Washington DC Injury Attorney Blog

There were 11 pedestrian deaths in Montgomery County, Maryland in 2011 and five of them victims were Hispanic. Hispanics only make up about 17 percent of the county's population, therefore; this rate is alarming. According to the AAA Midatlantic and the Latino Advocacy group Casa de Maryland, the number of Hispanics that died as a result of pedestrian accidents is disproportionate when considering that Hispanics only make up a small percent of the County's population.

According to the AAA, Viers Mill Road is one of the deadliest and most dangerous streets for pedestrians. Out of the five victims in 2011, four of them were killed on Viers Mill Road.

Phil Andres, a Montgomery County Council member says that the county will continue its efforts to reach and educate Hispanics on traffic safety, but that it is also up to the pedestrian and drivers in Maryland to be more careful and follow traffic and safety rules more carefully.

Cell Phone use should be a minimum and texting while driving is now illegal in Maryland, therefore, one should not send, receive or view text messages while behind the wheel. Also, cell phone use is only allowed when using an ear piece/bluetooth or if your vehicle comes equipt with hands-free talking. If all drivers follow these rules and more pedestrians make sure and cross at intersections and crosswalks hopefully the number of pedestrian accidents and deaths will lower for all Montgomery County Residents.

Tips to keep your children safe while Trick-or-Treating this Halloween:
• Children should always be accompanied by adults and older kids should travel in groups.
• All traffic laws should be followed. Whenever possible walk on sidewalks and make sure and cross at crosswalks and/or corners.
• Wait outside homes for treats. Never allow your child to enter someone's home or vehicle.
• Also Trick-or-Treat in your own neighborhood, as you are more familiar with the area and your neighbors.
• Make sure your children's costumes fit properly. Masks must have large holes for eyes. Children should carry flashlights so they do not fall or trip in the dark.

Tips for Drivers while Children Trick-or-Treat this Halloween:
• Maryland law requires all drivers to stop for pedestrians at marked crosswalks and intersections, so stop for pedestrians.
• Obey the speed limit.
• Be more cautious between 4pm and 9pm tonight, as that is the time most children are out on the streets trick-or-treating.
• Slowly enter and exit driveways and parking spots.

As of October 1, 2011 Maryland Police Officers are allowed to pull drivers over for text messaging. Sending, receiving and reading text messages while behind the wheel will now be considered a primary offense. Which means, that Police, can now pull over and ticket drivers who are caught sending, receiving or reading text messages without their needing to be any other offense committed. Emergency 911 text messaging is exempt from this new law.

Under the new text messaging law, violators, can be fined up to $70 and receive one point toward suspension of a driver's license. If, an automobile accident or pedestrian/automobile accident is resulted from text messaging the fine will increase to $110 and three points towards the suspension of a driver's license.

This same law is in effect in the District of Columbia, but it is still only a secondary offense in Virginia.

Another new Maryland traffic law going into effect as of October 1, 2011, is that criminal prosecution will be allowed of drivers who are considered negligent in pedestrian and bicyclists deaths. Under this new traffic law, it will be considered a misdemeanor for a person to cause the death of another as a result of the person's driving, operating or controlling a vehicle in a criminal negligent manner.

These two new Maryland traffic laws are being implemented because the National Highway Traffic Safety Administration (NHTSA) reported that 20 percent of crashes in 2009 were cause by distracted drivers, of which, 995 fatal crashes involved drivers distracted by cell phone use.

Anne Arundel County, Maryland has had eight pedestrians and one bicyclist killed by motor vehicles so far this year. A study conducted by the State Highway Administration between 2006 and 2010 reported that 9 pedestrians were killed in 2006, 13 in 2009 and 12 in 2010. None were killed in 2007 or 2008. The number of pedestrians injured between 2006 and 2010 was reported to be 197.

The Anne Arundel Police will therefore start to stop drivers and pedestrians who violate the rules of the road, which include; jaywalkers, hit and run drivers, drivers who ignore bicycle lanes and drivers who run red lights and stop signs. Justin Mulcahy, Anne Arundel Police spokesman, said, "The goal is education and enforcement." The most troubling of these situations are hit-and-run drivers, because the drivers who flee the scene after a pedestrian is hit may be able to aid the pedestrian and keep the person from dying.

The roads where vehicle have struck pedestrians and bicyclists will be targeted, mostly. These areas include Hospital Driver near Crain Highway in Glen Burnie, Maryland, Fort Smallwood Road in Pasadena, Maryland and Jumpers Hole Road and Ritchie Highway. Other areas will also be in routes of patrol, but these are the major areas were fatal accidents have occurred in Anne Arundel and Baltimore City, Maryland.

It was announced Friday, September 2, 2011 by Montgomery County, Maryland officials that there will be a zero-tolerance program to crack down on minor moving violations for drivers and for pedestrians. Such moving violations include: failing to yield the right of way to a pedestrian in a crosswalk and jaywalking.

Drivers who block pedestrian crosswalks, fail to yield to pedestrians, run red lights, do not use turn signals and fail to use their windshield wipers in the rain will be ticketed. Pedestrians, on the other hand will be ticketed if they jaywalk, which is failing to cross at marked crosswalks, fail to obey crosswalk signals and for walking diagonally across intersections.

Each violation will have a fine of $50. The citations/tickets will be issued in high traffic areas and high incident areas, were police officers are more likely to enforce the law. The high incident areas include Piney Branch Road, Wisconsin Avenue, Georgia Avenue, Rockville Pike, Four Corners, Reedie Drive, Randolph Road and Connecticut Avenue.

This crack-down comes due to the fact that between January and June of this year, four pedestrians were killed and 174 collisions involved pedestrians in Montgomery County. In 2010, CountyStat (an oversight department for the county government) reported that there were 436 vehicle collisions with pedestrians and 13 pedestrians were killed. Montgomery County officials also distributed brochures and warned pedestrians of jaywalking in order to improve pedestrian safety. In 2010 alone, Montgomery County spent $8.5 million on pedestrian safety. Therefore, follow the law and remember that your safety on the road, be it as a driver or pedestrian, is your responsibility.