Pedestrian Accident Claims in Maryland
When drivers in Maryland must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: Where no traffic signal is operating, a driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching from an adjacent lane on the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian; Md. Code, Transp. §§21-502, 21-503
| Pedestrian right-of-way | Where no traffic signal is operating, a driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching from an adjacent lane on the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian; violating these rules in a way that contributes to a crash can bring up to 2 months in jail or a $1,000 fine. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, may cross between adjacent signalized intersections only in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield. §21-503: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr§ion=21-503&enactments=false |
|---|---|
| Fault rule (comparative negligence) | Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly. |
| Minimum car insurance | Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage. PIP: https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?enactments=false&article=gin§ion=19-505 |
| Deadline to sue for an injury | Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period. |
More Maryland personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maryland
- Wrongful Death Lawsuits in Maryland
- Medical Malpractice Rules in Maryland
- Car Accident Claims in Maryland
- Dog Bite Liability in Maryland
- Motorcycle Accident Claims in Maryland
- Bicycle Accident Claims in Maryland
- Uber and Lyft Accident Claims in Maryland
- Truck Accident Claims in Maryland
- Construction Site Injuries in Maryland
- All Maryland personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in Maryland?
Where no traffic signal is operating, a driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the road or approaching from an adjacent lane on the other half, and may not pass a vehicle stopped at a crosswalk for a pedestrian; violating these rules in a way that contributes to a crash can bring up to 2 months in jail or a $1,000 fine. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, may cross between adjacent signalized intersections only in a marked crosswalk, and may not suddenly step into the path of a vehicle too close to yield.
Can you recover damages if you were partly at fault in Maryland?
Contributory negligence. Maryland is one of the few states that keeps the common-law rule: an injured person whose own negligence contributed to the injury generally cannot recover. Maryland's highest court declined to replace this rule with comparative negligence in 1983 and again in 2013, saying any change is for the General Assembly.
What is the minimum car insurance required in Maryland?
Personal injury protection (PIP) is part of required coverage unless waived. Required security must cover at least $30,000 per person and $60,000 per accident for bodily injury or death and $15,000 for property damage, plus PIP benefits of at least $2,500 (medical expenses, 85% of lost income and household services) unless the PIP coverage is waived, and required uninsured motorist coverage.
What is the statute of limitations for personal injury in Maryland?
Three years from the date the claim accrues. This is Maryland's general deadline for civil actions unless another law sets a different period.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.