Maryland Accident Law Blog
If someone close to you was killed while crossing a Maryland highway, you may be unsure whether you can bring a legal claim. When a pedestrian dies and no charges are filed, it might feel like the door to justice is closed. However, Maryland law allows families to pursue civil recovery even when the state does not prosecute. A recent pedestrian fatality on Route 210 highlights why early legal action matters and how road design, driver behavior, and state maintenance can influence the outcome.
Recently, a man was struck and killed while attempting to cross Route 210 near Route 225 in Bryans Road. Maryland State Police responded around 12:30 a.m. and closed the road for more than two hours to investigate. The driver involved stayed at the scene and cooperated, but no criminal charges were announced. This incident illustrates the legal challenges families face when no immediate fault is assigned.
Highway Crossings at Night Often Create Dangerous Conditions
When pedestrians cross highways with limited visibility, fast-moving traffic, and minimal infrastructure, they are exposed to extreme danger. Even though people may believe drivers cannot be blamed under those circumstances, Maryland law still requires motorists to act with caution. Speeding, distracted driving, or failure to react in time can all amount to negligence.
In a civil case, the court will examine whether the driver acted reasonably given the conditions. That includes factors such as lighting, sight distance, and time of day. If evidence shows that a reasonable driver would have avoided the collision, the family may be entitled to compensation through a wrongful death lawsuit.
What Is Maryland’s Contributory Negligence Rule?
Unlike many states, Maryland follows a contributory negligence doctrine. This rule means that if the pedestrian bears any fault for the crash, even a one percent share, the family could be barred from recovering damages. Insurance companies know this rule well and often argue that the pedestrian acted carelessly to avoid paying a settlement.
A knowledgeable attorney can push back against those tactics by investigating whether other parties share blame. For example, the roadway itself may be unsafe due to poor lighting, a lack of marked crossings, or a history of similar incidents. That type of evidence can help reduce the weight given to any pedestrian fault and keep the case alive.
Government Liability May Apply When Road Design Is Negligent
Route 210 has been the site of multiple fatal crashes in recent years. That history raises questions about whether the state or county has taken adequate steps to improve pedestrian safety. When a road lacks safe crossing points, warning signs, or functional lighting, public agencies may bear legal responsibility.
Filing a claim against a government entity in Maryland is not straightforward. There are deadlines as short as one year for sending a notice of claim, and additional documentation is required. However, a government’s duty to maintain reasonably safe roads includes areas where pedestrians frequently cross. An attorney can help determine whether design or maintenance issues contributed to the incident.
Building a Strong Case Requires Immediate Action
After a fatal pedestrian crash, evidence disappears quickly. Skid marks fade, traffic patterns change, and camera footage may be deleted within days. To protect your claim, your legal team should begin gathering records immediately. Police reports, witness statements, medical documents, and photos of the scene are all vital. In some cases, experts will be needed to reconstruct the crash and determine how it could have been prevented.
You also need to identify every source of compensation. That might include the driver’s insurance, uninsured motorist coverage, or a claim against a public entity. Wrongful death damages in Maryland can cover funeral costs, emotional loss, and the financial support the deceased would have provided.
Speak With a Maryland Wrongful Death Lawyer to Understand Your Rights
You do not have to accept silence or deflection after losing someone in a preventable crash. The legal system offers a path forward for families who want accountability and support. An experienced Maryland wrongful death attorney can explain your rights, investigate the facts, and build a case for meaningful compensation.
Call Lebowitz & Mzhen Personal Injury Lawyers at (800) 654-1949 to schedule a free consultation. We represent families across Maryland in serious injury and fatal accident cases, and we are here to help you understand your options and protect your future.