Common Pedestrian Accident Injuries in Maine
A pedestrian accident involving a car can have devastating consequences, causing serious injuries that can significantly impact your life. Here are some of the most common injuries you can sustain from a pedestrian accident:
Traumatic Brain Injury (TBI)
Traumatic brain injuries are among the most severe consequences of pedestrian accidents. When a pedestrian is struck by a vehicle, the impact can cause their head to hit the ground or another hard surface, resulting in a concussion or more severe brain damage. Symptoms of a TBI can include headaches, confusion, memory loss, and even personality changes. In some cases, the effects of a TBI can be long-lasting or permanent, requiring extensive medical treatment and rehabilitation.
Spinal Cord Injuries
Spinal cord injuries are another devastating type of injury that can result from pedestrian accidents. The impact of a vehicle can cause damage to the vertebrae, discs, or nerves in the spinal cord, leading to partial or complete paralysis. These injuries often require lengthy rehabilitation and can significantly impact a person's quality of life, as well as their ability to work and engage in daily activities.
Broken Bones
Pedestrians hit by vehicles often suffer broken bones, particularly in the legs, arms, and ribs. The force of the impact can cause fractures, which may require surgery, casting, or other medical interventions to heal properly. In some cases, multiple fractures can occur, leading to an extended recovery period and significant pain and discomfort.
Soft Tissue Injuries
Soft tissue injuries, such as sprains, strains, and contusions, are common injuries suffered in pedestrian accidents. These injuries can affect the muscles, tendons, and ligaments, causing pain, swelling, and limited mobility. While some soft tissue injuries may heal with rest and conservative treatment, others can lead to chronic pain and ongoing complications.
Internal Injuries
The blunt force trauma associated with pedestrian accidents can cause internal injuries, such as organ damage or internal bleeding. These injuries can be life-threatening and may require emergency surgery to address. In some cases, internal injuries may not be immediately apparent, making it crucial for injured victims to seek prompt medical attention, even if they don't feel seriously hurt.
Disfigurement and Scarring
Pedestrians involved in accidents may suffer from lacerations, road rash, or burns that can lead to permanent disfigurement or scarring. These injuries can cause significant emotional distress and may require plastic surgery or other cosmetic procedures to address.
Psychological Trauma
In addition to physical injuries, pedestrian accident victims in Portland, Maine often experience psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, or depression. The emotional impact of an accident can be long-lasting and may require professional counseling or therapy to overcome.
Common Defenses Used by Defendants in Pedestrian Accident Cases
After a pedestrian accident in Portland, Maine, you may be facing significant medical bills, lost wages, and emotional distress. While you focus on healing, a skilled accident attorney at McCue Law Office can fight for the compensation you deserve. However, be prepared for the defendant (or their insurance company) to raise certain defenses to try and reduce or eliminate their liability. Here's a breakdown of some common defenses used in pedestrian injury cases:
Contributory Negligence
A common defense strategy is to argue that the pedestrian's actions partially caused the accident. Under Maine's comparative negligence law, the percentage of fault you share in causing the accident will directly affect your damage award. For instance, if the jury finds you 20% at fault and that your total damages amount to $100,000, you would only receive $80,000.
Examples of contributory negligence arguments might include:
- The pedestrian was jaywalking or crossing outside of a designated crosswalk.
- The pedestrian was distracted by their phone or another device.
- The pedestrian was intoxicated at the time of the accident.
It's important to note that even if you were partially at fault, you may still be entitled to compensation. A skilled Portland Maine pedestrian accident lawyer at McCue Law Office can argue against these claims and fight to maximize your recovery.
The Driver Had the Right of Way
Drivers do have certain rights of way, particularly at intersections and crosswalks. However, this doesn't absolve them of all responsibility. Drivers still have a duty to exercise reasonable care to avoid pedestrians, even if they have the right of way. For example, if a driver is speeding or not paying attention and hits a pedestrian in a crosswalk, they may still be liable for the accident.
Your attorney can analyze the specific circumstances of your case, including traffic signals, pedestrian crosswalks, and speed limits, to determine if the driver violated their duty of care.
The Pedestrian's Injuries Were Pre-Existing
The defendant may try to argue that your injuries were pre-existing from a prior accident or medical condition. This defense aims to minimize the compensation you receive for your injuries. A skilled lawyer will gather medical records and other evidence to demonstrate that the pedestrian accident caused your injuries.
The Accident Wasn't That Serious
Insurance companies often try to downplay the severity of your injuries. They might argue that your injuries are minor and won't require extensive medical care. This tactic is used to justify offering a lowball settlement. An experienced Portland Maine pedestrian accident attorney will work with medical professionals to document the full extent of your injuries, including future medical needs and lost wages.
