How a Pedestrian Accident Lawyer Can Help
If youāve been involved in a pedestrian accident, a dedicated, experienced attorney can be the key to seeking compensation for your damages. A pedestrian accident lawyer can begin an investigation of your accident to determine how the accident occurred and identify the party or parties who may be responsible.
A lawyer can handle negotiations with the insurance companies to pursue a fair settlement of your claims with full compensation. When a settlement is not possible, a pedestrian accident lawyer can help you pursue your claim in court. An attorney can advocate on your behalf before a judge and jury to seek a favorable verdict and judgment for you.
Understanding Your Insurance Coverage for Pedestrian Accidents
Under Maryland and D.C. law, you may be entitled to immediate coverage under certain automobile insurance policies. This coverage, known as personal injury protection (PIP), can provide immediate funds to cover losses such as medical expenses and up to 85 percent lost income due to missed work.
Payment is quick because PIP is considered no-fault coverage. Your insurer must cover you regardless of who was at fault for your pedestrian accident. The amount of PIP coverage depends on the amount elected when the policy was purchased, and usually ranges between $2,500 and $10,000.
Even if you do not own or drive a car, PIP coverage extends to a policyholder, the policyholderās immediate family, passengers in the covered vehicle, occupants of another vehicle involved in an accident, and pedestrians involved in an accident with a covered vehicle.
Even if you do not have your own auto insurance policy, you may be able to seek PIP coverage from a policy held by another family member in your household or from the policy of the vehicle involved in your pedestrian accident, without having to first determine whether the driver of that vehicle was responsible for the accident. If you use your own or a family memberās PIP coverage, you also do not need to be concerned about raising your rates by making a claim against your own policy.
If you carry auto insurance, you may be entitled to uninsured motorist (UM) or underinsured motorist (UIM) benefits even if you were a pedestrian at the time of the crash. These types of coverage can provide important compensation when the at-fault driver carried too little insurance, no insurance, or was a hit-and-run motorist.
Time Limits for Filing a Pedestrian Accident Claim in D.C. or Maryland
In Maryland and D.C., the law imposes a time limit for someone injured in a pedestrian accident to file a lawsuit to claim compensation for their injuries. This time limit is called the statute of limitations.
Under both Maryland and D.C. law, the statute of limitations for a personal injury claim arising from a pedestrian accident is three years from the date of the accident. A pedestrian accident victim who fails to file a lawsuit within three years will usually be forever barred from filing a court claim for compensation arising from their accident.
In certain narrow circumstances, courts may pause or extend the statute of limitations. This is often called ātollingā the statute of limitations. For example, Maryland and D.C. law tolls the statute of limitations for minors, allowing a minor to bring their claim within three years after their 18th birthday.
Common Injuries in Pedestrian Accidents
When a pedestrian is involved in an accident with a vehicle, they lack the protections available to occupants of cars, trucks, or buses. As a result, victims of pedestrian accidents are far more likely to suffer catastrophic injuries that can temporarily or permanently restrict their ability to work or perform the tasks of daily living.
Once a vehicle is moving more than 10 or 15 mph, the risk of catastrophic injuries in a pedestrian accident dramatically increases. Some of the most common injuries in pedestrian accidents include:
- Broken bones, especially arms, legs, shoulders, ribs, or vertebrae
- Lacerations, some of which may be sufficiently severe to cause massive bleeding, require surgery to repair, or leave a victim with permanent scarring
- Internal injuries, including internal bleeding or perforated or torn internal organs, all of which will likely require surgery to repair
- Soft-tissue injuries, including strains and tears of muscles, tendons, and ligaments
- Head trauma, including a fractured skull, concussion, brain bleed, coma, or other traumatic brain injuries
- Spinal cord injuries, including temporary paralysis caused by swelling on the spinal cord and permanent paralysis due to severed nerves
In the most violent accidents, pedestrians can be so severely injured that they die at the scene of the accident or shortly thereafter.
Talk to a Charles County Pedestrian Accident Lawyer Now
If you have been involved in a pedestrian accident in Charles County or elsewhere in Maryland or D.C., donāt wait another day before pursuing the compensation you need and deserve to help you recover from your injuries.
Contact Trollinger Law LLC today to schedule a free consultation to discuss your case. Talk to our pedestrian accident lawyer near you in Charles County and learn more about how we can help you pursue your claim for compensation.