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Maryland Pedestrian Accident Lawyers

Our Maryland pedestrian accident lawyers handle claims for victims hit by a car or other motor vehicle.  Our attorneys have earned millions of dollars for victims in settlements and verdicts in pedestrian accident injury claims.

This page is about

  1. how pedestrian accident lawsuits work in Maryland,
  2. what settlement amounts and jury payouts victims see in these claims, and
  3. what our lawyers do to maximize the settlement value of these cases for our client

Pedestrian Accidents

Every day in Maryland, pedestrians crossing a crosswalk, jogging down the street, walking through a parking lot, and even walking on the sidewalk are stuck by cars or trucks. Obviously, a pedestrian does not have the luxury of a seat belt, the steel protection of a car, or even the luxury of a motorcycle helmet.

There are several dangerous areas where pedestrians are at higher risk: near the confusion of a construction site while crossing the street (especially when there is no crosswalk) while walking alongside a road (and not on a sidewalk).

Some professions, activities, and demographics that are high risk for pedestrian impact injuries include utility workers, landscapers, police officers, garbage collectors, runners, and the elderly (because it takes them longer to cross the street, and they are sometimes less able to evade negligent drivers) and children.

Pedestrian deaths are at all-time highs and have been on the rise across the U.S. in recent years. However, the most recent statistics on pedestrian accidents, published by the GHSA project in the summer of 2024, show that the number of pedestrians killed in accidents in 2023 was 7,318. Tha is actually a decrease of nearly 6% from the previous year.

When Are Drivers At-Fault for Hitting a Pedestrian?

Many people assume that pedestrians always have the right-of-way over vehicle traffic, regardless of the situation. They also assume that if a vehicle strikes a pedestrian, then the driver of the vehicle is automatically considered to be “at-fault” for the accident and legally responsible. Neither of these assumptions are correct.

Pedestrians do NOT always have the right-of-way regardless of circumstances. In fact, under Maryland law, pedestrians have to adhere to right-of-way traffic rules just like vehicles. This means that if a vehicle runs over someone walking in the street, the driver will NOT be at-fault unless the pedestrian clearly had the right-of-way.

Here is an example of how this works. Let’s say Jane is a pedestrian walking down the side of a road. Jane sees a friend on the other side of the road and starts walking across the road. Jane is not at an intersection or a crosswalk and she walks out directly in front of John’s oncoming vehicle. John hits Jane. Even though Jane was a pedestrian, she did not have the legal right-of-way in this scenario and John is not at-fault.

Proving a Maryland Pedestrian Accident Case

Contrary to popular belief, a police report is typically not evidence in a pedestrian accident lawsuit. The report, which may have a police officer’s opinion about whether the pedestrian was at fault in the collision, is usually inadmissible in court.

This lack of admissibility of the police report is a good thing in many pedestrian accident cases. Most police officers do not understand the deference Maryland law gives to pedestrians. Most pedestrian accident cases hinge on whether the pedestrian was lawfully where he was at the time of impact.

This is particularly the case if the pedestrian is struck in Maryland while crossing the street. The defense will be that the pedestrian ambled across against the signal, or crossed outside of a crosswalk.

Important evidence to prove a pedestrian’s claim includes:

  • statements of any witnesses, particularly witnesses who have no relationship to the pedestrian
  • photographs or video (often from red-light cameras, traffic cameras, or security cameras from neighboring businesses)
  • skid marks (an indication of the location of impact)
  • cell phone records showing that the negligent driver was talking on a cell phone or texting at the time of the accident

Defenses to Maryland Pedestrian Accident Lawsuits

Defense lawyers in Maryland pedestrian accidents often contend that the pedestrian was a jaywalker and was contributorily negligent. In Maryland, a victim who is even 1% negligent is not allowed to recover in a civil lawsuit.

Defense lawyers pull out all of the stops and try to convince a jury that the pedestrian was distracted (using a cell phone or MP3 player) Often, a good, quick investigation after the crash can destroy these defenses.

Cyclists are Not Pedestrians Under Maryland Law

Under Maryland law, bicycles are actually categorized as “vehicles” so a person riding a bike on the roads is not considered a pedestrian. This is significant because it means that people on bicycles are subject to different traffic and right-of-way rules compared to pedestrians.

