Germantown Pedestrian Accident Lawyer
Pedestrians are incredibly vulnerable in an accident as they are no match for a two-ton vehicle. Drivers are often responsible for such accidents and should be held liable for their negligence.
Some common causes of pedestrian accidents include distracted drivers, traffic violations, and speeding. After an accident, the first legal action most injured pedestrians take is to file an insurance claim. Many injured pedestrians also file personal injury lawsuits against the driver responsible for the crash. In your case, you will need strong evidence to support your claims for damages, including photos from the accident, medical records, and witness testimony. Our team can help you calculate damages for medical bills, lost income, pain, suffering, and more in your lawsuit.
Injuries in pedestrian accidents are often extreme, and many injured pedestrians live with long-term health complications. Our Germantown pedestrian accident lawyers can help you get just and fair compensation for your injuries. For a free case review, call Rice, Murtha & Psoras at (410) 694-7291.
Common Causes of Germantown Pedestrian Accidents
Pedestrian accidents can happen under numerous circumstances, and drivers should always be looking for pedestrians. One of the most common causes of pedestrian accidents – as well as many other accidents – is distracted driving. Technology pervades nearly every facet of our lives, including on the road. A driver distracted by a cell phone or other device might easily hit a pedestrian trying to cross the street.
Traffic violations frequently lead to crashes, including with pedestrians. Drivers must abide by a strict traffic code, including in areas frequented by pedestrians. For example, drivers might have to yield to pedestrian traffic at crosswalks or reduce their speed in residential neighborhoods. If drivers fail to follow traffic laws, pedestrians might be injured, and our Germantown pedestrian accident lawyers can help you sue the negligent driver.
Speaking of traffic violations, speeding is one of the biggest reasons for many pedestrian accidents. Drivers are often in such a hurry that they speed up and lose focus, and pedestrians are often hurt. For example, a driver speeding to avoid a red light might strike a pedestrian trying to cross the street. Even if speed is not the direct cause of the accident, it often makes the accident and injuries much worse.
How to Take Legal Action After a Pedestrian Accident in Germantown
You might have numerous legal options after a pedestrian accident, and our Germantown pedestrian accident attorneys can help you determine the best path for your situation. In many cases, injured pedestrians pursue insurance claims to get compensation for damages. In many other cases, insurance does not work out or is insufficient, and a personal injury lawsuit is necessary to get compensation.
Maryland follows a fault-based insurance system, meaning injured pedestrians must file third-party claims against the driver’s auto insurance and prove that the driver is at fault for the crash. Unfortunately, insurance is not foolproof, and you might find your claims denied or insufficiently compensated. Insurance companies often make lowball offers in the hopes that injured pedestrians are too tired of fighting or intimidated to demand a better offer. In such a case, an experienced attorney can fight for you.
If insurance does not work out, or perhaps the driver does not have any insurance, you can file a lawsuit. Much like an insurance claim, you need to prove the driver is at fault, but a court case imposes very strict legal standards and burdens of proof. In a civil lawsuit for damages, you must prove the driver’s negligence by a preponderance of the evidence. This means you must show it is more likely than not that the driver’s negligence caused the accident and your injuries.
Evidence You Need in a Pedestrian Accident Lawsuit in Germantown
Evidence is the beating heart of your civil lawsuit and might be found in many places. Our Germantown pedestrian accident attorneys are familiar with finding and gathering evidence and can help you with your case.
If you have ever witnessed a car accident, you might have noticed people taking photos for insurance purposes, so insurance companies have some proof of the accident. These photos can also be used in a civil lawsuit for the same reason. If possible, take as many photos as possible immediately after the accident. However, if you are too badly injured, call for help and wait for assistance.
In many cases, pedestrian accidents happen near homes or businesses with security cameras. Sometimes, these cameras record the accident on video. Security camera footage of the accident can be extremely persuasive evidence, especially if it depicts the accident from start to finish and all parties involved are clearly visible.
Your medical records may also be used as evidence of your injuries and damages. Even if your injuries are very serious, a detailed medical report about your injuries may be even more convincing to a jury. We can even have your doctor provide expert testimony about the severity of your injuries and whether you face any long-term health complications.
Even if other forms of evidence are lacking, you might still have a strong case based on witness testimony. While witness testimony is certainly subject to certain drawbacks, it can be very persuasive. The more witnesses you have who can back you up on the stand, the better. Pedestrian accidents in crowded places like parking lots often have a plethora of witnesses to draw on.
Potential Damages in a Pedestrian Accident Lawsuit in Germantown
The damages in your case are unique to your injuries, expenses, and losses related to the accident. Our Germantown pedestrian accident attorneys can help you tally up all your damages to get the most compensation possible.
Economic damages are related to financial losses and expenses from the accident. Perhaps the most significant among these damages are medical expenses. Even with health insurance, medical expenses can be very high. If you have health insurance, you can claim the cost of expensive deductibles as part of these damages. In addition to medical bills, you can claim the value of any lost income from missing work after the accident.
Non-economic damages are more subjective and harder to put a price on. Non-economic damages tend to encompass subjective experiences rather than monetary losses, and many do not cost money. For example, your emotional and physical pain and suffering can be claimed as part of your economic losses. Injured pedestrians often experience great physical pain and emotional trauma after an accident, and these damages might be very high. Additional non-economic damages might include humiliation, damage to your reputation, or other negative experiences.
Contact Our Germantown Pedestrian Accident Lawyers for a Free Case Evaluation
As an injured pedestrian, you deserve compensation from the driver responsible for causing the accident. Our Germantown pedestrian accident attorney can offer a free review of your case to get you started. Call Rice, Murtha & Psoras at (410) 694-7291 for assistance.