Landover Pedestrian Accident Lawyer

Pedestrians hit by cars may be able to claim high-dollar settlements and payouts from the driver who hit them.  Because everyday people often cannot afford to pay for the injuries they cause others, insurance policies are required to help cover these accidents, which often means the brunt of your case will be against the insurance company and their lawyers.

To get you the compensation you need, you should have a lawyer of your own.  Our attorneys can represent you and file your claims with the insurance companies and the courts to get you the damages you need.  If the defense refuses to settle, we can take the case to trial.

For a free review of your case, call the pedestrian accident lawyers at Rice, Murtha & Psoras at (410) 694-7291 today.

Can Pedestrians Be Found at Fault for Car Accidents in Landover, MD?

Generally speaking, the driver is going to be the one who is found at fault for a car crash involving a pedestrian, but this is not always the case.  Many drivers try to blame pedestrians for their crashes, and sometimes these cases succeed in blocking the pedestrian from being able to claim damages under laws that only five jurisdictions – including Maryland – use.  While this makes some cases harder for our pedestrian accident lawyers, it does not come up in every case and might have no bearing on the difficulty of your particular case.

Under Maryland law, a driver can only be held responsible for a car accident if they caused the crash through some type of negligent action or inaction – usually a traffic violation.  If we can show that this violation or mistake was what caused the crash, we can show it was the driver’s fault.

The problem that can arise in pedestrian accidents is the issue of “contributory negligence.”  In most states, if the victim does something to contribute to the crash, the courts can hold each party partially liable.  For example, if a pedestrian in another state was looking at their phone while crossing in the middle of the street, but a driver hit them while speeding, the court might say the driver is 80% at fault for speeding and the pedestrian was 20% responsible for jaywalking and inattention.

In Maryland, our contributory negligence laws block any claims where the victim shares any level of liability.  However, this only applies if what they did truly qualifies as shared fault.  For example, imagine a pedestrian was looking at their phone while in a crosswalk, but the driver boldly ran a red light and crashed into them.  In this case, it likely would not have made a difference if the pedestrian was looking at their phone or at the car; the accident only happened because the driver ran a red light.

Various legal concepts and rules can help us place the blame 100% on the at-fault driver and protect your case from victim blaming.

Damages for Injured Pedestrians in Car Accidents in Landover, MD

When you get hit by a car while riding in another car, there are airbags and seat belts to keep you safe.  The car also acts as a barrier around you.  When you are on foot, the injuries you suffer can be much worse.

If you suffered serious injuries, it is likely that you spent time in the hospital.  You may have undergone emergency surgery, and you might even need ongoing rehabilitation services like physical therapy.  All of these medical expenses should be claimed in your pedestrian accident case.

In addition, an injury serious enough to lead to hospitalization will likely cause you to miss work.  Any wages you miss while you are recovering and unable to return to work should also be paid for by the driver who hit you.  Additionally, any lost wages down the road caused by disabilities acquired in this crash should also be paid for.

On top of these “economic” damages, you might face other incidental expenses, such as the cost of getting groceries delivered if you are unable to go get them.  On top of this, you will face other “non-economic” harms that have no clear expenses tied to them.  This includes things like pain and suffering, emotional distress, mental anguish, and other damages that should also be part of your case.

Our lawyers can help you calculate damages, taking into account all present and future damages we are permitted to include in your claim.  We can also help you calculate non-economic damages using different methods than the insurance company might apply.

Fighting Insurance Companies on Behalf of Injured Pedestrians in Landover, MD

As mentioned, most of your fight is going to be against the at-fault driver’s insurance company rather than the individual driver.  Drivers often cannot afford to pay damages or hire a lawyer, and so insurance companies usually provide this.  What this means is that one of the most personal and intimate situations for you – a lawsuit over the injuries to your body – is nothing more than business as usual to the insurance company and their lawyers.

Our attorneys can stand up for you against these insurance companies and fight to get your damages paid in full.  Insurance companies are usually uncooperative and insist on driving down damages, leaving out areas of compensation, or calculating damages in ways that might reduce the overall payout.  Our attorneys can negotiate with them to try to get their attorneys to increase the settlement offer, potentially saving time and money in the process and allowing your case to succeed as an insurance claim.

If they refuse to cooperate, we can take them to court and fight before a judge and jury to get the damages you need.

Call Our Pedestrian Accident Lawyers for Help Today in Landover

If you were hit by a car, call (410) 694-7291 for a free case review with the pedestrian accident attorneys at Rice, Murtha & Psoras.