For instance, the law usually requires cyclists to ride on the street rather than the sidewalk, while pedestrians should walk on the sidewalk instead of the street. The same rules apply to crosswalks: cyclists should wait at traffic lights and cross when they have a green light, while pedestrians should cross in a crosswalk when they have a crossing signal.

Pedestrians generally receive the most legal protection, with many laws designed to safeguard those walking on foot from drivers in cars. Cyclists, however, often have fewer protections and must follow the same rules as motor vehicles. Cyclists may also have additional rules to follow, such as the requirement to ride in a bike lane instead of the street, even if the bike lane is obstructed.

Finding Insurance Coverage In Maryland Pedestrian Accidents

One important question in Maryland pedestrian accidents is whether there is any insurance coverage to pay for the pedestrian’s injuries. The simple case is where the negligent driver has insurance – that driver’s insurance will be responsible for paying for the walker’s injuries. If the at-fault driver does not have insurance, flees the scene and cannot be found (hit-and-run accident), or has low insurance that won’t cover the full cost of the pedestrian’s injury, then the pedestrian’s automobile insurance policy will kick in if it has uninsured/underinsured coverage.

If the pedestrian does not have automobile insurance and does not live in a household with a family member who has uninsured/underinsured coverage, then the pedestrian can recover from the Maryland Automobile Insurance Fund’s (MAIF) Unsatisfied Claim and Judgment (UCJ) division. MAIF may be responsible for paying up to $30,000 for pedestrian accidents where the negligent driver is uninsured or cannot be located.

Maryland Fatal Pedestrian Accidents

We have made a lot of progress in automobile safety. Car and trucks are built with safety features our grandparents would not have imagined. Pedestrians are still in the exact same boat: completely unprotected. The big difference today is that pedestrians are even more vulnerable because of the technological distractions of cell phones and texting.

Pedestrian accidents are often catastrophic. Pedestrian injuries occur in places other than crosswalks and it is usually the driver’s responsibility to ensure that they do not hit a pedestrian. In spite of the fact that Maryland law is designed largely to protect and defer to the pedestrian, our law firm sees far too many pedestrian death cases every year.

Pedestrian Fatality Statistics in Maryland

Maryland pedestrian deaths are on the rise.  We had 48 in 2017.  In 2018, that number leaped to 60.  Sure, the sample size is small.  But that still a huge statistical jump.  These statistics also track with the national trend.  Pedestrian deaths were at a 28-year high in 2018.  Why the jump?  There are a lot of theories that have been offered.  The only one that seems to make sense is texting and other cellphone use while walking (and while drivers are driving).

Children and elderly pedestrians are at the highest risk of pedestrian death. A child is less aware of traffic and may be more inclined to enter a busy or dangerous intersection. At the same time, a minor injury suffered by an elderly person has the potential to be deadly in the event of medical complications. These harsh realities truly illustrate the massive responsibility placed on drivers. Few commuters realize that a momentary lapse in concentration can change a family forever. These drivers need to be held accountable – including possible criminal charges — if we have any chance in reducing the number of pedestrian fatalities.

Verdicts and Settlements in Pedestrian Accident Cases

Pedestrian accidents are among the most serious motor tort accident cases we have, along with truck accident cases. They make-up of 9% of auto tort cases and probably an even larger percentage of Miller & Zois’ cases.

Below are Maryland settlements and verdicts in pedestrian accident cases. Many of these are death cases which are not uncommon: 23% of vehicular accident cases are wrongful death claims.

These Maryland verdicts and settlement payouts are presented to give you a better idea of the value of pedestrian accident cases. But, we have to be honest about the limitations of this kind of data. There are too many variables to compare one pedestrian injury accident case to another to assume that if the cases are similar, they have a similar value. One case just cannot predict another.

Also, our pedestrian injury lawyers have many cases we cannot describe. Two “trucking accident pedestrian on the side of road” cases that settled into the millions with confidentiality clauses some to mind quickly.

