Legal Question in Traffic Law in Maryland

Car vs. Pedestrian

My husband and I have a disagreement over this.

The situation: You're at an intersection with a red light. You want to turn right and there is no ''No right on red'' sign. A pedestrian waiting on your right wants to cross the street you are going to turn on to, as it is currently free of traffic. Who has the right of way? My husband argues that the pedestrian has a red light and you are legally able to turn right on red so you have the right of way. I argue that the pedestrian always has the right of way in a crosswalk, and so the pedestrian has the right of way.

Who is right? (And can you guess who is usually a pedestrian?)


Asked on 4/21/09, 2:40 pm

1 Answer from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: Car vs. Pedestrian

You should probably post this in the civil or tort practice section, but I believe that once the pedestrian is in the crosswalk, they have the right of way. However, if the driver was negligent and the pedestrian were were struck and a negligence suit were to be filed, a civil practice lawyer would probably say that the pedestrian would not win, because they were also negligent in crossing on a red light. Perhaps someone can correct me if this is inaccurate ...

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Answered on 4/21/09, 2:53 pm


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