A woman crosses the street at a crosswalk.

Were You Hit by a Car or Truck While Walking?

A Portland pedestrian accident attorney at Lowry & Associates is here to help. Getting legal assistance is easy! Call us today to find out how we can support you in securing the compensation you may deserve.

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Your Pedestrian Accident Lawyer in Portland, ME

Our pedestrian accident lawyers know the roadways in Maine present many dangers to drivers, such as inclement weather conditions, potholes, and poor signage, among other hazards. However, the roads can also be dangerous places for pedestrians, especially when motorists fail to pay attention or yield the right of way.

At Lowry & Associates, we have been handling personal injury cases since 1971. 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 a Portland pedestrian accident lawyer about your legal options. These cases are time-sensitive, and waiting to file a claim may result in little to no compensation. Call us or fill out our free case review form to speak with our legal team today.

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It’s Easy To Get Started

Whether you contact us in person, over the phone, or with our simple online form, we are available 24/7 to begin working for you.

You Have Rights

If you suffered injuries due to the careless behavior of a motorist, you deserve to be compensated for what you endured. We can help you understand these rights, determine the amount you’re owed, and fight for a fair settlement from the insurance company.

Affordable Legal Representation

By offering cost-free case reviews and only charging legal fees when we win, we allow all Maine citizens access to skilled, affordable legal representation.

Table of Contents

Pedestrian & Driver Duties Under Maine Law

Maine law outlines specific duties for both drivers and pedestrians to ensure safety and reduce the risk of accidents.

  • Drivers are required to exercise caution when approaching intersections, yielding the right of way to pedestrians in marked and unmarked crosswalks.
  • Drivers must maintain a safe passing distance when overtaking pedestrians on the road and refrain from using mobile devices or engaging in other distractions that could compromise their ability to react.
  • Pedestrians are expected to follow traffic signals, use designated crosswalks whenever available, and avoid stepping into the path of an oncoming vehicle when it is unsafe to do so.
  • Pedestrians are also encouraged to stay visible, especially during low-light conditions, by wearing reflective clothing or carrying a light.

These responsibilities help foster shared accountability between drivers and pedestrians, aiming to make Maine’s roadways safer for everyone. When either party fails to uphold their legal duties, it can lead to serious accidents, often requiring legal intervention to determine liability.

Car Approaching Pedestrian Crossing The Street Stock Photo

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 pedestrian injury lawyers at the Portland location of 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.

Getting Our Clients REAL RESULTS

$1,000,000.00

Pedestrian Accident

$920,000.00

Car Accident

$900,000.00

Motorcycle Accident

$800,000.00

Truck Accident

$575,000.00

Premises Liability

$500,000.00

Dangerous Premises

$400,000.00

Dog Bite

$400,000.00

Motorcycle Accident

$350,000.00

Car Accident

$350,000.00

Motorcycle Accident

Do You Have a Case?

From 2017-2021, the Maine Department of Transportation (MaineDOT) reported 1,296 total pedestrian crashes throughout the state. Of these crashes, 67, or just over 5%, were fatal. While 1,169, or a bit more than 90%, resulted in some type of injury. Given these statistics, it is clear that only a small percentage of pedestrian crashes result in no physical bodily harm.

Maine is an at-fault state, meaning that when a negligent party causes a fatal or injury accident, they are liable to pay victims damages. Essentially, when a pedestrian accident in Maine happens, the injured pedestrian must show the following:

  • The driver had a duty of care to operate their vehicle responsibly so they would not cause harm to others.
  • This duty of care was violated by the driver’s negligence.
  • The pedestrian was injured as a result of the crash.
  • The pedestrian suffered damages.

When it can be shown that a driver was careless with their behavior and acted negligently and that this is the reason that the pedestrian accident happened, injured victims may be well-positioned to file a claim for financial compensation.

While there are traffic laws 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 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.

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)
  • Lacerations
  • Spinal cord injuries
  • Amputation
  • In extreme cases, death

While Maine has one of the longer statutes of limitations on pedestrian accidents in the U.S., it is not advised to delay filing your claim. The 6-year limit goes by quicker than you’d expect, and in some cases, it may be subject to change. 

To learn about the specific time limits set forth for your injury claim and to make sure you don’t miss the chance to recover your accident-related expenses, get in touch with us as soon as possible after your accident.

