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What Damages are Recoverable in a Maryland Pedestrian Accident Claim?

Drivers are legally obligated to watch for pedestrians who may be walking, whether or not they are in a crosswalk. Pedestrian accidents typically happen because drivers are often in a rush and the roads are busy, making it harder for a driver to spot a pedestrian. Pedestrians can also be knocked down by bicycles or someone’s unleashed dog. Even seemingly minor pedestrian accidents can result in major injuries.

It is important to speak with a skilled Maryland personal injury attorney right away if you have been injured in a pedestrian accident. The other side will be trying to find some percentage of fault against you, which would mean you are barred from recovery in Maryland.

In the meantime, here is a look at some of the damages you can recover in a pedestrian accident that is not your fault.

Recoverable Damages in Pedestrian Accidents

Each case is different, which means the types of damages you may be awarded will vary based on the circumstances. Some of the more commonly awarded economic damages include:

  • Ambulance / Paramedic Charges
  • Emergency Room Services
  • Hospital Charges
  • Medical Bills, Surgery, Medical Equipment
  • Future Medical Bills and Treatment
  • Rehab Facility
  • Lost Wages
  • Future Loss of Earnings

Economic damages are ones that are quantifiable and designed to reimburse you for expenditures related to the accident. Non-economic damages are subjective and can vary based on the judge or jury. These can include things like emotional distress and/or pain and suffering.

Punitive Damages

Punitive damages may be awarded in very select cases. These are damages that go above the amount the judge or jury awards. Punitive damages tend to be high, as their purpose is to deter the defendant from doing the same thing again in the future. Each state has its own rules on whether punitive damages can be awarded. Maryland does allow them, but do not expect them in every case. They are only applicable when the defendant’s actions constituted gross negligence, or it was so egregious, the judge or jury felt the defendant needed to be “punished.”

Proving Liability in a Pedestrian Loss

Whether or not your case is successful will depend on whether you have the ability to prove the other party was negligent and the one who caused your injuries. Some elements that can help prove liability against the other party include:

  • Driver received a ticket for speeding or reckless driving;
  • Driver was distracted at the time of the loss;
  • Driver was under the influence of alcohol or drugs; or
  • Driver had road rage.

Some factors contribute to a majority of pedestrian losses:

  • Pedestrian walking in a crosswalk that is unmarked;
  • Pedestrian is walking at nighttime on a dimly lit road;
  • Driver did not watch out for the pedestrian;
  • Driver was making a left-hand turn; or
  • Driver was in quiet electric or hybrid vehicle.

Retaining a Maryland Pedestrian Accident Attorney

If you were involved in an accident and received injuries, it is important to contact a Maryland pedestrian accident attorney right away. Call the Law Office of Robert R. Castro at 301-870-1200 to schedule a consultation. Let us help protect your rights and get you the compensation you deserve for your pedestrian accident.

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