Maryland Personal Injury Lawyers
When motor vehicle drivers ignore the pedestrian’s right-of-way on a crosswalk, people get killed. The National Highway Traffic Safety Administration reported that approximately 500 pedestrians were killed while walking in a crosswalk.
It is a stunning number given that the crosswalk is where we push pedestrians to be. Ostensibly a safe haven for pedestrians, the crosswalk is often anything but safe. Most of these pedestrian crosswalk serious injury and death cases are in urban areas like Baltimore City. But we see crosswalk accident cases every year in rural areas, often because many drivers in those areas just do not have their minds trained to think of pedestrians, and they have a “I’m in a car, therefore the road must be mine” way of thinking. This way of thinking – in the city or in the suburbs – brings too many tragedies to our law office.
Pedestrian Accident Law
To put this in context, these 500 pedestrian deaths a year make up only about 10% of pedestrian deaths. But crosswalk injuries and deaths make up a disproportionate number of pedestrian accident lawsuits in Maryland because victims in the crosswalk are generally going to be successful in bringing their claims. Why? The crosswalk is supposed to be a safe haven for pedestrians.
Crosswalk accidents are caused by a number of things. Distracted drivers, drunk drivers, or plain bad drivers cause these injuries. Any city dweller knows that a particularly dangerous situation occurs when you have the “walk” sign and the cars traveling in the same direction have a green light. Even though the car has a green light, it is up to the driver to ensure they do not hit you when making a right turn. Maryland law specifically requires that drivers yield to pedestrians at crosswalks when they are on the half of the roadway in which they are traveling or approaching from the other lane. Also, when a car stops to allow a pedestrian to cross, the law forbids another car from overtaking the stopped car. Of course, how many drivers are even aware of these laws?
But common sense and Maryland law under § 21-502 of our Transportation Code says that when a pedestrian has the right-of-way at an intersection, that pedestrian has the right to assume that the driver of a motor vehicle will obey our law and yield the right-of-way to those of us on foot who are making a crossing.
But Maryland’s high court has also made clear that this is not to say that a pedestrian may blindly step into the path of an oncoming automobile simply because he is in a crosswalk (the court also importantly says that it also does not mean that it is negligent per se if she crosses in the middle of a street, either). Yes, the pedestrian may rely on a motorist respecting that right unless it is or becomes apparent that the motorist will not.
What this means is that the legal preference the pedestrian enjoys at a crosswalk in Maryland is not boundless under § 21-502. Pedestrians must still exercise due care and remain vigilant to avoid a collision. We cannot cross the road blindly without looking for approaching traffic. Under Maryland’s contributory negligence law, you may not recover for damages in a pedestrian accident if you are also responsible for the accident.
What Happens After a Crosswalk Accident in Maryland?
Many people assume that if they were hit in a crosswalk, the driver is automatically responsible. Often that is true. But crosswalk accident cases in Maryland are not always as simple as they should be.
Maryland follows one of the harshest negligence rules in the country. It is called contributory negligence. Under this rule, if the driver convinces a jury that the pedestrian was even slightly responsible for the crash, the victim may recover nothing. Because of this rule, pedestrian injury litigation in Baltimore and throughout Maryland often focuses heavily on the details of how the crash occurred and whether the defense can credibly argue that the pedestrian was partly at fault.
The defense arguments in crosswalk accident lawsuits are usually predictable. The driver claims the pedestrian stepped into traffic too quickly. They say the pedestrian was distracted. Sometimes they argue the victim crossed outside the crosswalk or violated jaywalking laws. These arguments come up again and again in pedestrian cases.
But the facts in most crosswalk accident cases tell a different story.
Drivers often fail to look before turning. They pass vehicles that have stopped for pedestrians. They check for oncoming traffic but forget to check the crosswalk. These are exactly the situations where serious pedestrian injuries occur.
This is why crosswalk accident liability often turns on a few key questions.
- Was the pedestrian already in the crosswalk when the vehicle entered the intersection?
- Did another driver stop to allow the pedestrian to cross?
- Was the driver turning right or left when the crash occurred?
- Was the driver distracted by a phone or other activity?
When those facts favor the pedestrian, juries are often willing to hold drivers accountable even when the defense tries to shift blame.
Another legal doctrine sometimes becomes important in these cases. It is called the last clear chance rule. Even if a pedestrian made a mistake, the driver may still be responsible if the driver had the final opportunity to avoid the collision and failed to do so.
That rule has saved many pedestrian cases that otherwise would have been barred by Maryland’s contributory negligence law. And, really, jurors do not want to find contributory negligence in most cases because they can feel how unfair it is. But you have to give them a leg to stand on to avoid a contrib finding.
