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Over the course of the last decade, I've published in excess of 700 articles in the areas of personal injury, criminal defense, workers' compensation and insurance disputes, generally. If you can't find what you're looking for, feel free to contact me to discuss the details of your case and learn how I can help.

Can a Pedestrian Operating Operating Under A Disability Be At Fault for An Accident?

Baltimore personal injury lawyers sometimes argue cases involving the unfortunate meeting of car and pedestrian. As you might imagine, cars are undefeated in these contests. Some rules establish who is at fault. Special rules apply where the pedestrian is operating under a disability. It certainly comes as no surprise, and most people would surmise, that a driver must yield his or her right of way to: 

  • a visually impaired individual using a guide dog or walking with the assistance of a predominantly white cane.

Some additional rules also come into play.  A car loses the right of way to: 

  • a person in a wheelchair 
  • using crutches
  • or ​using a cane

Interestingly, the same statutory provision that provides these protections also punishes  "a person who is not blind or partially blind"  who uses or carries "a white cane, a cane that is white tipped with red, or a chrome, nickel, aluminum, or other reflecting or shining metal cane" when crossing a roadway. 

     -This Article was updated by Eric Kirk on 5/17/19.

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