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 handled tort cases for negligence and intentional conduct for nearly 70 years. Pedestrian accidents are unique in that the pedestrian and plaintiff have no insurance on their vehicle because they are not in a car at the time of the accident. If you look at the specific language in your insurance contract, 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 adverse driver’s insurance policy. If we can prove liability on the driver’s part, 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 about whether you have ever waived personal injury protection benefits on any of your car insurance policies. If not, you may be eligible for additional benefits known as “no-fault” coverage.
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 most obvious precaution is to remain in designated pedestrian areas. This most commonly includes sidewalks and crosswalks. But even when in these areas, I want you to please stay diligent. In 2023, drivers text and drive with unfortunate regularity. So, it is essential to ensure a driver sees you and stops 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 bars any recovery by a pedestrian plaintiff if you are even 1% negligent. While 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 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 plates of the vehicles, and witness information if possible. Witness contact information can be invaluable if we need to go to court later to confirm 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 to get healthy. Focus on your recovery, and let your Frederick pedestrian accident attorney take care of your case.
If you are in a car, truck, bike, or motorcycle accident as a pedestrian, contact a Frederick pedestrian accident lawyer to discuss your options. We always have our consultations free. We are excited to speak with you.