, pedestrians were involved in three percent of the state’s accidents, but accounted for nearly 19 percent of the fatalities, and nearly 20 percent of those killed in a traffic accident in Maryland was a pedestrian.
Maryland Pedestrian Safety Laws
In Maryland, drivers are required to follow the following traffic laws concerning the rights and rules for pedestrians:
- Stop when a pedestrian is crossing the road in a crosswalk on the side of the road where the vehicle is traveling or moving toward from another lane.
- Refrain from passing a vehicle that is stopped for a pedestrian in a marked or unmarked crosswalk.
- Yield the right-of-way to a pedestrian in a crosswalk when turning on a green signal or arrow.
- Stop at the near side of the intersection at the clearly marked stop line when facing a red signal or arrow.
- Yield the right-of-way to a pedestrian before performing a right turn on red.
- Exercise due care to avoid hitting a pedestrian, warning them by sounding the horn.
- Drive at a reduced speed when special dangers to pedestrians are present.
Maryland pedestrians are subject to all traffic control signals and are required to yield the right-of-way to approaching emergency vehicles. Pedestrians who cross a road somewhere other than in a marked or unmarked crosswalk, including where a pedestrian tunnel or overhead ere a sidewalk is available, pedestrians are not allowed to walk along or on an adjacent roadway.
In Maryland, a pedestrian can only recover in a lawsuit against a driver who hit him if the driver was completely at fault. If a pedestrian failed to act in a responsible manner or violated a traffic law, they could be found contributory negligence, making them partially responsible for a subsequent accident. For example, if a pedestrian walked out in traffic while texting on their phone and there was nothing the driver could do to avoid colliding with them, the pedestrian will not be able to recover damages.
Maryland Pedestrian Accidents and PIP Insurance Coverage
Maryland accident law is based on a fault system, meaning that the driver who struck the pedestrian is only liable and required to pay damages if the driver was at fault. However, an injured pedestrian may be able to make a no-fault claim under the driver’s personal injury protection (PIP) coverage. If the driver has PIP coverage on their insurance policy, this coverage will be primary and pay PIP benefits to cover the injured pedestrian’s medical bills and up to 85 percent of lost income, up to the policy limits. If the driver does not have PIP insurance, the pedestrian’s PIP coverage will become primary and pay their damages.