Maryland Pedestrian Accidents where no sidewalk is available.

The Maryland courts have had the opportunity to consider the fact pattern where a pedestrian is walking along a roadway and there is no sidewalk bordering the roadway. Specifically, Whitt v. Dynan, 315 A.2d 122, 20 Md.App. 148 (Md. App., 1974) involving the death of a pedestrian wherein, the Appellant contends that his motion for a judgment n. o. v. should have been granted. He maintains that Code (1957), Art. 66 1/2, § 11-506(b) prohibits a pedestrian from walking along a highway except on the left side facing oncoming traffic. He asserts that the decedent was contributorily negligent as a matter of law because the evidence establishes that the deceased was walking along the right side of the road with his back toward the approaching traffic. Appellees contend that the statute requires a pedestrian to walk on the left side of the road facing traffic only when it is practicable to do so. They insist that the evidence shows that in order to comply with the statute the deceased would have had to cross York Road against heavy traffic without benefit of a crosswalk or traffic light at a time when visibility was poor. They conclude that the question of whether noncompliance with the statute was justified under these circumstances was properly submitted to the jury. Neither of these positions is entirely correct. Code (1957) as amended, 2 Art. 66 1/2, § 11-506 provides: '(a) Where sidewalks provided.-Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. '(b) Where sidewalks not provided.-Where sidewalks are not provided, any pedestrian walking along and upon a highway shall walk only on the left shoulder, when practicable, or on the left side of the roadway as near as practicable to the edge of the roadway facing traffic which may approach from the opposite direction.' The effect of this statute as a penal provision is clear. Its words are plain and unambiguous. We are persuaded from a reading of the statute that where sidewalks are not provided pedestrians are required to walk either on the left shoulder or the edge of the left side of the roadway facing oncoming traffic. A pedestrian's failure to exercise one of these two options constitutes a misdemeanor. I recently completed a case where my client received a sizable recovery as a pedestrian walking in the roadway were no sidewalk was available. If you or a family member or friend has been injured as a pedestrian please feel free to call my office we will discuss your case over the phone at no cost to you 1-888-760-7339