Pedestrian crashes are among the deadliest incidents on Maryland roads, and they raise difficult legal questions when they occur on highways. While many drivers expect to see pedestrians in neighborhoods or crosswalks, people on foot are struck on interstates far more often than the public realizes. These cases are legally sensitive, especially when the events leading up to the collision are unusual or involve fleeing a disabled vehicle.
A recent fatal accident in Prince George’s County underscores the risks. According to Maryland State Police, a man was struck and killed on I-495 after fleeing a parked vehicle and attempting to cross the inner loop on foot near College Park. The crash occurred shortly after 3 a.m. and involved a Toyota sedan. Authorities are still working to identify the pedestrian and determine why he exited the vehicle. Charges may be pending, and the investigation remains ongoing.
Highway Pedestrian Crashes Raise Unique Legal Questions
In most pedestrian crash cases, liability depends on where the person was located and what actions were taken by both the driver and the pedestrian before impact. Highways, however, are not designed for pedestrian access. That fact does not automatically eliminate legal responsibility, but it does change how the facts are reviewed.
Drivers still have a duty to remain alert and to respond appropriately when a person is visible on or near the roadway. If a pedestrian tried to avoid another hazard or had just escaped a disabled vehicle, courts may examine whether the driver had time to prevent the crash. That review may include speed, lighting conditions, and whether the car remained in its lane.
Hit-and-Run or Partial Flight From the Scene Can Complicate Claims
While early reports do not suggest the driver of the Toyota fled, pedestrian fatalities that involve hit-and-run behavior introduce additional legal obstacles. When a driver leaves the scene, it becomes harder to determine vehicle speed, impairment, or possible distractions. Families left behind are often forced to pursue claims through uninsured motorist coverage or wait for law enforcement to identify the vehicle involved.
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Even in cases where the at-fault party remains at the scene, the pedestrian’s fleeing behavior may be used by insurance carriers to argue against full compensation. These cases require careful legal analysis. Was the pedestrian disoriented? Was there an emergency that made remaining in the car unsafe? These factors often affect liability and the outcome of any wrongful death claim.
Wrongful Death Claims Are Still Possible in Highway Incidents
In Maryland, families may file a wrongful death lawsuit when another’s negligent or reckless actions kill someone. This can include pedestrian fatalities, even when the circumstances seem unusual. A person who exits a vehicle may still be lawfully present in the roadway under certain conditions, especially if the car was disabled or there was a sudden emergency.
If it is determined that the driver had enough time to slow down, or if the pedestrian was visible in the lane, civil liability may still attach. Investigators often work with crash reconstruction specialists to determine what each party could see and how much time they had to react.
Why You Should Not Wait to Seek Legal Help After a Fatal Crash
Early evidence collection is essential in pedestrian cases involving highway fatalities. Surveillance footage, accident scene photos, and black box vehicle data can help build a stronger claim. Witness statements, phone records, and the position of the vehicles can also make a difference. An experienced attorney can help secure this information before it is lost or overwritten.
Even if charges are never filed against the driver, you may still have the right to seek compensation. Insurance companies do not always tell families that, and they may try to place the lame entirely on the pedestrian. You deserve legal representation that takes the full facts into account.
Call Lebowitz & Mzhen for Help After a Pedestrian Highway Fatality in Maryland
If your loved one was killed in a pedestrian crash on a Maryland highway, Lebowitz & Mzhen can help you explore your legal options. These tragic events are difficult to process, and our attorneys understand how to handle sensitive cases involving pedestrian fatalities, hit-and-run elements, and wrongful death.
Call Lebowitz & Mzhen at (800) 654-1949 today to schedule a free consultation. We are ready to help you pursue justice and secure your family’s compensation to move forward.