Pedestrian Accidents in Maryland: Determining Fault & Pursuing Compensation

Pedestrian accidents occur all too frequently, often leading to severe injuries or fatalities. These tragic incidents can leave victims and their families facing mounting medical bills, lost wages, and emotional distress. If you or a loved one has been injured in a pedestrian accident, understanding how to determine fault, navigate the legal process, and pursue compensation is crucial. As an experienced personal injury law firm in Suitland, Maryland, The Law Office of Ben Evan is dedicated to helping pedestrian accident victims protect their rights and secure the compensation they need to recover.

Gaining a thorough understanding of pedestrian accidents, fault determination, and the legal process is vital for ensuring the best possible outcome for your case. This blog post highlights the importance of engaging a skilled personal injury attorney, like those at The Law Office of Ben Evan, to provide expert guidance, compassionate support, and tenacious advocacy throughout your case.

Common Causes of Pedestrian Accidents

Pedestrian accidents can happen for various reasons, often stemming from a combination of factors involving driver negligence, pedestrian behavior, and environmental conditions. Some of the most common causes of pedestrian accidents include:

1. Distracted Driving: Drivers who are talking on the phone, texting, or otherwise not paying attention are less likely to see pedestrians and avoid collisions.

2. Speeding and Reckless Driving: Excessive speed reduces a driver’s reaction time and increases the risk of severe injuries in pedestrian accidents. Reckless behaviors, such as running red lights or making unsafe turns, also increase the likelihood of pedestrian collisions.

3. Alcohol and Drugs: Impaired drivers have diminished reaction times and poor decision-making skills, putting pedestrians at risk for severe accidents.

4. Poor Visibility: Dark clothing, inclement weather, and insufficient lighting can make it difficult for drivers to see pedestrians, increasing the chances of a collision.

5. Pedestrian Errors: Pedestrians also have a responsibility to follow traffic laws, such as using crosswalks and obeying traffic signals. Failing to adhere to these rules can contribute to accidents.

Determining Fault in Pedestrian Accident Cases

To recover compensation for injuries sustained in a pedestrian accident, the victim must establish that the driver or another party was at fault for the accident. Determining fault often involves investigating the accident and identifying the negligent actions or omissions of the involved parties. Some key considerations when determining fault include:

1. Witness Statements: Testimony from eyewitnesses can provide valuable information regarding the actions and behavior of both the driver and pedestrian before and during the accident.

2. Police Reports: Law enforcement officers are trained to investigate accidents and identify signs of negligence. Police reports can be instrumental in determining fault.

3. Video Evidence: Surveillance footage or dashcam recordings may capture the accident and help establish fault.

Maryland follows a contributory negligence rule, which means that if the injured pedestrian is found to be partially at fault for the accident, they may not recover damages from the other party. This rule emphasizes the importance of accurately determining fault and building a strong case to prove the other party’s negligence.

Rights of Injured Pedestrians

Injured pedestrians have the right to pursue compensation for their injuries and damages through either a personal injury claim or an insurance claim. The available options depend on the specifics of the accident, the level of fault, and the insurance coverage held by the involved parties. Some types of compensation that might be available to injured pedestrians include:

1. Medical Expenses: Reimbursement for the cost of medical treatments, surgeries, medications, and long-term care related to the pedestrian’s injuries.

2. Lost Wages and Loss of Earning Capacity: Compensation for wages lost due to the injury, as well as any reduction in the pedestrian’s ability to earn income in the future.

3. Pain and Suffering: Damages awarded for the physical and emotional pain experienced by the pedestrian due to the accident and resulting injuries.

4. Loss of Consortium: Compensation for the loss of companionship and affection experienced by the spouse of the injured pedestrian.

Working with a Personal Injury Attorney

Navigating the legal process following a pedestrian accident can be complex and challenging, especially in the aftermath of a severe injury. Partnering with an experienced personal injury attorney can provide invaluable support and expertise, helping to:

1. Investigate the Accident: A skilled attorney will thoroughly investigate the accident and gather essential evidence, such as witness statements, video footage, and police reports, to build a strong case proving the other party’s negligence.

2. Determine Damages: Your attorney will help you evaluate the full extent of your damages, including current and future medical expenses, lost wages, and non-economic damages like pain and suffering.

3. Negotiate with Insurance Companies: Insurance companies often aim to minimize the value of a claim or deny it outright. A knowledgeable attorney can help you navigate the claims process and negotiate with insurance adjusters on your behalf.

4. Litigate Your Case if Necessary: If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take your case to court to fight for the compensation you deserve.

Conclusion: Rely on The Law Office of Ben Evan to Support You Through the Pedestrian Accident Legal Process

Recovering from a pedestrian accident can be a difficult and emotional process, but having a dedicated and compassionate personal injury attorney by your side can provide invaluable support and guidance. The team at The Law Office of Ben Evan in Maryland, is committed to advocating for pedestrian accident victims and working tirelessly to secure the compensation they need and deserve. Reach out to The Law Office of Ben Evan at 301-423-8100 or visit us at 5210 Auth Rd, Camp Springs, MD 20746 today to discuss your pedestrian accident case and take the first steps toward recovery.

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