Many traffic crash statistics focus on automobiles, so data on pedestrian accidents is important as a safety reminder. According to the National Safety Council (NSC), almost 18 percent of all vehicle collision deaths were people on foot. While pedestrians of all ages can be affected, the largest group of victims falls in the age range of 55 to 64 years old.
Pedestrian accidents can have devastating consequences, leaving victims with serious injuries and mounting expenses. If you’ve been injured in Maryland, filing a lawsuit may help you recover damages. Your first move should be consulting with an Owings Mills pedestrian accident attorney, but this step-by-step guide outlines the essential process.
1. Gather Evidence
Strong evidence is the foundation of any successful lawsuit. Start by collecting photographs of the accident scene, including skid marks, traffic signs, and weather conditions. Plus, if able, you should:
- Obtain copies of the police report.
- Gather witness statements to corroborate your version of events.
- Take photos with your cell phone to record the scene.
In addition, as you receive treatment for your injuries, retain copies of medical records. Documenting your injuries is essential for proving the impact of the accident on your life.
2. Prepare the Complaint
Once you’ve gathered evidence, the next step is drafting and filing the complaint. This legal document outlines your allegations, identifies the defendant, and specifies the damages you seek. Maryland courts require the complaint to be filed within three years of the accident under the statute of limitations.
3. Serve the Defendant
After filing the complaint, the defendant must be formally notified of the lawsuit through a legal process called service of process. In Maryland, this can be done via certified mail, private process servers, or law enforcement officers.
Proper service ensures the defendant is aware of the claims and can respond. Failure to serve the defendant correctly could delay or jeopardize your case.
4. Motions and Court Appearances
Once the lawsuit begins, both parties may file motions. These are formal requests for court rulings, such as motions to:
- Dismiss
- Compel evidence
- Suppress evidence
You may also need to attend court-ordered mediation sessions aimed at resolving disputes without a trial. In addition, throughout the duration of the case, there will be court appearances before the judge to report on the status.
Trial
During the trial, both sides present evidence, call witnesses, and make legal arguments. A judge or jury will then determine whether the defendant is liable and, if so, the amount of compensation owed.
Maryland follows a contributory negligence rule, meaning you must prove the defendant was entirely at fault to recover damages. If you’re found even slightly negligent, you might recover nothing.
Discuss Your Legal Remedies With a Baltimore County Pedestrian Accident Lawyer
Filing a pedestrian accident lawsuit in Maryland is a complex process, but you can pursue the compensation you deserve with the right preparation and legal assistance. To learn more about your rights, please contact the Law Offices of Michael A. Freedman in Owings Mills or Glen Burnie, MD. You can call 410.363.6848 or check out our website to reach our legal team.
