If you were struck by a vehicle while walking in Silver Spring, understanding your rights will be essential for seeking compensation for your injuries through a pedestrian accident claim. These accidents can cause serious pedestrian injuries that require extensive medical treatment and leave victims with extensive losses.
At Marks & Harrison, our Silver Spring pedestrian accident lawyers have the experience and resources to help victims and their families navigate the aftermath of a pedestrian accident. Contact our firm today for a free consultation with a skilled and experienced personal injury attorney and learn more about your legal options.
What Should You Do If You Have Been Injured in a Silver Spring Pedestrian Accident?
If you are injured in a vehicle collision while crossing the road in a crosswalk, you should take specific steps to improve your recovery and strengthen your case against the at-fault driver.
One of the first steps is to seek medical attention immediately and follow up until you fully recover. By following up with your treatment, you’re showing the insurance company that your injuries are real and that you took them seriously.
Collect evidence at the accident scene, including photos of the scene and your injuries. You should also get the contact information of anyone who witnessed the accident or its aftermath. If your injuries prevent you from doing so, ask for help.
It’s also essential that you obtain a copy of the police report for the accident. You may need it when filing your claim against the at-fault party’s insurer. An experienced pedestrian accident lawyer at Marks & Harrison can assist you.
Keep track of your expenses and losses, including medical bills, lost wages, and all the other ways your injuries affect your daily life. These records will be vital for seeking the compensation you deserve.
Don’t wait to get legal help. Get in touch with us at Marks & Harrison as soon as possible. We can review your case, explain your rights and options, and immediately go to work seeking maximum compensation for you.
What Are Maryland’s Laws Regarding Pedestrians?
Maryland laws that address who has the right of way at intersections and other pedestrian safety issues. These laws may be instrumental in determining who was at fault in your pedestrian accident case. For example, under Maryland law, drivers must stop for pedestrians in crosswalks and cannot pass other vehicles stopped at crosswalks. Additionally, pedestrians must obey traffic signals and crosswalks when available.
What Are Common Causes of Maryland Pedestrian Accidents?
While there are many causes of pedestrian accidents in Silver Springs, some of the most frequent ones are:
- Distracted driving – When drivers aren’t paying attention to the road or their surroundings, they may not see pedestrians entering the road.
- Intoxicated driving – Drunk drivers may run red lights or stop signs, putting pedestrians and other motorists at risk of serious bodily harm.
- Failure to yield – Some drivers fail to yield to pedestrians in crosswalks, leading to collisions and severe injuries.
- Speeding – Exceeding the speed limit reduces the time a driver has to react to pedestrians entering the road and increases the distance their vehicle needs to come to a complete stop.
What Injuries Happen in a Pedestrian Accident?
Pedestrians struck by vehicles may sustain serious and life-changing injuries as a result. Common pedestrian injuries include:
- Spinal cord injuries, resulting in reduced mobility, chronic pain, or paralysis
- Traumatic brain injuries from significant blows to the head, leading to cognitive and physical disability
- Fractured bones, including arms, wrists, legs, hips, and ribs
- Soft tissue injuries, such as those affecting the muscles, ligaments, and tendons in and around the knees
- Internal organ damage resulting from the blunt force caused by the impact with the vehicle.
How Can You Prove Who Is At Fault in a Silver Spring Pedestrian Accident?
Proving fault in a Silver Spring pedestrian accident is one of the most critical parts of an insurance claim or lawsuit. To recover compensation from the driver’s auto insurance policy, you must first show that they were at fault for the accident.
Maryland law does not presume drivers are at fault in accidents involving pedestrians. Your lawyer will need to collect various types of evidence, such as:
- Accident scene photographs
- Traffic camera footage
- Eyewitness statements
- Onboard vehicle computer data.
If you and your lawyer can show that the driver was at fault for the accident, you may be eligible to recover compensation from their insurance policy. Maryland law requires all drivers to have at least the following minimum amounts of liability insurance:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $15,000 per accident for property damage.
What Types of Compensation Could Be Recoverable in a Silver Spring Pedestrian Accident?
In a Silver Spring pedestrian accident claim, you could seek compensation for the following:
- Medical expenses – Past and future medical costs related to hospital stays, medical treatments, and physical therapy
- Lost wages – Income you lost or will lose in the future because your injuries impact your ability to work
- Pain and suffering – The physical pain and emotional suffering you experience due to your injuries
- Property damage – The cost of repairing or replacing personal property damaged or lost in the accident, such as your phone or laptop
- Permanent disability – Costs associated with accommodating your permanent disabilities, such as modifying your home to be wheelchair accessible.
What Happens If a Pedestrian Shares Fault for an Accident?
If a pedestrian shares fault for an accident, they typically cannot recover compensation for their injuries. Maryland follows the common law rule of contributory negligence. Under this rule, any victim who contributes to their injuries, even slightly, may be barred from recovering compensation. However, in some circumstances, exceptions to this rule may apply.
The contributory negligence doctrine is one of the significant reasons why it’s essential to hire a qualified personal injury lawyer to handle your case. An experienced attorney will know how to use the available evidence to present the strongest case showing that the motorist is at fault for the accident.
Does Maryland Place a Time Limit on Filing a Pedestrian Accident Lawsuit?
Under Maryland law, injured pedestrians have three years from the injury date to file a personal injury lawsuit against the party or parties responsible for their injuries. Your attorney can protect your right to seek compensation by making sure your lawsuit is filed within this deadline.
Contact a Silver Spring Pedestrian Accident Lawyer Near You
If a vehicle struck you as a pedestrian in Silver Spring, Maryland, contact Marks & Harrison for a free consultation about your case.
Our firm has fought for injured individuals and families for over 100 years and received national recognition for our hard work and dedication to our clients. We have a highly skilled team of 32 personal injury attorneys and over 130 support staff, ready to assist with your personal injury claim. Don’t wait. Call today and put us to work for you.
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