Pedestrian accidents FAQ
If you suffered injuries in a pedestrian accident in Maryland, you might feel overwhelmed and unsure about what to do next. You may be eligible to seek compensation for your injuries through a personal injury claim. An experienced attorney from Trollinger Law LLC can review the facts of your case and guide you through the complex process of filing an insurance claim or lawsuit. But where should you start? Here are some answers to some of the most frequently asked questions about pedestrian accidents in Maryland.
What’s the first thing I should do if I’ve been hurt in a pedestrian accident and I want to file a claim for my injuries?
The first thing you should do after any accident is to seek medical attention for your injuries. Even if you feel fine, seeing a doctor as soon as possible is essential. Some injuries may not be immediately apparent, such as:
- Traumatic brain injury (TBI) – A traumatic brain injury can occur when a pedestrian is hit by a vehicle or if the strike causes them to fall and hit their head on the ground. Symptoms may include headache, dizziness, nausea, and confusion, but these symptoms can take days or weeks to appear.
- Internal injuries – Pedestrians can suffer internal injuries, such as organ damage, internal bleeding, or a ruptured spleen when motorists hit them. These injuries take time to manifest symptoms but can have deadly consequences.
- Soft tissue injuries – Sprains and strains may have no outward signs. It could take hours or days for pain, swelling, or bruising to indicate you suffered a significant injury.
With pedestrian accident fatalities at historically high levels in recent years, it is imperative to prioritize your health after a crash, even if you do not have any visible injuries. After seeking medical attention, contact a personal injury lawyer to discuss your case and understand your legal options.
How long do I have to file a pedestrian accident lawsuit in Maryland?
The statute of limitations in Maryland gives you three years from the date of an accident to file a pedestrian accident lawsuit. If you do not file suit within this timeframe, you might lose your right to seek compensation for your injuries. An experienced attorney can help ensure you meet all your case deadlines.
It’s also important to know that the limitations period could differ in certain circumstances. For example, the statute of limitations is shorter if you wish to file a claim against a government entity but longer if you sustained an injury as a minor. An attorney can explain the deadline that applies to your case.
What damages are recoverable in pedestrian accident cases?
Pedestrian accident victims may be entitled to compensation for their losses, including money for:
- Medical expenses such as hospital stays, surgery, physical therapy, and other medical interventions
- Lost wages, if your injuries prevent you from working
- Pain and suffering, including physical pain and emotional distress caused by the accident
- Property damage
I was cited for not crossing at a crosswalk when I was hit by a car. Do I still have a case?
It depends on the circumstances. Maryland uses a contributory negligence rule when determining fault in pedestrian accidents. Under this rule, an injured person cannot recover compensation if they are found to be even one percent at fault for their injuries. If you were jaywalking at the time of the crash, you might struggle to prove you are entitled to compensation. For this reason, it’s crucial to consult a pedestrian accident attorney who can determine whether you have a case and the most effective way to tackle it.
My pedestrian accident was clearly the driver’s fault, and he was cited. Why should I hire a lawyer?
Hiring a knowledgeable and skilled personal injury attorney can benefit you even if the driver is clearly at fault. Insurance companies are often more concerned with protecting their bottom line than fairly compensating accident victims. An experienced pedestrian accident lawyer can:
- Conduct a thorough investigation of the accident to gather crucial evidence
- Determine which party(s) are liable for your injuries and identify all potential sources of compensation
- Calculate the value of your losses, including past and future expenses
- Negotiate with the insurance company to obtain maximum compensation
- File a pedestrian accident lawsuit against the at-fault party, if necessary
What happens if the driver who hit me was uninsured or did not have enough insurance to pay for my injuries?
If the driver who hit you was uninsured or underinsured, you could file a claim with your own insurance policy. Maryland law requires motorists to purchase minimum amounts of uninsured motorist (UM), underinsured motorist (UIM), or enhanced uninsured motorist coverage (EUIM).
The minimum limit is $30,000 per person or $60,000 per accident for bodily injury and $15,000 per accident for property damage. UM/UIM/EUIM coverage can help cover the costs of your pedestrian accident losses when the other party’s insurance policy is nonexistent or insufficient. A skilled experienced pedestrian accident lawyer can help you navigate the process of filing a claim with your insurance company.
Contact a Pedestrian Accident Lawyer at Trollinger Law LLC Today
Marylanders turn to Trollinger Law LLC because they know our attorneys put their best interests first. If you suffered injuries in a pedestrian accident, contact our personal injury lawyers for a free case review now.