  • 2024, Maryland $40,960 Verdict. A 60-year-old car hauler was unloading vehicles in Clarksville (Howard County) from a transporter at a dealership when he was hit by a car. He sustained a minor ankle avulsion fracture but did not undergo surgery. Instead, he completed nine weeks of physical therapy and was unable to work for the same duration, experiencing ongoing pain. He claimed medical expenses of $7,628.47 and lost wages amounting to $18,331.65, in addition to compensation for pain and suffering. The defense – State Farm – contended that the injuries were pre-existing and doubted the severity of the claimed injuries. Expert witnesses for both sides included specialists in internal medicine and orthopedics. Ultimately, the jury awarded the plaintiff a total of $40,960.12.
  • 2024, New York $875,000 Settlement. The plaintiff was a pedestrian at an intersection when she was struck by a garbage truck. The truck ran her over and dragged her for several feet before stopping. The plaintiff’s exact injuries were not specified, but they were probably very serious. She sued the garbage company and the case eventually settled for $875,000.
  • 2023, Maryland $425,000 Verdict. A pedestrian in Baltimore City, while waiting to be picked up after work, was trapped between two parked vehicles after a car collided with the rear of an SUV, pushing it forward. The pedestrian was treated for a fracture in the right leg’s tibial head, alongside lacerations, bruises, and swelling on both legs, leading to permanent scars. Despite not requiring surgery for the fracture, the individual underwent several months of aqua and physical therapy. Persistent pain, stiffness, and swelling affect the individual’s capacity for heavy lifting at work. The victim asked for $746,000 in noneconomic damages; the defense lawyer for State Farm suggested $50,000. The jury awarded $425,000.
  • 2023, Maryland: $511,399 Verdict. A 70-year-old caregiver was on her way to her vehicle parked on the street and was hit by a car. The plaintiff claimed to have sustained a hand injury as a result of the incident. She hired a personal injury lawyer to sue the driver and his employer.   The plaintiff suffered three to four fractured fingers, leading to a diagnosis of complex regional pain syndrome in the affected hand. The treatment involved physical therapy and pain management strategies. Due to limited hand mobility, the plaintiff stated they were confined to light-duty tasks. The medical expenses were claimed to be $11,000. A Baltimore County jury awarded the plaintiff $511,399, covering past medical costs, future lost earnings, and compensation for past pain and suffering.
  • 2022, Florida: $10,031,536 Verdict. A 29-year-old walked along roadside grass. He was struck by a transported motorhome. The man sustained severe head trauma. He died at a nearby hospital. The man’s father alleged negligence against the motorhome company. He claimed its employee failed to watch for pedestrians. The jury awarded $10,031,536.
  • 2021, Pennsylvania: $7,000,000 Settlement. A 30-something woman was struck by a transit bus. She suffered a severe left foot injury. An ambulance brought the woman to the hospital. She underwent an emergency foot amputation. The woman underwent several additional procedures. She experienced post-surgical complications, including heart and lung damage. The woman alleged negligence against the Southeastern Pennsylvania Transportation Authority. She claimed its bus driver failed to yield to a pedestrian and turned left without looking for pedestrians first. This case settled for $7,000,000.
  • 2021, Baltimore City: $80,000 Verdict. A 40-something pedestrian walked to her friend’s vehicle that was parked along Reisterstown Road. A sedan hit her. The woman broke three ribs and her left elbow. She underwent physical therapy for seven months. The woman could not work for nine weeks. She alleged that the at-fault driver’s failure to watch for pedestrians caused her injuries. The woman received an $80,000 jury verdict.
  • 2021, New York: $25,000 Settlement. A boy was struck at a crosswalk. He suffered right foot and fibula fractures, a left lung contusion, mediastinal emphysema, head abrasions and contusions, and back road rash. The boy’s parents alleged negligence against the at-fault driver. They claimed she failed to watch for pedestrians. This case settled for $25,000.
  • 2020, Montgomery County: $75,125 Verdict. A 40-something woman was struck while walking along an intersection in Bethesda. She was brought to the emergency room. The woman was diagnosed with soft-tissue spinal injuries, a concussion, and right-sided bruises. She initially came under a physical therapist and chiropractor’s care. The woman’s symptoms seemingly resolved within four months. However, her spinal pain returned four months later. The woman required chiropractic treatment and Botox. She also underwent neck surgery. The woman’s recovery plateaued. Her spinal pain remained. The woman alleged that the at-fault driver’s failure to yield to a pedestrian caused her injuries. She received a $75,125 jury verdict.
  • 2019, Baltimore City: $86,633 Verdict. A 70-something retiree was struck while walking along the intersection of Pratt and Commerce Street. She tore her left rotator cuff and biceps. The collision also aggravated the woman’s prior back injury. The woman was also diagnosed with unspecified hip and knee injuries. She took pain medications and underwent physical therapy. The woman also received an injection. She sustained permanent shoulder and spinal pain. The woman alleged that the at-fault driver’s failure to see her and unsafe left turn caused her injuries. She received $86,633.

