The Best Maryland Injury Lawyers Know Crosswalks: Do You?

Many Marylanders know that they are supposed to walk inside of a crosswalk when crossing an intersection. However, most do not know the potential consequences of failing to do so, and the many nuances in Maryland's laws, like the effect of contributory negligence on pedestrians and crosswalks. In fact, injury attorneys in Maryland are confronted with the harsh consequences of crosswalk accident cases every day. This piece addresses some tips on how to avoid being on the wrong side of Maryland's crosswalk laws.

In Maryland, a crosswalk exists where a sidewalk ends at the street. Therefore, there are two types of crosswalks. The first is a "marked crosswalk." The second, and less commonly known, is an "unmarked crosswalk." An unmarked crosswalk is defined under Maryland Law as: "that part of a roadway that is within the [continuation] or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any kind meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway." In other words, there does not have to be a marked path or a sidewalk on both sides of the street for a crosswalk to exist. If a sidewalk approaches a street and ends, even if there is no sidewalk on the opposite side of the street, an unmarked crosswalk exists where the sidewalk would have extended into the street. Therefore, in unmarked areas as these automobile accident victims have the right-of-way.

Pedestrians should also know that they may not cross an intersection diagonally, unless there is a crossing device that not only permits a pedestrian to cross the intersection diagonally but also signals the pedestrian to do so. Furthermore, a pedestrian is required by law to walk on the right half of a crosswalk. In the case of jay-walking pedestrians, Maryland places a high duty of care on the pedestrian. This means that a pedestrian who crosses a street without using a crosswalk has the responsibility of making sure that no car hits them. This is important because many people believe that the operators of vehicles have the responsibility not to hit pedestrians. Yet, it is pedestrians who have the responsibility of not being struck by a vehicle when crossing at a location other than a crosswalk. Therefore, pedestrian accidents that occur outside of a crosswalk often lead to no personal injury recovery for such automobile accident victims.

Maryland is one of the few states that requires its personal injury attorneys to confront the rule of contributory negligence. Under Maryland Contributory Negligence law, if a person injured by another is negligent leading up to the automobile accident that caused them harm, that person is completely prevented from recovering against the party that injured them in the collision. In the case of a pedestrian hit by a motor vehicle, this means that if a pedestrian fails to follow the proper rules of the road regarding pedestrian street-crossing, a pedestrian can be out of luck when he or she looks to the Maryland courts for justice in their personal injury claim.

Because of contributory negligence laws in Maryland, even the best and most experienced Maryland personal injury lawyers can do little to help a victim recover in an automobile accident case if he or she was negligent in crossing a street. Therefore, it is important to know that when crossing a street pedestrians should make sure to walk within crosswalks and obey traffic signals. By doing this, the right-of-way is on your side when you need an experienced Maryland Injury Attorney to fight for you.

If you or a family member has been injured or killed in an automobile accident, truck, bus or motorcycle accident, pedestrian accident, and would like a free legal consultation or if you would like more information on car accidents or personal injury, please feel free to contact our office or visit us on the web at www.portnerandshureaccidentlawyers.com.

 

Why Jurors or the Insurance Company Should Give You Damages in Your Personal Injury Case

Everyone who is hurt in an accident believes they are entitled to recover. Recoveries vary greatly from one jury to another, as well as from one insurance adjuster to another. Some attorneys believe that's just the way the system operates, by chance. Not true, a true understanding of what motivates people to give money in accident cases makes all the difference in the world.

First, the adjuster or juror must be persuaded that the money will help. For example, it will go to medical expenses, future care, or lost wages. That's the easy one. Second, and more difficult, is convincing the adjuster or juror that they need to make up for the harm that was caused by the accident. To do this effectively the lawyer must understand what will emotionally move the person paying the money based on the facts presented. For example, was the defendant not acting responsibly, and worse did the defendant take actions to evade responsibility. If so, the argument for more compensation gets easier. Additionally, was the defendant dishonest, not sorry, callus, or hostile? All of the above are motivating factors to increase your recovery. To explore these motivating factors look closely at the defendants overall conduct immediately after the accident, during the deposition or even at trial.

Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.

Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.

If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.

Jurors and adjusters are regular people. They get angry when people don't stand up and accept responsibility. The get angrier when that same person avoids responsibility at someone elses expense. For example, first, the defendant, fails to accept responsibility by following the proper rules of the road, then because he was in a rush ran the red light. Worse, the defendant further tries to avoid responsibility by never admitting any wrong doing.

Your own likability matters. Attorneys often forget that the value of the case is often judged by how the injured person comes across. It is basic human nature, if the injured person is more likable the recovery is often greater. Hence, why you are trying to find motivational reasons for not liking the defendant, you must not forget that it is important to come across as a good person. Pay careful attention to how you dress or act when meeting an adjuster, or going before a jury.

If you or a relative of yours has been injured in an accident, please contact Portner & Shure for more information.