Because of these legal hurdles, victims are often surprised to learn that crosswalk accident cases can be aggressively defended by insurance companies. This is especially true when large insurers like State Farm are involved. Insurance adjusters often rely on internal formulas or software tools to estimate claim values. These tools rarely reflect the real value of a serious pedestrian injury.
Unmarked Crosswalks
There is a Maryland law on crosswalks – Maryland Transportation Code Ann. § 21-503 – that makes clear that you do not need to have crosswalk markings to have a crosswalk. There are unmarked crosswalks at most intersections with connecting sidewalks. It is amazing how many police officers, lawyers, and judges are not aware of this Maryland rule regarding unmarked crosswalks. Our law firm has looked at so many police reports where the police describe the accident perfectly but get who is at-fault completely backwards. This is unfortunate because while police reports are not even admissible at trial, many victims assume the officer’s report is correct and do not bring their very viable claims.
Pedestrian Accident Settlements and Verdicts
Just as in any pedestrian accident, a crosswalk accident victim’s injuries are likely to be substantial. Common injuries include broken bones, head trauma, spinal trauma, and death. These injuries all have one thing in common: they are severe. Unfortunately, that is the reality of pedestrian accidents. Provided that they were crossing properly, those involved in crosswalk accidents likely have the law on their side. The proper course of action in those scenarios is to contact an attorney to ensure compensation for injuries, pain, suffering and mental anguish.
The following verdicts should give you an idea of the approximate value of a crosswalk accident case. Remember, though, juries are unpredictable and awards can be all over the place based upon the composition of the jury itself.
- 2022, Maryland: $575,000 Verdict: A pedestrian was hit by a turning vehicle while crossing an intersection in Baltimore County. The plaintiff alleged the driver failed to yield to a pedestrian in the crosswalk. The defendant argued that the pedestrian stepped into traffic too quickly for the driver to react. The jury awarded $575,000 for medical bills, lost wages, and non-economic damages.
- 2019, Maryland: $2,300,000 Verdict: A pedestrian was struck by a vehicle while crossing a street in Prince George’s County. The plaintiff sustained severe leg fractures and permanent injuries that required multiple surgeries. The defendant argued that the pedestrian crossed outside the crosswalk and was contributorily negligent. The jury disagreed and awarded $2.3 million in damages.
- 2018, Maryland: $1,750,000 Verdict: A pedestrian was walking across a roadway when a driver struck him while failing to properly observe traffic conditions. The plaintiff suffered significant orthopedic injuries requiring surgery and extensive rehabilitation. The defense argued the pedestrian was inattentive while crossing the road. A Baltimore City jury rejected the defense argument and returned a verdict of approximately $1.75 million.
- 2017, Maryland: $106,241 Verdict: A woman was struck by a vehicle while attempting to cross a roadway in Montgomery County. The defense argued that the pedestrian was contributorily negligent because she crossed outside a designated crosswalk. The jury found that although the pedestrian was partially negligent, the driver had the last clear chance to avoid the collision and failed to do so. The jury awarded $106,241.87 for medical expenses, lost wages, and pain and suffering.
- 2015, Maryland: $424,811 Verdict: A woman and her child were crossing a five-lane road. They successfully made it across the first three lanes when a driver stopped to allow them to cross the fourth lane. However, another driver overtakes the stopped car and strikes the pedestrians. The pedestrians sue after the woman suffers serious leg fractures. The defense argued that the pedestrians did not cross at a crosswalk; however, the jury disagreed and awarded a $424,811 verdict.
- 2012, Maryland: $27,500 Verdict: A man is crossing a four-lane road when a car strikes him as he traverses the fourth lane. He sustained scarring and a leg fracture as a result of the injury. He sues the driver, who contends that the plaintiff should not have run out into traffic. The jury awards $27,500 to the pedestrian.
- 2011, Maryland: $260,665 Verdict: A pregnant woman is crossing in a crosswalk near her home when a taxi driver runs into her. He continues to drive for a few feet with her on the hood and finally stops. He berates her as they stop. She sues the taxi driver, and a Montgomery County jury ultimately awards her $260,665.
- 2011, Maryland: $7,934 Verdict: A woman is walking in a crosswalk when a driver making a right turn strikes her. They end up being uninsured, so she seeks recovery from her uninsured motorist carrier. She complains of only soft-tissue injuries and seeks pain and suffering of upwards of $12,000. The jury awards $7,934.
Getting a Lawyer for Your Case
If you or a family member has been injured, you have the right to be compensated for your injury or loss. The attorneys at Miller & Zois handle serious auto-related cases on a daily basis and are equipped with the skill, knowledge, and understanding to guide you through this difficult process. Call us at 800-553-8082 or get a free consultation online.