Monday, May 9, 2011

91 -Year-Old Anne Arundel County Man Killed in Scooter Crash

Baltimore and the surrounding area seems to have no regard for crosswalks. Maybe the color needs to be changed from white to bright red. Recently the Baltimore Metropolitan Area has suffered a rash of pedestrian, bicyclists and motorcyclists accidents. Three students have been injured at or near the Johns Hopkins campus, most notably a bicyclists who probably will never regain the majority of his cognitive functions. The family of that young man has filed a $10 million lawsuit. The biker was in a bike lane. It is unclear whether the two students struck this weekend were in a crosswalk. What is clear is that the man killed in Brooklyn Park last week was within a clearly marked crosswalk.

If a pedestrian suffers injuries or is killed because they are struck by a vehicle, their recovery for resulting injuries may depend on whether they were crossing in a crosswalk, especially if a crosswalk exists at the scene of the accident. Maryland law regarding pedestrians requires that a person crossing where there is a clearly marked crosswalk must cross within that crosswalk. If the pedestrian fails to do so, their claim may be unsuccessful because of contributory negligence, which is a common defense to tort claims in Maryland.

This elderly man, who was riding a mobility scooter, crossed completely within the crosswalk. Through no fault of his own, the man was struck by a Toyota Tundra and was pronounced dead after being taken to Maryland Shock Trauma. As a result of his death, the deceased man's family may have a wrongful death lawsuit against the driver.

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