Pedestrian Accident Attorney
Walking is free, eco-friendly, and good for your physical and mental health. However, pedestrians today are at risk of serious injury in a collision with a motor vehicle. If you have been hurt in a pedestrian accident, call Malloy Law Offices, LLC. Our experienced pedestrian accident attorney is a tough advocate for injured pedestrians.
Common Causes of Pedestrian Accidents
The most common causes of pedestrian accident cases are distracted driving and alcohol. If a driver is not paying attention to the road and to traffic signals, the chance that they’ll strike a pedestrian drastically increases. In recent years, texting while driving has played a role in more and more distracted driving accidents.
Accidents caused by alcohol, whether the pedestrian or the driver, account for 47% of all pedestrian accidents. If the driver was drinking, they are more likely to swerve out of their lane and have slower reaction times. They won’t be able to recognize and correct their error as quickly as a sober driver would. Many times the driver is unaware of the speed they were traveling at the time of the drunk driving accident. This can lead to serious consequences for innocent pedestrians.
Other causes include a driver failing to stop for a pedestrian in the crosswalk and failing to yield the right-of-way when turning on a green signal. A pedestrian who is in the crosswalk at the correct time has the right of way. Any driver who ignores this and proceeds to travel through the intersection and strikes the pedestrian is at fault.
There are instances where a crosswalk is “unmarked”, or implied. A pedestrian has the right to use this implied crosswalk if they are facing a green signal unless it is a turn arrow, or if the implied crosswalk is directed by pedestrian control signs. The same rules that a driver would follow for a marked crosswalk also apply for unmarked crosswalks.
Common Injuries In Pedestrian Accidents
Pedestrians are completely unprotected and vulnerable to serious injuries in a collision with a motor vehicle. Injuries commonly sustained in pedestrian accidents include:
- Brain injuries: This can result in traumatic brain injury, with life-altering consequences for victims and their families.
- Internal injuries: Rib fractures, internal bleeding, and organ damage are common in pedestrian accidents.
- Pelvic injuries: The hood design of the vehicle is a contributing factor to pelvic fractures and injuries when a pedestrian is hit by a car.
- Spinal cord injuries: Severe trauma to the spinal cord in a collision with a motor vehicle can result in paralysis below the level of the injury.
- Fractured bones: This is one of the most common injuries in pedestrian accidents, caused by external force when a vehicle hits a human body.
- Wrongful death: Pedestrian accidents can be fatal, depending on the nature of the injury and the speed at which the vehicle is traveling.
Key Factors in Pedestrian Accident Cases
When someone has been injured in a pedestrian accident, their attorney will be looking at the following criteria when preparing their lawsuit:
- Fault
- The severity of the injuries
- Type and duration of medical treatment
- How the injuries have impacted their life
- Lost opportunities
- Amount of time spent out of work
- Loss of future income
- Possibility of a full recovery
Fault plays an incredibly important role in personal injury cases. Maryland, Virginia and Washington, D.C. are three of only five states to have contributory negligence, which means that if the victim is found to be even one percent at fault in their accident, they are barred from receiving any recovery, as their actions contributed to their injury. Typically, the more severe the victim’s injuries are, the higher the value of the prospective settlement. The cost and method of treatment for injuries and permanent or long-term effects from their injuries are also considered.
Benefits of Hiring a Pedestrian Accident Attorney
Personal injury law can be complex. Anyone who was injured in a pedestrian accident can easily become overwhelmed trying to handle their case on their own. A lawyer can easily lift the burden of their case from the injured person’s shoulders. This allows the injured party to focus solely on their recovery.
Lawyers have a multitude of legal resources at their disposal, including police reports, medical records, and witness statements. A skilled attorney will be able to gather the facts of the case, work with an adjuster, and come up with a settlement figure. This figure will be sufficient to take care of the plaintiff’s medical bills, lost income, and pain and suffering. The pedestrian accident attorneys at Malloy Law Offices, LLC are highly skilled in all areas of personal injury law. Our personal injury lawyers work on a contingency fee basis – you pay us no fees until we recover compensation for you. Contact us today for your free consultation.
Frequently Asked Questions
1. What should I do immediately after a pedestrian accident in Maryland?
The first thing to do after a pedestrian accident is to get medical help immediately, even if your injuries seem small. Some serious problems, like brain injuries or internal bleeding, might not show signs right away. Once you are safe, write down everything you can: take pictures of the scene, get the driver’s information, collect witness contacts, and note the police report number. Do not talk to the other driver’s insurance company before talking to a lawyer.
2. Who is at fault in a pedestrian accident?
In most cases, the driver is at fault, especially if they were distracted, speeding, drunk, or did not stop at a crosswalk. But Maryland has a strict rule called contributory negligence. This means if the pedestrian is even a little bit to blame, they might not get any money at all.
3. What are the most common injuries in pedestrian accidents?
Pedestrians have no protection from a moving vehicle, so injuries in these accidents are often very serious. The most common injuries include brain injuries, spinal cord damage, broken pelvis, broken bones, harm to internal organs, and deep cuts.
4. How long do I have to file a pedestrian accident claim in Maryland?
In Maryland, you have three years from the accident date to file a personal injury claim, including for pedestrian accidents. In Virginia, the time limit is two years. If you miss this deadline, you could lose your chance to get money, no matter how strong your case is.
5. What compensation can I recover after a pedestrian accident?
A pedestrian accident claim can cover many costs, like medical bills now and in the future, lost pay while you recover, loss of ability to earn money later, pain and suffering, emotional stress, and costs for long-term disability or therapy. For serious or permanent injuries, the money you get can be very large, sometimes in the millions.
6. Can I still file a claim if the driver who hit me fled the scene?
Yes. If the driver who hit you ran away, you still have legal options. Your own insurance might pay for your medical bills, lost pay, and other costs if you have uninsured motorist coverage. Also, the police might find the driver using security cameras, witness reports, or evidence left at the accident.
7. How is pain and suffering calculated in a pedestrian accident case?
Pain and suffering do not have a fixed dollar amount. It is decided based on how bad and how long your injuries are, how they affect your daily life, and the medical records you provide. Two common ways to figure this out are the multiplier method, which multiplies your total costs by a factor of 1.5 to 5 depending on injury severity, and the per diem method, which assigns a daily value to your pain during recovery.
8. Why should I hire Malloy Law for my pedestrian accident case?
Malloy Law has over 15 years of experience helping people injured in pedestrian accidents in Maryland, Virginia, and Washington D.C. They have won more than $150 million for their clients and take on pedestrian accident cases throughout the area. Call (888) 607-8690 for a free consultation or visit the pedestrian accident practice page to find out more.