You can also find elsewhere on our website pedestrian accident out-of-court settlements and jury verdicts in other jurisdictions

Our attorneys provide sample settlements both to victims and fellow plaintiffs pedestrian injury lawyers an opportunity to gauge the value of these cases and to demonstrate our experience in handling pedestrian crash claims.

But the utility of applying a few example case resolutions to your individual case is, of course, limited. The outcome of one case cannot accurately predict the result of another claim. Every case is going to be valued on a host of different factors that may or may not be included in these brief verdict summaries.

Example Miller & Zois Pedestrian Accident Lawsuit

The amount of insurance coverage is a big issue in these cases.  For example, the last pedestrian wrongful death case we settled a few years back resolved for $1,000,000. Why so little? That was all the insurance the Allstate driver had and he did not have assets that justified going after the driver individually. The harsh reality is that we have also settled pedestrian accident wrongful death cases for $30,000 because that was all the insurance that was available.

This brings up an important point about these cases. Sometimes, the best work personal injury lawyers can do in these cases is find insurance. Maryland law bends toward insurance and there are creative ways to involve insurance companies that are counterintuitive. So you need a lawyer with the background and experience to look under every rock imaginable to find more insurance.

Pedestrian Law in Maryland

Maryland’s rules of the road regarding pedestrians are outlined in Subtitle 5 of the Transportation Article in the Maryland Code. These rules, and the case law interpreting them, are the basis for determining fault in pedestrian accident cases.

(A) Pedestrians Defined

The Transportation Article defines “pedestrian” as “an individual afoot.” Md. Code Ann., Trans. § 11-145. There are 2 very simple elements to this definition: “traveling” and “on foot.” A pedestrian is any person: (a) “traveling” on or near a public roadway; and (b) “on foot” as opposed to in some type of “vehicle.” A person sitting stationary on the side of the road is not “traveling” and, therefore, would not be a pedestrian.

A traveler on the highway is also not considered a pedestrian if they are operating any type of “vehicle” as opposed to walking on foot. A “vehicle” is defined very broadly to include any device used for transportation (with or without a motor).

Specifically, the term “vehicle” has been held to include bicycles, skateboards, and even sleds. So a teenager riding a skateboard on the side of the road is operating a vehicle and not a “pedestrian.” Wooldrige v. Price, 184 Md. App. 451 (2009).

Pedestrians also include highway construction workers, police officers, first responders, and others who are “afoot” on the highway for work purposes rather than travel.

However, the courts have repeatedly held that police officers and road workers may not be subject to the same standard of care as an ordinary pedestrian. These “special status” pedestrians are not expected to exercise the same level of awareness when performing their duties. Braswell v. Burrus, 13 Md. App. 513 (1971).

In a 2019 case, the Maryland Court of Special appeals made it clear that a “pedestrian” can be anyone on foot even if they are not on the road but “near” the road. In Postma v. Lopez (Unreported 2019) the COSA held that an individual who was clearing snow on a driveway next to the road was a “pedestrian” under Maryland law.

Individuals riding bicycles on the roadways are not “afoot” so they are not considered “pedestrians.” Bicyclists are subject to the rules of the road that are applicable to vehicles. However, bicyclists are also subject to specific rules and restrictions.

Specifically, bicycles are required to stay on the far right side of the road and are not permitted on roads where the speed limit exceeds 50 mph. The rules for bicycles are set forth in Section 21, Title 12 of the Transportation Article.