If You Were Hit by a Motor Vehicle While Walking, Call Lowry & Associates Today

Our attorneys are committed to simplifying the claims process for our clients and reaching favorable outcomes in their cases. If you want to be sure you’re getting every dollar you deserve, call or send us your case online for a free consultation.

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Compensation Available to Injured Pedestrians

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.

In Maine, punitive damages are awarded in exceptional cases where the at-fault party’s behavior is deemed especially reckless or intentional. Unlike compensatory damages, which are meant to cover medical expenses, lost wages, and pain and suffering, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future. However, these damages are not guaranteed and often require clear and convincing evidence.

Injured Bicyclist Stock Photo

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% of the blame for the accident, then your compensation amount will likely be reduced to $60,000.

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What’s Next?

During this free case review, the pedestrian accident team at Lowry & Associates will evaluate the details of your situation and offer our honest legal advice on your next steps

If you have a valid case and choose to work with us, we begin compiling evidence to support your claim right away. Evidence may include witness statements, pictures and videos of the injuries you sustained, expert testimony, and medical records.

Because we have extensive experience in this area of the law, we know exactly what it will take for the insurance company to account for the full extent of your damages.

Once we have constructed a sound argument for your maximum available damages, we will begin negotiations with the insurance company. This can be one of the most stressful parts of the process for an injured person, so we take some of the stress off your shoulders by handling these negotiations on your behalf.

When the insurance adjuster calls, send them straight to your legal allies at Lowry & Associates!

If negotiations are successful, you will be offered a settlement that you may choose to accept. Your attorney stays by your side even after the settlement has been agreed upon to ensure that the check you receive is in agreement with the offer that was made.

Our Experienced Maine Pedestrian Accident Attorneys

Attorney James C. Beardsley of Lowry & Associates

Attorney James C. Beardsley

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Attorney Mary K. Larsen

Attorney Mary K. Larsen

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Attorney Ashley H. Winslow

Attorney Ashley H. Winslow

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Attorney Colin Reilly

Attorney Colin B. Reilly

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Pedestrian Accident FAQs

In Maine, the driver who caused the pedestrian accident is typically held liable for the injuries and damages suffered by the pedestrian. However, liability can also be assigned to other parties, such as the vehicle manufacturer, a government agency responsible for road maintenance, or a business owner who failed to maintain safe conditions on their property. 

Our team at Lowry & Associates will thoroughly investigate the circumstances of your case to determine all potential sources of liability.

Maine follows a modified comparative negligence rule, which means that a pedestrian who is partially at fault for the accident can still recover damages in a lawsuit as long as their percentage of fault is less than 50%. Any damages awarded will be reduced by the injured person’s percentage of fault. 

For example, if the pedestrian is found to be 20% at fault for the accident, their damages will be reduced by 20%. This would turn $50,000 worth of total damages into a $40,000 settlement. Our team will work to minimize any allegations of fault against you and maximize your potential recovery.

While it is technically possible to file a lawsuit in Maine without an attorney, it is not advisable. Personal injury law involves challenges from insurance companies as well as specific legal procedures that must be followed exactly. 

Hiring an attorney from Lowry & Associates who has experience representing injured pedestrians can significantly increase your chances of receiving a fair settlement for your injuries and damages.

We proudly work on a contingency-fee basis, which means that we only get paid if we are able to recover compensation for you. Our fee is typically a percentage of the compensation you receive, and we offer a free initial consultation to discuss the details of your case and provide you with an estimate of our fees upfront.

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 pedestrian accident attorneys have provided 4 tips for you to consider in the event of a pedestrian accident:

  • Remain at the scene of the 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.
  • Call for help. 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. The responding police officers will evaluate the scene and write a report which will include important details pertaining to your accident that can possibly support your claim.
  • Collect evidence. If possible, be sure to collect important evidence including the police report, photos of the accident scene and your injuries, and any witness statements. Over time, it can be easy to forget the details of your accident, so recording everything in writing will ensure that nothing important is left out and that your account of the accident stays consistent.
  • Contact Lowry & Associates. Injured pedestrians face many challenges including dealing with the insurance companies and gathering documentation and medical records to support their claims. With a Portland 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. 

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