Portland, Maine Pedestrian Accident Lawyers
If you were hit by a car, we’ll fight for you
Pedestrian accidents often have devastating outcomes. Every day, countless individuals travel on foot through the roads of Maine. It is in these moments, when a motorist and a pedestrian collide, that the need for justice and support becomes vital.
At Romanow Law Group, we understand the profound impact that pedestrian accidents can have on the lives of victims and their families. The effects go far beyond physical injuries, encompassing emotional distress, financial burdens, and a shattered sense of security. That is why we are here – to extend a helping hand and provide legal representation when you need it most.
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FAQ About Pedestrian Accidents
- Why do pedestrian accidents happen?
- How much is my pedestrian accident case worth?
- What pedestrian accident expenses can I be compensated for?
- Who’s responsible for paying for my pedestrian accident?
- How is fault determined in a pedestrian accident?
- Can I recover compensation if I was partially at fault for the accident?
- Should I accept a settlement offer from the driver’s insurance company?
- Why is dealing with insurance companies challenging after a pedestrian accident?
- Can I sue the driver who caused my pedestrian accident?
- How long do I have to file a pedestrian accident lawsuit in Maine?
- What if the driver who hit me was uninsured or fled the scene?
- Why should I hire a Maine pedestrian accident lawyer?
Why do pedestrian accidents happen?
Pedestrian accidents occur in various scenarios, each with its own set of specific conditions and contributing factors. But most involve driver negligence, where a motorist fails to exercise necessary care and caution while operating a vehicle. This may involve distracted driving, such as texting or talking on the phone, which diverts the driver's attention from the road and pedestrians. It can also involve speeding or disregarding traffic signals and signs.
Another factor in pedestrian car accidents is impaired driving. When drivers operate vehicles under the influence of alcohol or drugs, their reaction times are slowed, and their judgment is impaired, putting pedestrians at significant risk. These impaired drivers may fail to yield to pedestrians in crosswalks, drift onto sidewalks, or exhibit erratic driving behavior that endangers those on foot.
Poorly designed or maintained roadways can also contribute to pedestrian accidents. Insufficient lighting, lack of crosswalks or pedestrian signals, and inadequate signage can make it difficult for both drivers and pedestrians to navigate safely.
How much is my pedestrian accident case worth?
The total value of a pedestrian accident often depends on many different factors. No two cases are ever the same. That’s why it’s important to look closely at the specific details of your situation. Some of the biggest factors that can influence your case value include:
- Severity of your injuries – Serious or permanent injuries typically lead to higher compensation because of long-term medical costs and lasting impact.
- Length of recovery – The longer it takes you to recover, the more medical treatment you need and the more time you’re likely to miss from work.
- Ability to return to work – If you can’t go back to your previous job or are forced to change careers, your lost income can significantly increase the value of your case.
- Future medical care needs – Ongoing physical therapy, surgeries, or in-home care can add to your financial losses.
- Pain and suffering – Physical pain, emotional trauma, and reduced quality of life are also considered when calculating your case value.
Every detail matters in determining what your case is worth. When you take all these factors into consideration, your case could easily be worth thousands of dollars or significantly more. Speaking with an experienced Maine pedestrian accident lawyer is the best way to get an accurate idea of how much compensation you may be entitled to for your accident.
What pedestrian accident expenses can I be compensated for?
Being hit by a car can lead to an overwhelming amount of expenses that quickly add up. Fortunately, Maine law allows injured pedestrians to pursue compensation for both current and future costs tied to their accident. These expenses should cover more than just medical bills. Common expenses that may be compensated include:
- Emergency medical treatment – Ambulance rides, ER visits, and hospital stays.
- Surgery and follow-up care – Any surgical procedures, checkups, or rehabilitation you need during recovery.
- Prescription medications and medical equipment – Costs for pain management, braces, wheelchairs, or crutches.
- Lost wages – Income you do not receive if you’re unable to work while you’re recovering from your pedestrian accident.
- Loss of future earnings – Compensation if your injuries prevent you from returning to your job or limit your career opportunities in the future.
- Property damage – Reimbursement for damaged clothing, phones, or other personal items from the accident.
- Pain and suffering damages – Acknowledgment of the emotional and physical toll of the accident.
