Frederick Pedestrian Accident Lawyer
If you are hit by a motor vehicle as a pedestrian, you may have a viable civil claim against the adverse driver. Our Frederick pedestrian accident lawyers have been handling tort cases for negligence and intentional conduct for nearly 70 years. Pedestrian accidents are unique in that the pedestrian and plaintiff does not have any insurance on his or her own vehicle because they are not in a vehicle at the time of accident. If you look at the specific language in your insurance contract, you will see it usually says you must be using your motor vehicle for the insurance to apply. Of course, there is much, much more that goes into this equation than just this.
The first thing your Frederick pedestrian accident lawyer will look at is the insurance policy of the adverse driver. If we can prove liability on the part of the driver, we can sue that driver. Then, his insurance coverage will protect him and pay you your rightful compensation. Of course, this assumes we can prove liability and the associated damages you incurred from the accident. Additionally, there are questions as to whether you have ever waived personal injury protection benefits on any of your own car insurance policies. If not, you may be eligible for additional benefits known as “no-fault” coverage.
Avoiding Pedestrian Accidents
Much of our practice involves reacting after the accident occurs. While some accidents are inevitable as a pedestrian, there are some precautions you can take. The first, and perhaps most obvious precaution, is to remain in designated pedestrian areas. This most commonly includes sidewalks and crosswalks. But even when in these areas, remain diligent. In 2023, drivers text and drive with unfortunate regularity. Thus, it is imperative to make sure a driver sees you and is stopping before you begin to cross, even when you have the legal right-of-way.
On the other hand, you too need to remain prudent. First, you have a legal duty to obey traffic laws. If you do not and are in a pedestrian accident, you may lose the right to recovery. This is because the defendant may be able to use a contributory negligence defense. This is permissible and totally bars any recovery by a pedestrian plaintiff if you are even 1% negligent. While the question of whether you are contributorily negligent is ultimately a jury question and can be argued by your Frederick pedestrian accident lawyer, you still must follow the letter of the law.
When you are in a pedestrian accident in Frederick, the very first thing to do is seek medical attention. More likely than not, you are suffering injuries when in an accident with a vehicle as a pedestrian. Once you get clear of the accident and have been treated by medical professionals, you can move to the next step. Step two is to collect information. This involves taking pictures of the wreckage, street signs, license plate of the vehicles, and witness information if possible. Witness contact information can be invaluable if we need to go to court later on to corroborate your story.
Third, you should contact your Frederick pedestrian accident lawyer. An attorney is going to help you get everything in order. They will make sure you are receiving medical treatment, recording your time off from work, and taking notes of your ongoing pain and suffering. These are all things you can obtain compensation for down the line. Of course, the legal process can be lengthy. Much of it requires patience on the client’s end. Once you have legal representation, your job is just to get healthy. Focus on your recovery, and let your Frederick pedestrian accident attorney take care of your case.
Speak with a Frederick Pedestrian Accident Lawyer
If you are in a car, truck, bike, or motorcycle accident as a pedestrian, reach out to a Frederick pedestrian accident lawyer to discuss your options. Our consultations are always free. We look forward to speaking with you.