Salisbury, MD Pedestrian Accident Lawyer
When you are going about your day doing errands, walking to work, or anything else, probably one of the last things on your mind is the prospect of getting hit by a car. After all, responsible people check before crossing the street, cross at crosswalks, and take other steps to ensure that other responsible motorists do not hit them. Unfortunately, not every driver is a responsible one, and countless pedestrians get struck by cars, trucks, and SUVs every day. Furthermore, paying for medical treatment to recover from injuries after a car hits you can become wildly expensive, even with the help of insurance providers.
Our law office can help you after you are injured in a pedestrian accident. We have the experience, drive, and professionalism to effectively represent you in court, and we will not stop fighting until you get the justice and compensation you need or all legal options are spent.
Let our team of pedestrian accident attorneys review your case for free when you contact Rice, Murtha & Psoras by calling (410) 694-7291.
Types of Pedestrian Accidents in Salisbury, MD
There are a lot of different ways that a motor vehicle can strike a pedestrian. You may not think that the type of accident you experienced is important to your case, but detailing the particulars of your incident can bolster your claim and also inform who you take to court in the first place.
Getting Hit Head-On
Many pedestrian accidents happen when a car hits them head-on. Motor vehicles are moving forward the vast majority of the time, so it should be no surprise that pedestrians frequently get struck by forwards-moving vehicles.
Getting Rear-Ended
A large number of pedestrians are hit by cars because the driver backed into the pedestrian and hurt them. Although many cars now have rear-facing cameras to assist drivers in backing up or otherwise manipulating their vehicle in reverse, older cars may not have this feature, and there will always be blind spots where a careless driver can miss a pedestrian and hit them. Getting rear-ended is particularly common around parking areas, where drivers may get complacent and not be fully invested in what is going on around them.
Distracted Driver Accidents
Texting while driving has been a very serious problem for some time now. It is well known that motorists cannot devote adequate focus to their surroundings behind the wheel when they are also trying to chat with a friend via text. Accordingly, that conduct is penalized in every state – not that such prohibitions will ever fully eliminate the problem. A driver who is engrossed in their digital device can easily strike a pedestrian they would have otherwise seen.
Hit-and-Run Accidents
A hit-and-run is a specific type of accident where the motorist at fault does not stop what they are doing after they hit someone. They leave the scene of the accident either in their car or on foot in an attempt to avoid liability. Pedestrians struck in hit-and-run accidents may be more badly injured because oftentimes, the driver does not make any attempt to slow down their car or avoid the pedestrian and just keeps going. In some rare circumstances, a driver may not even be aware that they ran over someone. Hit and runs are illegal conduct and can lead to criminal prosecution in addition to your civil claim.
Damages in Salisbury, MD Pedestrian Accident Lawsuits
When you file a pedestrian accident lawsuit with a court, your ultimate goal is to get damages from the defendant. Damages are the way that courts try to “rewind” a plaintiff’s situation so that they are in a similar position to where they were prior to getting injured. Naturally, the extent of a plaintiff’s injuries often makes this impossible in the literal sense, so damages most often take the form of financial compensation.
You can seek two large categories of damages in your lawsuit. Compensatory damages are based on your situation and condition, while punitive damages are based on the defendant’s conduct.
Compensatory Damages
As the name would suggest, compensatory damages are meant to compensate you for harm done. The bulk of the damages that you request in your claim will likely be compensatory damages.
First, you can get compensatory damages for things that have a discernable monetary value, such as medical bills and lost opportunities to earn income. The way that you establish value for these things is by showing tangible evidence to the court like hospital bills and expected pay that you did not have an opportunity to earn because you were recovering from getting hit by a car.
Second, you can get compensatory damages for harm that may not be as easy to pin a value on. Physical pain, mental anguish, and emotional distress are all very real consequences of being in a pedestrian accident. However, there is not going to be a bill for “upset” or a receipt for “broken arm hurts.” Another thing that it can be difficult to demonstrate value for is “lost enjoyment of life.” For example, if you were a very active person but can no longer do strenuous physical activity because of your injuries, that can factor into your damages.
With the help of our pedestrian accident attorneys, you will need to show the court the value of these things. This can be done through your own personal testimony, witness accounts, and even photographic evidence of your injuries.
Punitive Damages
Punitive damages are not based on your situation. Instead, they are based on what the defendant did. Courts will only mete out punitive damages when the defendant has acted especially badly, so it is important to have a solid argument for these damages when you seek them.
Talk About Your Case with Our Salisbury, MD Pedestrian Accident Legal Team
Rice, Murtha & Psoras’s pedestrian accident attorneys can assist you with a free case review when you dial (410) 694-7291.