Yes—but that answer is incomplete, and relying on it alone can cost you your case. In Maryland, a pedestrian in a crosswalk is often given the right of way. However, both the driver and the pedestrian owe duties of ordinary care. In a Baltimore pedestrian accident case, the real issue is not just who had the right of way—it is whether the insurance company can argue that the pedestrian did anything, even slightly, to contribute to the collision.

Main risk: Maryland follows contributory negligence. If the pedestrian is found even 1% at fault, recovery may be barred.

Insurance tactic: Focus less on the driver’s violation and more on the pedestrian’s conduct—timing, attention, movement, and positioning.

Next issue: Whether the pedestrian was “lawfully” in the crosswalk and whether their conduct can be framed as contributing to the incident.

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Yes. The drivers of motor vehicles on Baltimore roadways have a duty to use ordinary care to prevent car accidents and injury to others, and those crossing Maryland streets owe a duty to use ordinary care for their own safety. Crosswalks have some associated special rules. A crosswalk may be marked or “unmarked” [i.e. within the prolongation or connection of the lateral lines of the sidewalks].

If there is no traffic signal, a driver of a motor vehicle must stop if a pedestrian is in a crosswalk on the half of the roadway where the vehicle is traveling, or, if they are approaching from an adjacent lane on the other half of the roadway. As attorney Eric T. Kirk will tell you, if a traffic control signal that does not contain special ‘walk’ or ‘don’t walk’ commands is operating, then, a driver faced with a circular solid green must yield to anyone lawfully inside any crosswalk when going straight, right or left.

When Does a Pedestrian Actually Have the Right of Way?

A pedestrian generally has the right of way when they are lawfully within a crosswalk.

If a traffic control signal that does contain special ‘walk’ or ‘don’t walk’ commands is operating, then a pedestrian facing a “walk” signal is to be given the right of way by any driver. Pedestrians are permitted to assume that drivers will obey the law—but that assumption does not eliminate the pedestrian’s obligation to use reasonable care.

What Does “Lawfully in the Crosswalk” Really Mean?

This is where most cases are won or lost.

A pedestrian is typically considered lawfully in the crosswalk when they begin crossing under a proper signal or at a time when crossing is permitted. That includes situations where the pedestrian begins crossing on a green light (other than a turn arrow) or during a walk phase.

Baltimore PI Lawyer Tip

A pedestrian in this circumstance is likely “lawfully” in the crosswalk when they begin their crossing facing any green signal other than a turn arrow.

Can You Still Lose Your Case Even If You Had the Right of Way?

Yes. This is the central risk in Maryland pedestrian cases.

Maryland applies contributory negligence. That means the insurance company does not need to prove the pedestrian was mostly at fault. It only needs to argue that the pedestrian contributed in some small way.

Common arguments include:

• Failure to keep a proper lookout
• Stepping into the roadway too quickly
• Distraction (phone use, headphones)
• Misjudging traffic speed or distance
• Crossing outside a marked crosswalk when one was nearby

Baltimore PI Lawyer Tip

A pedestrian must always use due care for their own safety and cannot blindly enter traffic—even with the right of way.

What Happens If You Are Outside a Crosswalk?

Drivers often have the right of way—but that does not automatically make the pedestrian negligent.

It is generally stated that the motorist has the right of way between crosswalks, but that does not mean that a pedestrian crossing outside of a crosswalk is necessarily negligent as a matter of law.

Each case turns on timing, visibility, movement, and the conduct of both parties.

How Insurance Companies Defend These Cases

The defense strategy is predictable and aggressive.

The insurance company will attempt to reframe the case away from the driver’s conduct and toward the pedestrian’s behavior. Even where the driver violated a rule, the defense may still argue that the pedestrian created the situation.

How to Beat The Insurance Company Defenses at Trial:
Car-pedestrian cases often turn on right-of-way rules, visibility, and timing.

1. Contributory negligenceAny contributing conduct may be used to attempt to bar recovery.
2. Signal compliance disputesExpect arguments about who had the right of way at the exact moment of crossing.
3. Visibility issuesLighting, clothing, and surroundings are often used to challenge perception.
4. Speed and reaction timeDefense experts frequently argue the collision was unavoidable.
5. Distraction argumentsPhone use and attentiveness are common focal points.

Key Takeaway for Baltimore Pedestrian Cases

Right of way is not the finish line—it is the starting point.

The real issue is whether the insurance company can construct a contributory negligence argument. That is where these cases are typically decided.

Do pedestrians always have the right of way in Maryland?

No. Pedestrians often have the right of way in crosswalks, but they still must use reasonable care. A failure to do so can affect a claim.

Can a pedestrian lose a case even if they were in a crosswalk?

Yes. Under Maryland contributory negligence, even minor fault by the pedestrian can bar recovery.

What is the biggest risk in a pedestrian accident claim?

The biggest risk is the insurance company arguing that the pedestrian contributed to the accident in some way.

Does it matter whether the crosswalk was marked?

Not necessarily. Maryland recognizes both marked and unmarked crosswalks, depending on roadway layout.

Can crossing outside a crosswalk automatically defeat a claim?

No. It may create risk, but it does not automatically make the pedestrian negligent as a matter of law.

If you’ve been injured, I’d be honored to personally meet with you to go through the specifics of your claim. This initial legal analysis and case opinion is a complimentary service I offer to my prospective clients.

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