Failing to Cross at Crosswalk is not Contributory Negligence

In the tragic case of Davis v. Board of Education, a 13-year-old child was struck and killed by a vehicle while crossing street to board school bus. A jury found that the bus driver negligently caused the child’s wrongful death by failing to stop on the side of the road where the child lived, as required by regulation. The trial judge overturned the jury’s decision claiming, among other things, that the child was required to cross at a crosswalk. The judge’s determination was later overturned by the Court of Special Appeals and the jury’s verdict as to negligence was reinstated.