(B) Pedestrians on Roadways

Pedestrians are always obligated to walk on a sidewalk or walkway on the side of the road whenever one is available. If a sidewalk is not available, pedestrians are supposed to walk on the left-hand side of the road (facing traffic) and as to the side as possible. Failure to follow these rules does not automatically constitute contributory negligence. See, e.g., Whitt v. Dynan, 20 Md. App. 148 (1974) (pedestrian walking on the right side with back to traffic when struck was held not to be contributorily negligent).

(C) Pedestrians Crossing the Road

When pedestrians are crossing a street or roadway, the critical focus under Maryland law is whether the pedestrian is in a crosswalk or not. If a pedestrian is crossing at a crosswalk, they will almost always have the right-of-way and the vehicle will be at fault. However, when a pedestrian crosses a road outside of a crosswalk, motor vehicles have the right-of-way under Maryland law and the pedestrian will usually be at fault.

(i) Crosswalks

A “crosswalk” under Maryland law can be marked or implied (unmarked). Marked crosswalks are clearly painted onto the street with white crossing lines. An implied or unmarked crosswalk will exist at any intersection of 2 or more roads where there are sidewalks. The key here is the presence of sidewalks. If there are sidewalks on the road there will be an implied crosswalk at all intersections. If no sidewalks exist there is no implied crosswalk. A “sidewalk” can be any walkway on the side of the road intended for pedestrian use whether paved or unpaved.

(ii) Outside of Crosswalks

Under Maryland law, when a pedestrian crosses a road outside of a marked or implied crosswalk, they will almost always be guilty of contributory negligence and barred from recovery. Even if the pedestrian claims that they did not see the vehicle approaching before they cross, the courts will usually reject “reject this testimony as unworthy of consideration.” See, e.g., Smith v. Warbasse, 71 Md. App. 625 (1987). Drivers who hit pedestrians outside of crosswalks will only be liabl
e if they are egregiously negligent or there are special circumstances. For instance, in Cohen v. Rubin, 55 Md. App. 83 (1983) the driver was intoxicated when he hit a 13-year-old after his passenger warned him to watch out.

(iii) Controlled Intersections

Slightly different rules apply to pedestrians crossing the street at a crosswalk when the intersection is a “controlled intersection.” A controlled intersection has a traffic light or crossing signals. When a pedestrian crosses at a crosswalk at a controlled intersection they do not automatically have the right-of-way as they do at crosswalks in other intersections. At a controlled intersection, pedestrians must follow specific crossing and right-of-way rules set forth in §§ 21-202 and 21-203 of the Transportation Article.

(D) Occupants of Disabled Vehicles

Recent case law has established that occupants of vehicles that become disabled or get in an accident will be considered pedestrians if they remain on the road or the side of the road while inspecting their vehicle.

In Wright v. Mohler, 2019 U.S. Dist. LEXIS 136980 (D. Md. 2020), a teenager who had been drinking disabled his car after running over a curb. He remained on the side of the car partially in the roadway looking at the damage and not looking out for oncoming traffic when he was struck by the defendant. The Court held that the plaintiff was a “pedestrian” under Maryland law and that he was contributorily negligent because as a pedestrian he had a duty to get out of the road and keep an eye out for oncoming traffic.

Pedestrian Accident Statistics

  • 2024: This year, our lawyers are seeing an increases in pedestrian fatalities and their are statistics bearing that out.  For just one example, in New York, by June 30, 61 pedestrians had been killed in street accidents, compared to 48 during the same period last year. (Transportation Alternatives).
  • 2022: 7,624 pedestrians were killed in 2024 in the United States (the most recent data available in 2024). This is a 77% percent increase from 2010 (GHSA).
  • 2022: The pedestrian fatality rate in Maryland was 2.8 per one billion vehicle miles per traveled. This is a 17% percent increase from 2019 (GHSA).
  • 47 percent of pedestrian fatality-related collisions involved alcohol. One-third of these collisions involved a pedestrian whose BAC was at least 0.08. 17 percent involved a motorist whose BAC was at least 0.08. About 137,000 pedestrians were hospitalized for non-fatal collision-related injuries (CDC).
  • On Average 70,000 pedestrian crashes occur in the United States (1.1% of all police-reported crashes) (NHTSA)
  • 7,624 fatal pedestrian crashes in the United States

Contact Us

If you have been injured in a serious pedestrian accident in Maryland, call us at 1.800.553.8082, or get a free consultation/case evaluation.

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