Pedestrians

      In Maryland and the District of Columbia , the law requires a pedestrian to use ordinary care in crossing a street. Crossing at a crosswalk is the optimum situation for a Plaintiff in order to proceed with a lawsuit arising out of damages incurred while being struck as a pedestrian. Both a driver of a motor vehicle and the pedestrian have an obligation to maintain a proper lookout for danger. Each must make reasonable observations about what is possible to be seen. There is case law that even allows a pedestrian to prevail if he or she is not crossing at a crosswalk but the case does become more difficult, although not impossible under certain circumstances.

Pedestrian at railroads

      The law requires a person trying to cross railroad tracks to stop, look and listen for an oncoming train. A reciprocal duty is imposed on the operator of the train to exercise reasonable care under the circumstances as well. In some jurisdictions such as Maryland , the duty to a pedestrian who is merely walking along railroad property may be less than if the pedestrian was just crossing the track to get from one place or another. An experienced personal injury attorney can help you determine if you are able to successfully pursue a claim against a railroad company or train operator.

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