Pedestrian Accidents in Baltimore: How to File a Claim and Protect Your Rights
Pedestrian accidents have become an increasingly concerning issue in Baltimore. In Maryland, pedestrian fatalities rose by 18% in 2023, compared to a 5% decline nationwide. Baltimore County saw the state’s largest increase in pedestrian deaths, which jumped from 16 to 29 in a single year. With pedestrian safety initiatives still being implemented, Baltimore residents must understand their legal rights and the steps to take if they’re involved in a pedestrian accident.
This guide offers a step-by-step overview to help victims of pedestrian accidents navigate the claims process and protect their rights for fair compensation.
Understanding Your Rights as a Pedestrian in Baltimore
Maryland law protects pedestrians by requiring drivers to yield at crosswalks and intersections. If you’re struck by a car while crossing legally, you have the right to seek compensation for injuries, lost wages, medical expenses, and pain and suffering, provided you can prove the driver was at fault. The law requires drivers to exercise caution, but it also places certain responsibilities on pedestrians to ensure safe road use.
Common Pedestrian Violations in Maryland
First, let’s take a look at your requirements as a pedestrian. Maryland has several statutes aimed at regulating pedestrian behavior. Violations of these laws can impact your claim:
• Failure to Obey Red Traffic Signal (21-202(l)): Pedestrians facing a red signal may not enter the roadway.
• Failure to Obey Pedestrian Control Signal (21-203(c)): Pedestrians must follow “Don’t Walk” or “upraised hand” signals.
• Failure to Yield to Vehicles (21-503(a)): Pedestrians must yield the right-of-way when crossing outside of marked or unmarked crosswalks.
• Crossing at Signalized Intersections (21-503(c)): Pedestrians must cross only in marked crosswalks at signalized intersections.
• Diagonal Crossing (21-503(d)): Pedestrians may not cross an intersection diagonally unless permitted.
• Unlawful Walking on Roadway (21-506(a,b)): If a sidewalk is available, pedestrians must use it. If not, they must walk on the left side, facing traffic.
Violating these statutes may lead to fines between $40 and $500 and can affect your ability to file a claim if you are found to have contributed to the accident.
Steps to Take After a Pedestrian Accident
If you are a pedestrian injured in an accident, taking immediate action is essential. Here are the steps to follow to build a strong case for your claim:
- Seek Medical Attention
Your health and safety come first. Even if your injuries seem minor, seek medical help immediately to ensure that any potential injuries are documented. Medical records will play a crucial role in proving the extent of your injuries and in calculating fair compensation. - Report the Accident to the Police
Contact the police and file a report. The police report will document details of the accident, witness statements, and other vital information that can strengthen your claim. - Gather Information at the Scene
Obtain the driver’s contact details, insurance information, and vehicle registration. If possible, take photos of the accident scene, including your injuries, traffic signals, crosswalks, and any skid marks, to provide evidence for your claim. - Consult a Personal Injury Lawyer
Pedestrian accident cases can be complex, especially with Maryland’s strict contributory negligence laws. A qualified personal injury lawyer can help you assess your claim and guide you through the legal process to protect your rights.
Filing a Pedestrian Accident Claim in Baltimore
To file a pedestrian accident claim, you’ll need to establish that the driver was negligent. Common examples of driver negligence include distracted driving, speeding, failing to yield, or disregarding traffic signals. Maryland law requires that you file a lawsuit within three years from the accident date.
Elements of a Successful Claim
For a successful claim, you must prove that:
• The driver owed you a duty of care.
• The driver breached that duty (for example, by not yielding).
• The breach directly caused your injuries.
• You suffered actual damages (medical bills, lost wages, etc.).
If you prove these elements, you may receive compensation for medical expenses, lost income, pain, suffering, and loss of companionship.
Can a Jaywalking Pedestrian File a Claim for Damages in Maryland?
Maryland follows a strict contributory negligence rule, which bars a pedestrian from recovering any damages if they are found even slightly at fault for the accident. This is particularly important for cases involving jaywalking or crossing outside of a crosswalk. If you were jaywalking when struck, the driver may argue that your actions contributed to the accident, making it difficult to win a claim.
While the contributory negligence law makes filing a claim challenging, especially if you are partially at fault, knowing your rights, taking prompt action, and gathering solid evidence can help you pursue a successful claim. It’s essential to consult a lawyer if you were hit while jaywalking, as they can evaluate your case and advise on your options.
Protect Your Rights as a Pedestrian
Pedestrian accidents can leave victims with serious injuries and costly medical bills. Understanding your rights and responsibilities is essential to protect yourself on the road and, if necessary, to seek compensation in the unfortunate event of an accident. If you are injured in an accident as a pedestrian in Baltimore, an experienced attorney can help you determine the best course of action. Contact the Law Offices of Nicholas Parr in Baltimore, MD today to schedule your free consultation. We don’t receive a fee unless we win.
