Ilchester, MD Pedestrian Accident Lawyer

Pedestrian accidents in Ilchester often have devastating effects on those injured. However, filing a lawsuit against the responsible driver to recover damages for your financial losses and emotional trauma.

Our team can help you explore the options available so that you can obtain the money you need to cover your damages. Most pedestrian accident cases start with an insurance claim. However, insurance often proves to be too little to cover the costs of your recovery, especially if you are suffering from severe injuries. We will help you fill the gap by filing a lawsuit on your behalf. A lawsuit can be the incentive an insurance company needs to pay you the money you deserve. If the threat of litigation is not enough for them to settle your case fairly, we will be ready to present your evidence to the judge and jury.

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

How to Pursue a Pedestrian Accident Case in Ilchester, MD

After a pedestrian accident, seeking compensation for your injuries typically begins with filing an insurance claim against the at-fault party’s insurance. However, you might not get the compensation you need from just one source. Our pedestrian accident lawyers can help you file a lawsuit against the negligent driver if insurance proves insufficient to cover your damages. These two options work hand-in-hand, with a lawsuit usually being filed after your insurance options have been exhausted or denied.

Filing an Insurance Claim

In Ilchester and throughout Maryland, at-fault insurance rules apply. In at-fault insurance claims, the person who caused the accident is responsible for covering your damages. This is done by filing a claim directly with the driver’s insurance company.

When you file your claim, you will need to provide details about the accident. However, you must be careful when giving this information since this is not your insurance company, and they would rather not pay out on a claim to someone who is not a policyholder. We can submit your medical records to the insurance company so it is clear what kind of injuries you sustained and the medical treatment you received or will need in the future to recover.

As a pedestrian, you might also have coverage under your own auto insurance policy through your Personal Injury Protection (PIP). Unfortunately, many pedestrians do not realize that their insurance can provide this coverage even when they are not in a vehicle at the time of the accident.

PIP is designed to cover medical expenses and lost wages, regardless of who was at fault in the accident. How much you intend your PIP insurance to cover is up to you, but the minimum coverage is $2,500. However, PIP insurance is not mandatory, so check your policy to see if you have this coverage.

Filing a Lawsuit

If the insurance company tries to minimize your settlement amount or denies your claim, we can help you file a lawsuit to recover your remaining damages. Much of the evidence you will need for your case will have already been collected for your insurance claim. However, with the extra time a lawsuit affords, we can investigate the incident further to gather additional evidence or witness statements.

Filing a lawsuit is likely also your best option if your injuries are severe. Serious injuries often lead to overwhelming medical bills and significant lost income from extended time off work.

Because of this, the compensation you will need could be incredibly high, making a lawsuit the only viable option for obtaining the full extent of the damages you are owed.

Can Pedestrians Be at Fault for Their Own Pedestrian Car Accidents in Ilchester, MD?

Maryland is one of the few states in the U.S. that still follows the doctrine of contributory negligence. This is important for pedestrians to be aware of since this rule could prevent you from recovering a single dollar for your injuries.

In pedestrian accident cases, this principle is used to determine whether both parties contributed to the accident. If you are found to be even slightly at fault for the accident, as little as 1%, the court will bar you from recovering damages from the defendant.

To prevent these consequences, be sure to remain alert to your surroundings. Avoid distractions like texting or wearing headphones at loud volumes that could prevent you from hearing approaching vehicles.

Make sure you also follow all traffic laws. If you are not crossing at designated crosswalks or disobeying pedestrian signals, you can be sure it will be used against you to deny your compensation.

You will also stand a better chance of fighting this claim if you document as much as possible about the accident. You can do this by taking photos of the location, your injuries, and the signs and signals near the accident site. Be sure to speak to any witnesses who happen to provide help, as their testimony might be the only persuasive evidence you have that you did not contribute to your accident.

Evidence Needed for an Ilchester, MD Pedestrian Accident Claim

To show how your accident occurred and how you have treated your injuries, you will need to gather several pieces of evidence. Fortunately, we know which sources will need to be contacted to gather your records. The following are typical types of evidence used in pedestrian accident cases:

Medical Records

Your medical records will arguably play the most critical role in your case. You will need these documents to prove the injuries you sustained, the treatment administered, and your prognosis for recovery.

Our team understands this process completely. We will help you obtain your medical records from any provider you visit to treat your injuries, including records of hospital visits, appointments with specialists, and physical therapy sessions.

Police Reports

Obtaining the police report from your accident is also important. Police reports often provide unbiased accounts of the accident circumstances, including who was involved and how the accident might have occurred.

While you are likely to call the police, you might not consider it after a minor accident. However, this can hurt you in the long run since police reports are used in insurance claims and to track down other important evidence.

Photos and Videos

Our attorneys know that visual evidence can be incredibly persuasive. Photos and videos of the accident can provide an accurate view of what the scene was like, including the position of the vehicle if it stopped, nearby traffic signals or crosswalks you used, and anything else you think is relevant to your case.

Additionally, photos and videos of your injuries can provide powerful visual evidence for the court to consider. We can also scout the area for surveillance cameras to gather additional footage of the accident.

In some cases, the driver might have had a dash cam that captured the accident. During the course of your claim, we will request evidence from the other side, which should include any videos they possess that will be relevant.

Our Ilchester, MD Pedestrian Accident Attorneys Are Ready to Help You Get Justice from the Driver Who Hit You

For a free case review with our pedestrian accident attorneys, call Rice, Murtha & Psoras at (410) 694-7291.