Maryland Accident Law Blog
In Anne Arundel County’s Maryland City, a white pickup truck hit a pedestrian at the corner of Brock Ridge Road and Route 198 on the night of Monday, October 30 and fled the scene soon after. The victim was taken to The University of Maryland R. Adams Cowley Shock Trauma Center in Baltimore.
According to a USA Today analysis, the number of pedestrians killed in hit-and-run accidents since 2005 is now 20% greater.
The National Highway Traffic Safety Administration says that in 2005, 974 out of 4881 pedestrians who were killed died in hit-and-run accidents.
A hit-and-run accident is one of the most challenging crimes to resolve because so often there are no witnesses. Often, the driver doesn’t intend to hit the pedestrian or other vehicle, yet he or she commits a crime just by driving off and leaving the scene of the accident.
Hit-and-Run Laws in Maryland:
20-102. Driver to remain at scene – Accidents resulting in bodily injury or death.
(a) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall stop the vehicle as close as possible to the scene of the accident, without obstructing traffic more than necessary.
(b) The driver of each vehicle involved in an accident that results in bodily injury to or death of another person immediately shall return to and remain at the scene of the accident until the driver has complied with § 20-104 of this title.
[An. Code 1957, art. 661/2, § 10-102; 1977, ch. 14, § 2; 1986, ch. 472, § 1; 1988, ch. 6, § 1; 1991, ch. 346, § 1; 1998, ch. 781; 2001, ch. 483; 2002, chs. 461, 462.]
§ 27-113. Violation of § 20-102 of this article.
(a) Serious bodily injury defined. In this section, “serious bodily injury” means an injury that:
(1) Creates a substantial risk of death;
(2) Causes serious permanent or serious protracted disfigurement;
(3) Causes serious permanent or serious protracted loss of the function of any body part, organ, or mental faculty; or
(4) Causes serious permanent or serious protracted impairment of the function of any bodily member or organ.
(b) Penalty for serious bodily injury. A person who violates § 20-102 of this article (“Driver to remain at scene – Accident resulting in bodily injury or death”) and who knew or reasonably should have known that the accident might result in serious bodily injury to another person and serious bodily injury actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 5 years or a fine of not more than $5,000 or both.
(c) Penalty for death. A person who violates § 20-102 of this article (“Driver to remain at scene – Accident resulting in bodily injury or death”) and who knew or reasonably should have known that the accident might result in the death of another person and death actually occurred to another person, is guilty of a felony and, upon conviction, is subject to imprisonment for not more than 10 years or a fine of not more than $10,000 or both.
[2002, chs. 461, 462.]
§ 5-106. Prosecution for misdemeanors; manslaughter by automobile, motorboat, etc.; homicide by motor vehicle.
(p) Manslaughter by automobile, motorboat, etc.; homicide by motor vehicle; stopping at scene of accident. A prosecution for an offense under Title 2, Subtitle 5 or § 2-209 of the Criminal Law Article or § 20-102 of the Transportation Article shall be instituted within 3 years after the offense was committed.
According to the Insurance Institute for Highway Safety:
· Pedestrians comprise the second largest category of motor vehicle crash deaths after vehicle occupants, accounting for 11 percent of fatalities. The rates of pedestrian deaths in motor vehicle crashes per 100,000 people also are higher for older people.
· Pedestrian deaths occur primarily in urban areas. Many pedestrians are killed on crosswalks, sidewalks, median strips, and traffic islands.
· Vehicle factors count, too, because the most serious injuries often result from pedestrians being thrown onto the hoods, windshields, or tops of vehicles. Serious head, pelvis, and leg injuries are common, and the severity of such injuries could be mitigated by improving vehicle designs and materials.
The personal injury law firm of Lebowitz and Mzhen handles injury cases that are a result of hit-and-run incidents and other motor vehicle-related accidents. Contact Lebowitz and Mzhen for a free consultation.
Pickup Truck Hits Pedestrian, October 31, 2006
Hit-and-Run Deaths See 20 Percent Increase, USA Today.com, October 17, 2006
Hit-and-Run Laws in Maryland, Deadlyroad.com
Fatality Facts 2005 – Pedestrians, Insurance Institute for Highway Safety
Related Web Resources:
Pedestrian Safety, U.S. Department of Transportation, Federal Highway Administration
Pedestrians Educating Drivers On Safety