The harm that can result from a pedestrian being struck by a motor vehicle is typically severe and devastating. The injury lawyers at Lebowitz & Mzhen Personal Injury Lawyers, have represented residents of Baltimore and other Maryland communities in numerous accident claims for over 20 years. Our team of experienced professionals knows what it takes to investigate a collision and build a case against a careless driver who caused a pedestrian’s injuries.
Pursuing Compensation from a Negligent DriverPedestrian injuries almost always occur as the result of a motor vehicle accident. Whether it involves a car, truck, or motorcycle, a victim generally must establish that the driver responsible for his or her harm acted negligently. In a negligence action, a plaintiff must prove four elements. The first element is duty, which requires an injured individual to establish that the defendant owed him or her a duty of care. The duty of care requires every driver to operate his or her motor vehicle with the same ordinary care and skill that a reasonably prudent motorist would use in a similar situation. Next, the plaintiff must prove that the defendant breached that duty, and that the defendant’s breach was the direct cause of the victim’s injuries.
One of the most common causes of pedestrian injury accidents is distracted driving. In today’s technologically driven world, people frequently use their cell phones while driving by talking, texting, or even reading emails. Other causes include mechanical issues, like brake failures, or governmental liability, such as when a municipality designs an intersection poorly by failing to provide enough protections for pedestrians crossing the roadway.
After establishing duty, breach, and causation, a victim must show that he or she incurred damages as a result of the defendant’s breach. Some common examples of damages for a pedestrian accident are medical expenses and lost wages. Since the injuries that can occur from being struck by a moving vehicle are severe, victims often require a substantial period of time to recover before they are able to return to work. A negligent defendant usually must compensate an injured pedestrian for these lost wages.
In some situations, the injuries are so severe that the individual is unable to return to his or her occupation in the same capacity. If this results in the victim being forced to obtain a lower wage or salary, the defendant may also be liable for the plaintiff’s loss of future income. Sadly, many pedestrian accidents result in the victim’s death. In such a case, the surviving family members may bring a wrongful death claim to recover for the loss of their loved one.
Discuss a Pedestrian Accident Claim with a Maryland LawyerAt Lebowitz & Mzhen Personal Injury Lawyers, we understand the stressful and emotional time that your family is going through after one of your loved ones has been involved in a pedestrian accident. If you or someone you love has been hurt while walking or running in Washington, D.C. or anywhere in Maryland, our dedicated personal injury and wrongful death attorneys are ready to speak with you and help you evaluate your claim. The initial phone call and consultation meeting are free, and there is no obligation. Call us now at (800) 654-1949 or contact us online today to get started.
Yes. The victim of a car-to-pedestrian accident can make a Personal Injury Protection claim against the striking (or primary) driver's PIP coverage. If there was a second vehicle involved in the accident, the injured pedestrian can also make a claim against the other (secondary) driver’s PIP insurance. in which case the PIP benefit will be the larger of the two drivers’ coverages.
This is an important point to remember, since the minimum PIP coverage in Maryland is only $2,500, which also seems to be the norm. Yet, some drivers opt to carry higher amounts of PIP coverage with policies as high as $20,000. If the pedestrian injury accident involved an out-of-state vehicle, there may be a chance that driver’s PIP coverage could be even greater. In any case, the amount of Personal Injury Protection coverage will be listed on the insurance policy of the driver(s) involved in the crash.
When it comes to Maryland traffic accidents, pedestrians can easily receive serious and even life-threatening injuries. If you or a loved one has been hit by a car, truck or bus while walking, jogging or riding a bicycle, we encourage you to contact a skilled Maryland personal injury lawyer to understand your rights to damages under our state’s insurance and personal injury statues. The personal injury experts at Lebowitz & Mzhen, LLC, have the legal background and litigation experience to help you recover damages to help pay for doctor, hospital and physical therapy bills, as well as lost wages due to a serious pedestrian accident. Please contact us to arrange your free, no-obligation initial consultation.