Maryland Pedestrian Accident Lawyers

Which pedestrian injuries do we handle in Maryland?

We handle claims for people hit in marked and unmarked crosswalks, by drivers turning on a green light or a right on red, by vehicles backing out of driveways and parking spaces, and by drivers who leave the scene. We also represent families after a pedestrian is killed, and people hit while getting on or off a bus or walking to a Metro station.

Pedestrian injuries are rarely minor. Leg and pelvic fractures, head injuries, and spinal injuries are common, and recovery can take a year or more. That makes the size of every available insurance policy, and the strength of the liability case, the central questions from the first week.

Does a Maryland driver have to stop for a pedestrian in a crosswalk?

Yes. Where no traffic signal is operating, a Maryland driver must come to a stop when a pedestrian crossing in a crosswalk is on the driver's half of the roadway or is approaching from an adjacent lane on the other half (Md. Code, Transp. § 21-502(a)). When a car has stopped at a crosswalk to let someone cross, drivers approaching from behind may not pass it (§ 21-502(c)), which is the rule broken in many multi-lane crosswalk crashes.

At signals, a pedestrian facing a "walk" or walking-person signal may cross and "shall be given the right-of-way by the driver of any vehicle" (Md. Code, Transp. § 21-203(b)). Drivers turning on a green light, a green arrow, or a right on red must yield to pedestrians lawfully in the crosswalk (Md. Code, Transp. § 21-202(c), (e), (k)).

Above all of these sits a general duty: every driver must exercise due care to avoid colliding with any pedestrian, must sound the horn when necessary to warn one, and must take proper precautions on seeing a child or an obviously confused or incapacitated person (Md. Code, Transp. § 21-504). That duty applies "notwithstanding any other provision" of the traffic code, so it reaches crashes outside crosswalks too.

What rules do pedestrians have to follow in Maryland?

A Maryland pedestrian who crosses outside a marked crosswalk or an unmarked crosswalk at an intersection must yield the right-of-way to approaching vehicles (Md. Code, Transp. § 21-503(a)). Between adjacent intersections that both have working signals, pedestrians may cross only in a marked crosswalk (§ 21-503(c)), and no one may step suddenly from a curb into the path of a car too close to stop (§ 21-502(b)).

Those rules are the insurer's playbook. A pedestrian who crossed mid-block or started across on a flashing hand will be told the claim is barred. But yielding the right-of-way is not the end of the analysis: the driver's separate duty of due care under § 21-504 still applies, and where the driver had time to see you and stop, the case may be won on that duty or on last clear chance.

One definitional point matters more than people expect. A person riding a skateboard is not a pedestrian under Maryland's traffic code, because a pedestrian is an individual on foot and a skateboard counts as a vehicle (Wooldridge v. Price, 184 Md. App. 451 (2009)). Scooter and bicycle crashes are analyzed under vehicle rules; see our page on bicycle and scooter accidents.

Can a pedestrian recover in Maryland if they were partly at fault?

Generally not. Maryland's contributory negligence rule bars recovery by any injured person whose own negligence contributed to the injury, and it applies to pedestrians with full force (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). The District of Columbia protects pedestrians from that harsh result by statute; Maryland does not.

Two doctrines push back. First, the Supreme Court of Maryland has recognized that a child under five cannot be contributorily negligent (Coleman, 432 Md. at 688, citing Taylor v. Armiger). Second, last clear chance lets a negligent plaintiff recover when the evidence shows "something new or sequential, which affords the defendant a fresh opportunity" to avoid the harm (Wooldridge, 184 Md. App. at 462, quoting earlier Maryland decisions). A driver who saw a pedestrian already stranded in the road, with time to brake or swerve, is the classic example.

Last clear chance fails when the negligence of both people happens at the same instant, as in Wooldridge, where the impact came almost immediately after the rider entered the street. So we focus on timing: sight lines, the driver's speed, how far the pedestrian had already traveled, and signal phase data. Our guide chapter on contributory negligence explains these rules in more detail.

Does Maryland PIP cover a pedestrian hit by a car?

Yes. A Maryland auto policy's PIP coverage extends to a person injured as a pedestrian in an accident involving the insured vehicle (Md. Code, Ins. § 19-505(a)(3)(i)), and the insurer of the vehicle that struck you pays those benefits first (Md. Code, Ins. § 19-513(c)). If that vehicle had no PIP in effect, your own household policy can pay instead (§ 19-513(d)).

PIP pays regardless of fault, so it is available even while the driver's insurer blames you. The minimum is $2,500 for medical expenses and 85% of lost income, but PIP benefits cannot be collected on a duplicative basis from more than one policy (§ 19-513(b)). One exclusion to watch: a policy may exclude a nonresident of Maryland injured as a pedestrian outside the State (§ 19-505(c)(1)(i)).

How do insurers defend pedestrian claims, and how do we prove them?

"You were outside the crosswalk." We pin down where the impact actually happened. Debris, photographs, and video often place a pedestrian inside an unmarked crosswalk that the police report never mentions.
"You walked against the signal." Signal timing records and nearby video show which phase was showing, and for how long. A pedestrian who started on "walk" is directed to keep going to the sidewalk or a safety island when the signal changes (§ 21-203(e)).
"The driver could not see you." Darkness and glare cut both ways: they are reasons for a driver to slow down, and the due-care duty in § 21-504 does not disappear at night.
"You were on your phone." We request the driver's phone records when distraction is plausible, and we confront speculation about the pedestrian with actual evidence.

What if a county road, crosswalk, or bus was involved?

