Maryland Car Accident Attorney Blog
Pedestrian accidents often occur when a driver fails to operate their vehicle safely. The injuries resulting from a pedestrian accident can be especially severe. To recover compensation for their injuries, victims of a pedestrian accident can pursue a negligence lawsuit against the responsible driver. Understanding the legal elements of a negligence lawsuit is an important step toward bringing a successful claim.
As a recent news article reported, a woman tragically died after a pedestrian hit-and-run accident in Seat Pleasant, Maryland. When responding to the scene, local police found the pedestrian in the roadway. The driver who struck the pedestrian had fled the scene of the crash. Investigators are still working to identify the hit-and-run driver.
What Damages Are Available in a Maryland Pedestrian Accident?
If you suffer serious injuries in a pedestrian accident, you can pursue several types of damages awards. The damages you receive will often fall under the umbrella of compensatory damages. Compensatory damages intend to place the plaintiff in the same position they were in before the accident giving rise to their claim. They include medical costs resulting from the accident, including hospital bills as well as current and future treatment needs. Additionally, you can pursue compensatory damages to recover lost wages due to your injury, which includes lost future earnings. The law considers these to be pecuniary damages, meaning they have a clear dollar amount attached to them. You can also pursue non-pecuniary damages that are harder to quantify, such as pain and suffering or emotional distress. This type of compensatory damages award intends to compensate plaintiff for the emotional harm that comes along with a serious accident.
How Can You Recover Damages in a Maryland Pedestrian Accident?
To recover damages for a pedestrian accident, you need to prove the legal elements of negligence. To do so, you must first prove that the defendant owed you a duty to operate their vehicle with ordinary care. Then, you must show that the defendant breached that duty by operating their vehicle carelessly. You must also prove that the defendant’s carelessness caused the accident rather than other intervening causes, such as a faulty brake. Finally, you need to show that you suffered injury as a consequence of the accident. To receive damages for your injuries, the law requires you to prove these four elements by a preponderance of the evidence, meaning it is at least 51% likely that the defendant’s negligence caused your injuries. A skilled Maryland personal injury attorney can help you develop the strongest case to recover compensation after a pedestrian accident.
Have You Been Hurt in a Maryland Pedestrian Accident?
If you or someone close to you has suffered injuries in a Maryland pedestrian accident, contact the personal injury attorneys at Lebowitz & Mzhen to discuss your case. Our attorneys possess decades of combined experience representing accident victims throughout Prince George’s, Charles, Baltimore, and Montgomery County. We understand the emotional toll pedestrian accidents can take on victims and their families. Through our compassionate and skilled representation, we have secured significant damages awards for our clients. To schedule a free initial consultation, call our office at (800) 654-1949.