Timeline of a Maryland Pedestrian Accident Claim

Baltimore, MD ranks among the Top 15 most walkable large cities in the US, with Downtown and neighborhoods like Mount Vernon and Fells Point scoring 95+ points for pedestrian traffic. Of course, there is also heavy traffic from passenger cars, pickups, delivery trucks, and other commercial motorized vehicles in urban areas. Combined with the volume of bicycle riders, motorcycles, and e-scooters, these conditions put people on foot at a high risk of pedestrian accidents. According to the Maryland Department of Transportation (MD DOT):

• Every year, 115 individuals are killed in auto crashes while walking. Statewide, there are 530 fatalities in all traffic-related accidents, so approximately 1 in 5 of the total deaths are pedestrians.
• There are more than 2,900 injury-causing pedestrian accidents in Maryland annually, and approximately 3,300 victims are hurt in these incidents.
• Baltimore County ranks high for pedestrian accidents at 493 total collisions, but the risks are extreme in Baltimore City. More than 950 victims are hurt and 16 people are killed in the 1,066 crashes involving walkers annually.

Even if you do not have a legal background, you are probably aware the Maryland personal injury laws provide you with legal remedies as the victim of a pedestrian accident. What you may not realize is that there are multiple steps to enforcing your rights. Two of the most important ones are up to you — getting proper medical care and retaining a pedestrian accident attorney. Having legal representation ensures a smooth process through other stages, including:

Gathering Evidence

Your rights to compensation after a pedestrian crash are not automatic, so you will need proof to support your claim. These cases are typically based upon the concept of negligence, which requires you to show that the at-fault motorist breached the legal duty to drive carefully. The other key aspect of evidence in a pedestrian accident is the nature and severity of your injuries, for purposes of determining your losses. On these points, it is important to collect:

• All medical records related to treating your injuries, including surgery, hospitalization, physical therapy, pain medications, and out-of-pocket costs;
• Paystubs, income tax returns, and other details regarding lost wages if you were unable to work;
• Evidence from the scene of the pedestrian accident, such as photos of your injuries, damage to the vehicle, conditions at the intersection, traffic signals, lane markings, and skid marks; and,
• Contact information from witnesses.
• Video footage from intersection traffic cameras or nearby businesses.

Filing an Insurance Claim

Once you gather all essential evidence, you can prepare to file your pedestrian accident claim with the responsible driver’s insurance company. There is more to the process than just filling out a few forms, and keep in mind that insurers are businesses first and foremost. These companies focus on maximizing profits and minimizing losses, and your claim represents a substantial loss. The claims adjuster assigned to your case will try to find reasons to deny it.

One tactic by insurers is to allege that YOU were responsible for causing the incident. Under Maryland’s contributory negligence law, you are barred from recovering compensation if you were even slightly at fault. Examples of pedestrian negligence include jaywalking, crossing an intersection against the light, or not using a sidewalk. The insurance company might try to obtain a statement from you before you have hired counsel wherein they attempt to get you to admit some action wherein they can later argue that you were partially at fault for causing the incident. This is why it is generally always a good idea to speak with an attorney before providing a statement (especially a recorded statement) to an adverse insurance carrier.

Settlement Negotiations

Instead of immediately rejecting your pedestrian accident claim, the insurance company might make a counteroffer to settle. The amount will rarely be sufficient to cover your losses, but it does open the door for settlement discussions. There are many advantages to settling — an agreement makes for quicker payment and lower legal fees, and settlement provides certainty over going to trial and risking a loss.

Still, you must ensure that the settlement amount is fair and reasonable in terms of covering your losses. You may be entitled to:

• Medical costs for all treatment;
• Lost wages;
• Pain and suffering;
• Scarring and disfigurement;
• Amounts based upon how your injuries affect your relationships with loved ones; and,
• Losses from diminished quality of life.

Pedestrian Accident Lawsuit in Court

If the insurer refuses to pay a fair settlement amount, your next step will be suing in court. This part of the timeline encompasses multiple stages, including:

Drafting the Complaint: You initiate litigation by filing a complaint that states the important facts surrounding the pedestrian accident. As plaintiff, you will also allege the losses you sustained because of your injuries and request that the court award monetary damages as compensation.

Motion Practice: There will likely be motions on both sides of the case, so you must raise those that favor your position and fight those brought by the defendant.

Discovery: The parties are required to exchange certain information that might be used at trial, and discovery tools are the method for doing so. Your attorney may submit requests for documentary evidence, answers to written interrogatories, and admissions of fact – and will need to respond to discovery requests from the defendant.

Depositions: Another aspect of discovery is depositions, and it is likely that you will be called as a deponent. During the deposition, opposing counsel will ask questions about the facts of the pedestrian accident, your injuries, and other relevant details.

Trial: Your case will be scheduled for trial, a proceeding that involves:

• Voir dire, i.e., juror selection;
• Opening arguments by the respective parties;
• Calling and cross-examining witnesses;
• Presenting documents and other exhibits as evidence;
• Closing arguments;
• Jury deliberation, or deliberation by the judge in a bench trial;
• Reading the verdict.

Our Maryland Pedestrian Accident Lawyers Can Provide Further Details

It is helpful to get some general insight on what happens during different stages, but this timeline of a pedestrian accident case is by no means exhaustive. Rather, it just reveals some of the challenges you might encounter. As no two cases are alike, an attorney upon reviewing the facts and law applicable to your personal case, can provide you with more specific legal advice and create a personally tailored strategy to handle your unique situation.

To learn more about our legal services, please contact our Baltimore or Virginia offices to set up a complimentary consultation.