Bowie, MD asked in Car Accidents for Maryland

Q: if pedestrian is already in unmarked crosswalk, does driver have to yield right of way (maryland)

while at a side street intersection, a pedestrian starts to cross the street (no crosswalk designated) when a car approaches from the rear and starts to turn onto the side street while pedestrian is still in intersection. who has right of way?

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2 Lawyer Answers

Lee Eidelberg

  • Personal Injury Lawyer
  • Towson, MD
  • Licensed in Maryland

A: Whether or not the crosswalk is "marked," a pedestrian crossing the street at a crosswalk has the right of way.

The preference the pedestrian enjoys, however, is not unlimited and does not relieve the pedestrian of the duty to use reasonable care to avoid injury. The analysis concerns whether the pedestrian described in your scenario (rather than merely the question you posed) is actually in what the law defines as a crosswalk. An unmarked crosswalk is defined as "that part of a roadway that is within the prolongation or connection of the lateral lines of "sidewalks" at any place where two or more roadways meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." Section 21-101(f) of the Transportation Article.

1 user found this answer helpful

Peter N. Munsing

  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: As a pedestrian some of your medical costs may be covered by the medical on your car insurance.

What Mr. Eidelberg said is correct. Having the right of way though doesn't mean you can step forward without looking actively--which means if you walk, eyes on phone, earphones on, hoodie over face, a court may find that you were "contributorily careless"

Get your injures seen to, particularly knee injuries as I've had clients with tendon, ligament, and patellar damage from the impact as the bumper of the car is about knee height

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