Recovering compensation is about making sure you’re not left paying for someone else’s mistakes. A skilled pedestrian accident lawyer can make sure all of your damages (legal term for financial losses) are fully accounted for after your accident.
Who’s responsible for paying for my pedestrian accident?
If you were hit by a driver in Maine, you shouldn’t have to pay the price for their negligence. Determining who pays will depend on the circumstances of your accident and the available insurance coverage. In most cases, the at-fault driver and their insurer bear primary responsibility.
Here’s who may be responsible for covering your expenses:
- The driver’s liability insurance – Maine is an “at-fault” state, meaning the driver who caused the accident is financially responsible for the harm they caused.
- Your own auto insurance – If you have MedPay coverage on your own vehicle policy, it may help with medical bills even though you weren’t driving.
- Uninsured/underinsured motorist coverage (UM/UIM) – If the driver lacks enough coverage or flees the scene, your UM/UIM policy may step in and pay for your accident.
- Health insurance – Your health insurance may cover medical treatment upfront, but they may later seek reimbursement if you are awarded compensation by someone else for your accident.
Determining who pays isn’t always straightforward. An experienced Maine pedestrian accident lawyer can help identify every available source of compensation and make sure you aren’t left with unpaid bills.
How is fault determined in a pedestrian accident?
Fault in a pedestrian accident is usually decided by looking at the actions of both the driver and the pedestrian leading up to the crash. Police officers often play an important role, documenting the scene, taking witness statements, and making observations about how the collision occurred. Their report can influence how fault is assigned, but it is not the final word.
Insurance adjusters also investigate pedestrian accidents. They often review the police report, medical records, and any other available evidence to determine liability. Unfortunately, they may try to shift blame onto the pedestrian to reduce how much they have to pay. This is one reason why dealing with insurance companies on your own can be extremely difficult.
Ultimately, if your case goes to court, a judge or jury will decide who was at fault. They will review the evidence from both sides and decide whether the driver, the pedestrian, or both were responsible for the accident.
In each one of these scenarios, having an attorney can make sure your side of the story is presented loud and clear with strong evidence in support of your case.
Can I recover compensation if I was partially at fault for the accident?
Yes, you may still be able to recover compensation in Maine even if you were partially at fault. Maine follows a modified comparative negligence rule, which allows injured pedestrians to receive damages (compensation for financial losses) as long as they are not more than 50 percent responsible for the accident. However, your recovery is reduced by your percentage of fault.
For example, if you were found to be 30 percent at fault because you crossed the street outside a crosswalk, and your expenses add up to $100,000, your recovery would be reduced by 30 percent to $70,000. But if you are found to be 51 percent or more at fault, you would not receive any compensation. All of your financial losses would be your responsibility.
Because insurance companies sometimes try to exaggerate your share of fault to pay less, it’s critical to have a lawyer who can push back on your behalf. An experienced Maine pedestrian accident attorney can gather evidence, highlight the driver’s negligence, and fight to protect your right to fair compensation.
Should I accept a settlement offer from the driver’s insurance company?
It may be tempting to accept a settlement offer quickly, especially if bills are piling up after a pedestrian accident. But initial offers from insurance companies are often far lower than what you actually deserve. Accepting too soon can prevent you from receiving compensation for future medical treatment or other long-term expenses.
Once you accept a settlement, you give up your right to seek additional compensation. If complications develop later or your injuries prove more serious than initially thought, you will likely have to pay for these expenses out of your own pocket. This is why it’s risky to settle before knowing the full scope of your financial losses, now and in the future.
So what should someone do if they receive a settlement offer for their pedestrian accident? Have an experienced Maine pedestrian accident lawyer review any offer you receive. An attorney can determine if the offer is fair, calculate the true value of your claim and negotiate for a better outcome on your behalf.
Why is dealing with insurance companies challenging after a pedestrian accident?
Unfortunately, insurance companies sometimes resort to tactics that shift blame onto the pedestrian. This approach aims to minimize their liability and reduce the compensation they may owe for your injuries. A pedestrian accident attorney can help you become aware of these strategies and understand your rights and options in such situations.
One common tactic employed by insurance companies is to argue that the pedestrian was at fault or partially responsible for the accident. They may try to paint a picture suggesting that you were distracted or crossing the road unlawfully. Their hope is to potentially reduce or deny your claim.
