How is Fault Determined in a Pedestrian Accident?

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pedestrian accident

When a pedestrian accident happens, an investigation to determine fault is necessary. This can help an accident victim figure out whether they can sue, how many parties are involved, and more. If you got hurt in a pedestrian accident and you are thinking about pursuing compensation, you may want to talk to a Prince George’s County pedestrian accident lawyer about your options.

How Can Fault Affect a Pedestrian Accident Case?

In many pedestrian accident cases, the driver is often the one to blame. Irresponsible behavior behind the wheel can easily lead to the injury or even death of pedestrians or others who share the road with them. Common causes of pedestrian accidents include:

  • Speeding
  • Distracted driving
  • Driving under the influence of alcohol and drugs
  • A driver ignoring traffic signals

Cases can get more complicated when another third party gets involved. Let’s say that the car was speeding, but the driver did try to react and hit the brakes. An investigation shows that there is something wrong with one of the car’s components, affecting its ability to stop. A victim might also be able to sue that car parts manufacturer.

Finally, it’s also important to note that a pedestrian can be partially blamed for an accident. If someone jaywalks, ignores the crossing signals, or doesn’t pay attention to what’s on the road due to their phone or another distraction, they should end up with a portion of the blame.

What Should I Do After a Pedestrian Accident?

If you get injured as a pedestrian, you can start gathering evidence and building a case right away. We recommend that you:

  • Take pictures of the accident scene
  • Call the police so that they can make a report
  • Avoid making statements to any insurance company
  • Get contact info for any witnesses
  • Receive medical care as soon as possible

What Damages Can I Recover After an Accident?

After an accident, you can sue for economic and non-economic damages. Economic damages are for the more quantifiable costs of the accident, like medical bills and your lost wages. Non-economic damages are there to make up for the trauma caused by the accident, like difficulty living with a disability or any other pain and suffering caused by the accident.

There is one caveat though. You cannot be at all responsible for the accident. If you are even slightly to blame for what happened, you cannot sue for damages in Virginia, Maryland, or Washington, D.C. This can be another good reason to hire a lawyer. An experienced attorney from our firm can help defend you from accusations of wrongdoing and build a case against those parties who are really at fault.

Talk to a Lawyer Today

If you were hurt in an accident, contact McCarthy, Winkelman & Mester, L.L.P. to schedule a free consultation. We can take a closer look at your case and let you know more about how an attorney can help you pursue the compensation that you deserve.


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