Hyattsville, MD Pedestrian Accident Lawyer

Pedestrians injured by drivers in Hyattsville often have significant injuries and other damages. While these cases can be challenging, our team can fight for the compensation you deserve.

Lawsuits for pedestrian injuries are often complicated by the fact that much of the evidence comes from those involved in the accident. Most drivers do not want to take responsibility for hitting a pedestrian, so they might claim that it was their fault for stepping into traffic. Our lawyers know that driver negligence is usually the reason for the accident. However, our firm can also help you pursue damages if you were injured without being hit by a car. If you were injured just walking the sidewalks of Hyattsville, we can investigate who is responsible for the area and file a claim against them.

Contact Rice, Murtha & Psoras today at (410) 694-7291 to receive your free case assessment with our pedestrian accident lawyers.

Determining Fault in a Pedestrian Accident Lawsuit in Hyattsville, MD

Most lawsuits in Hyattsville are filed because of negligence, including ones caused by pedestrian accidents. In a lawsuit, you are trying to prove that the defendant had a duty to you that they failed to uphold when they injured you. If your evidence shows this, the defendant will be found liable, and you will be awarded damages.

The majority of pedestrian accidents are caused by negligent drivers. Drivers in Hyattsville are required to follow the traffic laws, including stopping at crosswalks and giving pedestrians the right of way. Many other pedestrian accidents are caused by distracted drivers and drivers running red lights. Regardless of how the driver injured you, our pedestrian accident lawyers can help you hold them accountable. You have the right to walk Hyattsville safely and deserve to be compensated when injured by a careless driver.

However, you also need to look after your own safety. While drivers should yield to pedestrians, that will not be a defense if, for instance, you are hit while crossing a street with a red light against a do no walk sign. The insurance company can use your own negligence as a basis to lower the amount of damages you recover or deny your claim. In fact, you could lose out on any compensation if you are found even slightly at fault for your injuries. However, if our team can show the driver has the last clear chance to avoid the accident, you can still recover damages.

Getting Compensation from Your Insurance After a Pedestrian Accident in Hyattsville, MD

After getting struck by a driver, you will usually file a claim with their insurance provider to recover damages. But you could also use your own car insurance policy to help cover your losses. If you have Personal Injury Protection (PIP) selected in your car insurance policy, you can claim this as a pedestrian in an accident. You can also claim a family member’s PIP coverage if they live with you and you do not have coverage of your own.

PIP insurance has a few advantages. The most important one is that you do not have to prove fault to get compensation. You simply file your claim with your provider with the necessary documentation, and you should start getting benefits.

The other advantage is that it can help you pay medical expenses and some of your lost income while you wait for a settlement to cover the remaining damages. However, it will not cover all of your economic damages, only a portion. PIP will also not compensate you for your pain and suffering, like emotional trauma and living with pain. So, even if you have PIP insurance, you should still work with our attorneys to get coverage for all your damages.

How Pedestrian Accidents Happen in Hyattsville, MD

While many accidents happen because careless drivers fail to notice pedestrians, they are not the only way you can be injured walking around Hyattsville. In some cases, another driver might not be involved. Some pedestrians are injured on sidewalks that are long overdue for repairs. Our lawyers can investigate your claim to determine who is responsible for your injuries if they are not immediately apparent. The following are some common ways pedestrian accidents occur in Hyattsville:

Driver Negligence

As mentioned, driver negligence is a leading cause of pedestrian injuries in the city. Drivers should stop at a crosswalk when they see pedestrians, but not all do. Other drivers are so distracted by a video they are watching on their phones that they do not notice the pedestrian until it is too late. And you could suffer much more serious injuries if you are hit by someone driving under the influence.

Pedestrian accidents commonly occur in parking lots and shopping areas. Drivers tend to be more focused on finding a spot or getting out of the lot. For many, pedestrians simply disappear into the background. If you were hit by a negligent driver somewhere like that, our team can see if any nearby surveillance videos captured the accident.

Business Negligence

Many other pedestrian accidents are caused by businesses that do not make their premises safe. Most businesses are responsible for the areas just outside their doors, including any adjoining sidewalks. If they leave it dirty or have it cluttered with signs and products, you could trip walking by. Falling to the ground can cause much more serious injuries than most people realize. For instance, you could tear a ligament in your knee while trying to catch yourself from falling. Our team can see who is responsible for the area you were injured in if you were injured walking by a business.

Poor Walkways and Roads

In other cases, you might have been injured walking on a sidewalk in your neighborhood or park. Several city and county municipal agencies are responsible for the roads and walkways in Hyattsville. For instance, if you injured yourself tripping on a loose or uneven piece of sidewalk, we might be able to file a claim against the city government.

However, we can determine who to sue if the city was not responsible for the location where you were injured. Suppose you were injured on a sidewalk in the park, but the cause was a loose cap on a water hole. In that case, we would likely file a claim against the water department and possibly the city government as well.

Defects with the Vehicle

In rarer cases, your injuries might have been caused by a defect in the driver’s vehicle. For instance, if the car was designed in a way that every vehicle manufactured had faulty brakes, we would likely sue the car’s designer. In other cases, we will file a lawsuit against the manufacturer because the negligence occurred because of how the vehicle was assembled.