Summary and Analysis of Heffner v. Admiral Taxi Serv., 196 Md. 465, 77 A.2d 127 (1950)
The Maryland Court of Appeals opinion in an old case, Heffner v. Admiral Tax Service, is still instructive in 2014 on what pedestrian law is in Maryland.Facts of Heffner
Plaintiff, a 56 year-old man with heart trouble, was a Baltimore pedestrian who was hit by a taxi as he was crossing at the intersection of Howard Street and Franklin Street in Baltimore, Maryland. Plaintiff brought a personal injury claim and the jury awarded the Plaintiff a whopping $500 (which probably was not bad money in 1950).
The trial court granted defendants' motion for a JNOV, because the defendant had had a green light and, accordingly, Plaintiff was contributorily negligent as a matter of law. The Maryland Court of Appeals agreed that it is the duty of the pedestrian to use reasonable care -- that amorphous term is the key --in walking on a street and to act as an ordinarily prudent person would under similar circumstances. But the court also found that a motorist approaching a street intersection must exercise greater vigilance than when he is driving between intersections and that a green light does not give drivers the right to drive recklessly through the intersection without regard to traffic conditions and the safety of pedestrians on the crosswalk. In this case, the pedestrian was three quarters of the way across a four-lane thoroughfare. This is not contributory negligence as a matter of law according to the Maryland Court of Appeals.What Victims Can Learn from This Case
The take home message from this case, which is still the law today - 57 years later - in Maryland, is that even if you have a green light, you must exercise reasonable care to avoid running into any cars or pedestrians who have not yet made it across the street.
Accordingly, if you are pedestrian in a marked or unmarked crosswalk, you are in a good spot to win a settlement or judgment in your case. But just being in the crosswalk does not mean the case is won. You still have to overcome the defense argument that you did not act reasonably.
This is particular challenge in Maryland because we are a contributory negligence state. Here, if the defendant can prove you were 1% responsible for the accident, you cannot recover. So you and your counsel needs to be prepared to tackle the question about why you did not see or could not avoid the oncoming car. Again, these are very winnable cases. But you have to go out and win them because the insurance companies are going to fight when they think that have anything resembling a viable defense.Hiring a Pedestrian Crash Attorney in Maryland
Miller & Zois has found a way to win in a lot of tough pedestrian crash cases. We have a history of success that helps put you in the best possible spot to win a verdict or settlement. Call us toll free at 800-553-8082 or get a free, no obligation case evaluation online.Relevant Links