Determining Damages in a Maryland Pedestrian Accident Case

By Harold Dwin on May 21, 2024 | In Personal Injury

What Damages Are Available in a Maryland Pedestrian Accident?

Maryland drivers are involved in about 3,000 crashes with pedestrians every year. Pedestrian accidents are almost always catastrophic for the person on foot, resulting in devastating injuries and even fatalities.

If you were injured in a pedestrian accident in Maryland, it is crucial to hire experienced attorneys who can guide you through the legal process for pedestrian accident claims. Without legal help, you might struggle to get the compensation you need to pay for your injuries, offset your lost income, and compensate you for your pain and suffering.

Types of Compensatory Damages for Pedestrian Injuries in Maryland

Pedestrian car accident victims can seek fair compensation for the consequences of their serious injuries suffered in the collision, including:

  • Medical expenses – Compensatory damages for medical expenses reimburse victims for medical bills related to the accident, including emergency room visits, surgeries, doctor’s appointments, medication, and physical therapy.
  • Lost wages and income replacement – Pedestrian victims often cannot work after the accident and may be entitled to compensation for the income they’ve lost as a result.
  • Pain and suffering – Beyond physical injuries, compensatory damages for pain and suffering provide financial compensation for physical discomfort and mental anguish.
  • Compensation for emotional distress – Being in a violent car accident is a frightening experience that can leave injured pedestrians with mental health injuries for which they should be compensated.
  • Property damage reimbursement – Injured pedestrians should be reimbursed for repairing or replacing personal property, such as handbags, jewelry, and electronic devices damaged in the collision.

In addition to compensatory damages, some exceptional personal injury cases may warrant punitive damages intended to punish the responsible party and deter similar behavior.

Legal Rights and Options for Pedestrian Accident Victims in Maryland

Your rights after a pedestrian accident hinge on insurance coverage. Claims typically start with the personal injury protection (PIP) policy insuring the vehicle that hit you. PIP insurance provides immediate coverage for medical care and lost income. If your injuries are severe or the driver waived that portion of their policy, you can file a personal injury claim against the driver.

An attorney may advise filing a personal injury lawsuit, which requires evidence showing that the driver was at fault for causing the accident. Evidence needed for a pedestrian accident claim might include eyewitness testimony, police reports, medical records, and accident scene photographs.

Expert testimony may also be necessary, especially under Maryland’s contributory negligence laws, which bar injured parties from recovering compensation if they are in any way at fault for their injuries. Under Maryland law, pedestrians may be contributorily negligent if any carelessness on their part played a role in the accident. For example, if a driver hits a pedestrian who failed to use a crosswalk or crossed the intersection diagonally, the driver might claim contributory negligence.

If the motorist at fault for the accident had no insurance coverage or not enough to pay for all of your losses, you might be entitled to claim damages from your auto insurance policy’s uninsured motorist (UM) or underinsured motorist (UIM) coverage, even though you were on foot instead of driving.

Hiring a pedestrian accident lawyer now is crucial to asserting your legal rights. One reason is that Maryland’s pedestrian accident statute of limitations sets a three-year deadline from the accident date to file a claim. Failure to file a pedestrian accident case during that time generally precludes recovery.

How Our Pedestrian Accident Attorneys Can Help You

The pedestrian accident lawyers with Cohen & Dwin, P.A., can conduct a thorough investigation of the pedestrian accident to determine what happened and build a solid legal claim against the negligent driver. Next, we’ll gather your medical reports and other documentation to calculate your losses. Then, we’ll communicate with the insurance company to pursue a fair settlement of your claims. If negotiations fail, our personal injury attorneys are ready to fight for you in court.

Are you ready to put us to work on your claim? Contact Cohen & Dwin, P.A., today for a free consultation with an experienced personal injury attorney.

Attorney Harold Dwin

Attorney Harold P. Dwin, co-founder of Baltimore premier law firm Cohen & Dwin, P.A., is proud to be able to help clients in need by simplifying complex legal matters and solving legal problems that cause immeasurable stress.