The roadways in Maine present many dangers to drivers, such as inclement weather conditions, potholes, and poor signage, among others. However, the roads can also be a dangerous place for pedestrians, especially when motorists fail to pay attention and/or yield the right of way.
Hurt in a Pedestrian Accident?
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We Understand Your Worry. We Can Help
Pedestrian accidents are, oftentimes, devastating and can result in serious injuries. If you or a loved one was injured in an accident due to a negligent driver, our team of Portland, ME, pedestrian accident lawyers at Lowry & Associates can help.
It’s important to act fast after this type of accident, so don’t wait to contact our law firm. We’ll review your case and inform you of your legal options. Our experienced legal team has helped many injured victims obtain the compensation they deserve. We understand the challenges you’re likely facing after your accident, so don’t hesitate to contact us for help.
Common Causes of Pedestrian Accidents
While there are traffic laws are in place to protect drivers and pedestrians on the roadways, these laws are not always followed, leading to accidents and serious injuries. Some of the most common causes of pedestrian accidents include:
Driving Under the Influence – Driving while intoxicated affects your ability to safely operate your motor vehicle and respond quickly in emergency situations on the roads. Alcohol impacts your hand/foot coordination and other vital skills necessary to drive safely.
Distracted Driving – Driving while distracted is extremely dangerous. Distracted driving includes anything that takes your attention off of driving, such as texting, talking on the phone, and changing the radio station. When a driver is not completely focused on the road, they’re more likely to hit a pedestrian.
Speeding – Speed limits are enforced to protect all those on the roads. When you fail to follow the posted speed limits, especially in areas with more pedestrians, it can result in serious injuries.
While these are some of the most common causes of pedestrian accidents, there are many other possible factors. If you or a loved one was involved in a pedestrian accident, it’s vital to know how to properly handle the situation.
4 Tips to Consider After an Accident
The moments after being hit by a vehicle will likely be stressful and chaotic. However, the manner in which you choose to proceed can impact your ability to obtain any compensation you may be entitled to later on.
With this in mind, our Portland, ME, pedestrian accident lawyers have provided four tips for you to consider in the event of a pedestrian accident:
After an accident, it’s crucial to remain at the scene until emergency services arrive. Fleeing the scene can not only damage your chances of compensation in the future but result in criminal charges.
If you’re able to call 911, be sure to do so. Once help arrives, emergency responders will transport you to a hospital, if necessary.
Also, the responding police officer and/or officers will evaluate the scene and write a report. This report will include important details pertaining to your accident that can possibly support your claim.
Evidence plays a significant role in determining fault in pedestrian cases. If possible, be sure to collect important evidence including the police report, photos of the accident scene and your injuries, and any witness statements.
Additionally, writing down every detail related to your accident can help support your case. Over time, it can be easy to forget the specifics, so recording everything immediately will ensure that nothing important is left out and your account of the accident stays consistent.
Injured pedestrians face many challenges including dealing with the insurance companies and gathering documentation and medical records to support their claims. With a pedestrian accident lawyer, you don’t have to handle these challenges alone. Our legal team will review your case and guide you through the difficult legal process.
If you suffered injuries due to the careless behavior of a motorist, you deserve to be compensated for what you endured. Keeping these four tips in mind after an accident may help strengthen your case and protect any compensation you’re owed should you decide to file a claim.
Determining Who’s at Fault
Determining who should be held responsible after a pedestrian accident can be complicated. Both drivers and pedestrians have a legal responsibility to use care when driving or walking on the roadways. Unfortunately, not all drivers and pedestrians act responsibly, leading to serious injuries and even death, every day.
In some cases, both the driver and the pedestrian may have acted negligently. Every state has laws that govern these types of accidents. In the state of Maine, we follow what is known as modified comparative negligence.
Modified Comparative negligence reduces the amount of compensation a victim can receive based on their contribution to the accident. For example, if you’re eligible for $100,000 in damages but are found to share 40 percent of the blame for the accident, then your compensation amount will likely be reduced to $60,000.
To learn more about the laws surrounding pedestrian accident claims in Maine, visit the Maine Legislature’s website.
Injuries After an Accident
Pedestrian accidents often result in some type of injury due to the lack of protection. While there are various injuries that can occur, some of the most common include:
- Broken bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
Injured Victims Have Rights
Pedestrians have legal rights on the roadways, however, drivers often fail to remember those rights. Generally, pedestrians that are hit by careless motorists suffer serious injuries that require an extensive recovery process. In these cases, compensation may help cover the following:
Medical bills can become overwhelming after an accident. Compensation can account for expenses such as doctor’s appointments, surgeries, and any ongoing rehabilitation.
In addition to physical injuries, pedestrian accidents can cause severe mental and emotional anguish that may negatively impact a person’s life. In this case, you may be able to receive compensation to account for the pain and suffering you were forced to endure. While this type of compensation can’t undo what happened, it can help you begin to move forward after the accident.
Some injuries may prevent you from working and/or require time away from work to attend medical appointments. In this case, compensation can help cover any lost wages.
If you’re eligible to receive compensation, our team can calculate a reasonable settlement amount. Keep in mind that the amount you’re entitled to depends on many different factors, such as the severity of your injuries and the time it takes for you to recover.
Ways to Stay Safe as a Pedestrian
Listed below are some tips to help pedestrians stay safe on the roadways:
- Ensure that you are visible to drivers on the road – Drivers will have a difficult time seeing you if you’re wearing dark clothing. If you’re walking along the road, make sure to wear bright clothing, so that you are more visible to drivers.
- Don’t assume that drivers can see you – While drivers should always pay attention to pedestrians, it does not mean they will. For this reason, it’s best to never assume that a driver can see you. Always make sure that you pay attention to your surroundings and check the road before crossing.
- Use crosswalks – If possible, always use crosswalks. If a crosswalk is not available, be even more cautious when crossing the road.
Trusted. Experienced. Dedicated.
At Lowry & Associates, we have over 25 years of experience handling personal injury cases. From our attention to detail to our dedication to fighting for the compensation our clients deserve, you can trust that your case is in qualified hands.
We understand how quickly medical bills can accumulate and that you may be unable to work due to your injuries.
If you or a loved one suffered injuries in a pedestrian accident that was not your fault, you may be entitled to compensation. Please don’t wait to speak with our Portland, ME, pedestrian accident lawyers about your legal options. These cases are time-sensitive and waiting to file a claim may result in little to no compensation.
Our experienced pedestrian accident lawyers serve Maine residents in Portland and Bangor and will work tirelessly to hold the people who caused your injuries accountable. Call our law office at 207-775-3819 or fill out our free case review form below to speak with our legal team today.