Another strategy used by insurance companies is to downplay the severity of your injuries. They may argue that your injuries are not as severe as claimed or that they were present before the accident. Their goal is to undermine the extent of your injuries and minimize the compensation they would be obligated to offer.
Insurance adjusters may also attempt to take advantage of any statements you make after the accident. They might use your own words against you, twisting them to suggest that you were partially responsible for the accident. It's important to remember that insurance adjusters are skilled at their job – and their job is to extract information that could be detrimental to your case. The right pedestrian accident lawyer can level the playing field.
Can I sue the driver who caused my pedestrian accident?
Yes, you have the right to take legal action against the driver who caused your Maine pedestrian accident. A lawsuit allows you to pursue full compensation for your medical bills, lost wages, pain and suffering and other financial losses when the driver’s negligence is clear. This option is especially important if the insurance company refuses to pay fairly and makes a low settlement offer.
Filing a lawsuit also sends a strong message that you are serious about protecting your rights. While many cases settle before reaching trial, being prepared to go to court often leads to more reasonable settlement offers from insurers. Once insurance companies see that you’re ready to take legal action, many will negotiate in good faith rather than go to court.
If your case does go to trial, a judge or jury will decide whether the driver was at fault and how much money you are entitled to recover. Having a lawyer represent you ensures your case is built on solid evidence and presented effectively in court.
How long do I have to file a pedestrian accident lawsuit in Maine?
Maine has strict deadlines, known as the statute of limitations, for filing a pedestrian accident lawsuit. Generally, you have six years from the date of your accident to file a lawsuit seeking damages, which is compensation for your losses. Missing this deadline usually means losing your right to pursue compensation altogether.
While six years may sound like plenty of time, it’s important to act quickly. Evidence like video surveillance footage, witness memories, and police records can become harder to obtain as time passes. For example, some businesses or individuals might erase video footage of your pedestrian accident in only a matter of a few weeks or months. Waiting too long can weaken your case even if you file before the deadline.
The best approach is to consult with a Maine pedestrian accident lawyer as soon as possible after your incident. An attorney can help gather evidence, track down witnesses, protect your rights, and make sure your pedestrian accident lawsuit is filed well within Maine’s legal time limits.
What if the driver who hit me was uninsured or fled the scene?
If the driver who hit you was uninsured or fled the scene, you may still have options to recover compensation. Maine requires drivers to carry uninsured motorist (UM) coverage, which can step in to cover your losses when the at-fault driver cannot. Your own auto insurance policy may also help if you have UM or underinsured motorist (UIM) coverage.
In a hit-and-run case, police may investigate to try to locate the driver. If they are found, you can pursue a claim against them directly. If not, your UM coverage becomes even more important for covering medical bills, lost wages, and other financial losses.
These situations can be extremely complicated, and insurance companies may still resist paying fairly. Having a lawyer who understands how UM and UIM claims work in Maine can make sure you don’t get left without the compensation you need.
Why should I hire a Maine pedestrian accident lawyer?
After being hit by a car, it’s normal to feel overwhelmed by medical bills, time off work and pressure from insurance companies. A lawyer can ease that burden and fight for your rights while you focus on your recovery. With professional legal support, you don’t have to go through this process alone.
Here’s how a Maine pedestrian accident lawyer can help:
- Investigate your accident – Gathering police reports, witness testimony, and video footage to prove the driver’s negligence.
- Negotiate with insurers – Pushing back against lowball offers and unfair blame-shifting.
- Calculate damages – Make sure all present and future financial losses are included in your claim.
- Consult with experts – Complex pedestrian accidents often require additional analysis.
- Represent you in court – Filing a lawsuit and presenting your case if negotiations fail.
- Protect your rights – Making sure deadlines are met and insurance companies don’t take advantage of you.
Hiring an experienced pedestrian accident lawyer levels the playing field against powerful insurance companies. With the right attorney on your side, you can pursue maximum compensation and focus on rebuilding your life.
Take the first step towards justice with Romanow Law Group
If you or a loved one was hurt in a pedestrian accident, you don’t have to face it alone. Navigating the legal world may seem impossible but an experienced pedestrian accident attorney can guide you through the process relieving you of unnecessary stress.
At Romanow Law Group, we believe in the power of personalized attention and building strong client relationships. Our goal is to ease your burden and achieve the best possible outcome for your case. Contact us today to learn more.