You may walk along busy roadways and cross intersections as you go about your daily activities. Even if you remain aware of your surroundings, there is still a chance that a driver’s negligence results in a collision.
If you have been injured by a vehicle, an Upper Marlboro pedestrian accident lawyer could help you recover compensation for your losses. By filing an injury claim with a personal injury attorney, you could secure compensation to cover the costs of the accident, including medical bills and lost income.
Common Causes of Pedestrian Accidents
A pedestrian collision can cause serious injuries, even if the driver is traveling at a relatively low speed. A person struck by a car can sustain injuries like broken bones, organ damage, and traumatic brain injuries.
Ideally, drivers should pay attention to pedestrians on sidewalks or crosswalks. However, sometimes, a driver may not exercise proper caution and cause an accident. For instance, a driver might be distracted and fail to stop at a stop sign or red light, or a driver might swerve to avoid another car or obstacle, causing them to hit a pedestrian.
In some cases, a driver might become incapacitated while operating their vehicle and be unable to avoid a crash in time. A fatigued driver or a driver under the influence of drugs or alcohol could lose control of their vehicle or fail to react before hitting a pedestrian.
After an accident, a victim’s focus should be on recovering and receiving medical treatment. An Upper Marlboro attorney could help a person file for compensation after a pedestrian accident and handle the claims process.
Filing a Compensation Claim
Filing a compensation claim after a pedestrian accident begins with providing an account of what happened and who is responsible. Most accident claims depend on another person’s negligence, meaning that someone must have acted recklessly, directly causing another person’s injuries.
Negligence claims require evidence of several elements, including:
- Damages
- Causation
- A duty of care
- Breach of that duty
In the case of a pedestrian accident, all drivers have a legal duty to drive carefully and safely, and reckless driving constitutes a breach of that duty. A plaintiff also needs to show that the driver’s breach caused the accident and their injuries, which can be expressed in categories of damages, such as medical costs, lost wages, and pain and suffering.
A pedestrian accident attorney in Upper Marlboro could gather evidence of these elements to build a strong claim for compensation. They could interview eyewitnesses, obtain police reports, and secure surveillance footage of the accident in order to show that the driver should be held responsible.
Moving quickly is also essential, as legal claims need to be brought within the statute of limitations. In Maryland, injury claims must be filed within three years of the accident under Maryland Code, Courts and Judicial Proceedings §5-101. If a victim of a pedestrian accident does not file a claim within this period, they could lose their right to pursue compensation from the driver.
Speak With a Pedestrian Accident Attorney About Your Upper Marlboro Claim
You do not have to navigate bringing a legal claim on your own. Instead, you can work with an experienced Upper Marlboro pedestrian accident lawyer who will fight for you and your interests.
At Langford Law, our managing partner is a proud Howard University School of Law graduate. Eddie Langford is ready to represent you as you recover from your injuries. To learn more, contact our office to schedule a consultation to discuss your case.