Every year, thousands of pedestrians in Maryland are injured in motor vehicle accidents. Beyond the physical pain, these accidents can leave you juggling medical bills, missed work and uncertainty about your next steps. Fortunately, Maryland law provides protections for you to secure fair compensation and hold negligent drivers accountable.
Drivers vs. pedestrians: Who has the right of way?
Under the Maryland Transportation Code, drivers must yield to pedestrians lawfully within a crosswalk. Drivers must also exercise due care to avoid hitting pedestrians, such as sounding the horn when approaching.
However, right-of-way disputes are common in pedestrian accident cases. Although motorists carry heavier responsibilities, pedestrians are also expected to follow traffic laws carefully.
What are your duties as a pedestrian?
While Maryland drivers must exercise caution at all times, pedestrians also have responsibilities when using roadways. Individuals on foot are expected to:
- Use marked crosswalks when available
- Obey pedestrian control signals and traffic lights
- Yield to vehicles when crossing outside a crosswalk
- Avoid suddenly entering the roadway when a vehicle is approaching
- Use sidewalks when present
Following these rules not only keeps pedestrians safe but also determines liability after an accident. The courts may use failure to adhere to these rules as evidence of negligence against the pedestrian.
How do Maryland’s negligence laws apply to pedestrian accident claims?
Maryland is one of the few states that follow contributory negligence rules. This means that if you were partially liable for the accident, you may no longer be eligible for full compensation. Because of these standards, insurance adjusters tend to scrutinize a pedestrian’s actions to shift fault away from the driver. They may attempt to reduce liability by claiming:
- You crossed outside the crosswalk or against a signal.
- You stepped into traffic too quickly for a driver to stop.
- You failed to watch for cars, which contributed to the crash.
- You used your phone while crossing the road
- The driver had the green light
Because the state’s negligence laws are so stringent, it is crucial that you gather evidence that demonstrates both you and the driver’s actions. If you are uncertain whether your actions played a role, legal counsel can help you determine the facts surrounding the incident.
Protecting your rights after an accident
If you have suffered a pedestrian accident injury, keep detailed records of your recovery journey. This includes all medical bills, missed work days and how your injuries affect your daily life. Documentation becomes crucial evidence when seeking fair compensation for your losses.
Witness statements can also help establish the events of the incident and who had the right of way. Taking the appropriate steps after an accident can help protect your right to fair compensation.