When a county bus such as Montgomery County's Ride On or Prince George's County's TheBus strikes a pedestrian, or when a county-maintained signal or sidewalk is part of the cause, Maryland's Local Government Tort Claims Act generally requires written notice within one year of the injury (Md. Code, Cts. & Jud. Proc. § 5-304). Metrobus and Metrorail claims involve WMATA, which follows different rules; see our page on WMATA and Metro injuries.

Damages and deadlines for Maryland pedestrian claims

In Maryland, a pedestrian generally has three years from the date of the crash to file suit (Md. Code, Cts. & Jud. Proc. § 5-101). Medical expenses and lost earnings are recoverable without a statutory ceiling, while noneconomic damages are capped at $980,000 for causes of action arising from October 1, 2026 to September 30, 2027 (Md. Code, Cts. & Jud. Proc. § 11-108).

The cap is rarely the practical limit in a pedestrian case. Insurance is. A driver carrying Maryland's minimum $30,000 policy cannot cover a serious leg or head injury, which is why we check the pedestrian's own household policy for uninsured/underinsured motorist coverage early. Our page on Maryland UM/UIM claims explains how that coverage works.

Evidence checklist after a Maryland pedestrian crash

The exact impact point, photographed with landmarks (curb ramps, crosswalk paint, signal poles)
Names of everyone who stopped, including bus drivers and passengers
Storefront, apartment, and doorbell cameras facing the crossing
The signal phase you were walking on, and how far you had crossed
Your clothing and shoes, kept unwashed in a bag
The driver's insurer and policy number from the police report exchange
Your household's auto policies, including policies of relatives you live with
Ambulance, emergency department, surgical, and therapy records

Our guide chapter on gathering evidence while it still exists explains why video and other evidence should be requested quickly.

Who handles Maryland pedestrian cases at our firm?

Founding partners Ryan Posey and Jacob Lebowitz are admitted in Maryland and handle pedestrian cases in the Circuit Courts for Montgomery County (Rockville) and Prince George's County (Upper Marlboro). See how we work in Montgomery County and Prince George's County, read our Maryland personal injury overview, or compare D.C. and Virginia on our main pedestrian and crosswalk injuries page.

Frequently asked questions

Do drivers have to stop for pedestrians in crosswalks in Maryland?

Yes. Where no traffic signal is operating, a Maryland driver must stop for a pedestrian crossing in a crosswalk who is on the driver's half of the roadway or approaching from an adjacent lane on the other half (Md. Code, Transp. § 21-502(a)). Drivers also may not pass a vehicle that has stopped at a crosswalk to let someone cross. At signals, a pedestrian with a walk signal has the right-of-way under § 21-203(b).

Can I still recover if I was hit while jaywalking in Maryland?

It is harder, but not always impossible. A pedestrian crossing outside a crosswalk must yield to approaching vehicles (Md. Code, Transp. § 21-503), and Maryland's contributory negligence rule can bar a pedestrian who was partly at fault. Every driver still owes a duty of due care to avoid pedestrians under § 21-504, and the last clear chance doctrine can apply when the driver had a fresh opportunity to avoid hitting you. The timing evidence decides those cases.

Who pays my medical bills after I am hit by a car while walking in Maryland?

Usually the PIP coverage on the vehicle that hit you pays first, regardless of fault (Md. Code, Ins. §§ 19-505(a)(3) and 19-513(c)). If that vehicle had no PIP in effect, PIP on your own household auto policy can pay. Health insurance and the at-fault driver's liability coverage come into play after that.

How long do I have to file a pedestrian accident lawsuit in Maryland?

Generally three years from the date of the crash (Md. Code, Cts. & Jud. Proc. § 5-101). If a county bus or county property was involved, written notice to the local government is generally required within one year of the injury under § 5-304. Claims against the State have their own one-year written claim requirement.

Is a child hit by a car in Maryland held to the contributory negligence rule?

Not if the child is under five. The Supreme Court of Maryland has recognized an exception to contributory negligence for children under five years old (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). Drivers also have a statutory duty to take proper precautions when they see a child near the road (Md. Code, Transp. § 21-504(c)).

What if the driver who hit me left the scene?

Report it to police right away and preserve any video. Your own uninsured motorist coverage, including coverage on a household relative's policy, may pay for an unidentified hit-and-run driver. If no UM coverage is available, a claim may be possible against the Maryland Automobile Insurance Fund, but notice generally must be filed within 180 days after the accident (Md. Code, Ins. § 20-603).

Talk to a Maryland injury lawyer today

A pedestrian case in Maryland can be lost on a single disputed step, and the video that settles it is often overwritten within weeks. If a county bus or county road was involved, written notice is generally due within one year.

Posey Lebowitz PLLC · 3221 M Street NW, Washington, DC 20007

Call (202) 524-0123 or request a free consultation. No fee unless we win your injury case.

Our office is in Georgetown, at 3221 M Street NW in Washington, D.C. We meet clients by phone or video, at their home or in the hospital when that is easier, and we appear in Maryland and Virginia courts.

More than $32 million recovered.

Plus more than $22 million in other assets.

Across more than 250 matters, in the District of Columbia, Maryland, and Virginia.

See the results →

These case results are examples of matters handled by Posey Lebowitz PLLC. The outcome of any case depends on the specific facts and legal circumstances of that case. These results do not guarantee or predict a similar result in any future matter. Amounts shown are gross recoveries before attorney's fees, case expenses, and medical liens. Asset values are stated as of 2026 and will change.

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.

Maryland Pedestrian Injury Claims