Statute of Limitations
Defendants may also argue that the injured pedestrian failed to file their claim within the statute of limitations. In Maine, the statute of limitations for personal injury cases, including pedestrian accidents, is generally six years from the date of the incident. If a claim is not filed within this timeframe, the victim may be barred from seeking compensation. Our experienced pedestrian accident lawyers will ensure that all deadlines are met and that the victim's rights are protected throughout the legal process.
Unique Challenges in a Pedestrian Accident Case
Pedestrian accident cases can be more complex compared to car accident cases. Here's why:
- Accident Scene Investigation: Unlike car accidents with clear skid marks and vehicle damage, pedestrian accident scenes often lack such definitive evidence. Reconstruction experts may be needed to determine how the accident occurred.
- Pedestrian Injuries: Pedestrians have no protection compared to occupants in a car. Injuries can be severe and life-altering, requiring extensive medical care and rehabilitation.
- Shared Fault: Some accidents involve shared fault between the pedestrian and the driver. An experienced pedestrian accident lawyer can analyze the evidence and fight to ensure the majority of the blame falls on the negligent driver.
Proving Liability in a Pedestrian Accident Case
To win a pedestrian accident case, your lawyer must establish that the driver acted negligently and that their negligence caused your injuries. Here's what needs to be proven:
- Duty of Care: The driver owed a duty of care to pedestrians, which means they had a legal obligation to act reasonably to avoid causing harm.
- Breach of Duty: The driver breached their duty of care by engaging in reckless or distracted driving, speeding, or failing to yield the right of way.
- Causation: The driver's breach of duty directly caused your pedestrian accident and resulting injuries.
- Damages: You suffered quantifiable damages such as medical bills, lost wages, and pain and suffering.
A skilled Portland Maine pedestrian accident lawyer at McCue Law Office will gather evidence such as police reports, witness statements, medical records, and traffic camera footage to prove these elements and hold the negligent driver accountable.
Types of Compensation Available to Portland Pedestrian Accident Victims
Being struck by a car can be a terrifying and life-altering experience. Pedestrian accidents in Portland, Maine, even at low speeds, can cause serious injuries that result in significant financial burdens. If you've been injured in a pedestrian accident, understanding the types of compensation available can help you navigate the legal process and seek fair compensation for your losses.
Economic Damages
Economic damages compensate you for the financial losses you've incurred due to the accident. These can include:
- Medical Expenses: This covers all medical bills associated with your injuries, including ambulance rides, emergency room visits, doctor appointments, medications, physical therapy, and any surgeries needed.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for lost wages during your recovery period. In some cases, if your injuries significantly impact your ability to work in the future, you may also be able to recover for lost future earning capacity.
- Property Damage: If the accident damaged your clothing, shoes, glasses, or other personal belongings, you can seek compensation for repairs or replacements.
Keeping Records is Key: To recover these damages, you'll need to provide documentation of your expenses. This includes medical bills, pay stubs, and receipts for repairs.
Non-Economic Damages
Pedestrian accidents can also cause significant emotional and psychological distress. Non-economic damages compensate you for these intangible losses, such as:
- Pain and Suffering: This covers the physical pain you experience due to your injuries, as well as the emotional distress and suffering you endure.
- Loss of Consortium: If your injuries significantly impact your ability to maintain a normal relationship with your spouse, you may be entitled to compensation for this loss.
- Loss of Enjoyment of Life: Pedestrian accidents can limit your ability to participate in activities you once enjoyed. This category of damages compensates you for this loss of enjoyment.
- Emotional Anguish: The anxiety, depression, and other emotional turmoil caused by the accident can be significant. Non-economic damages can help compensate you for this emotional distress.
Non-economic damages are more subjective than economic damages and can be more challenging to quantify. An experienced Portland pedestrian accident lawyer can help you calculate the appropriate value for your non-economic damages based on the severity of your injuries and the impact they have on your life.
Punitive Damages
In some cases, the driver's actions may have been particularly egregious, such as driving under the influence of drugs or alcohol, or intentionally hitting a pedestrian. If so, you may be entitled to punitive damages. These are not meant to compensate you for your losses, but rather to punish the driver and deter similar behavior in the future.
Statute of Limitations on Pedestrian Accident Cases in Maine
In Portland, Maine, pedestrian accident victims must be aware of the statute of limitations for filing a personal injury claim. The statute of limitations is a legal deadline that determines how long an injured person has to initiate a lawsuit against the negligent party. Under Maine law, the statute of limitations for most pedestrian crash cases is six years from the accident date. However, certain circumstances can render this limit shorter, so it’s important to consult a lawyer as soon as possible to ensure you can successfully pursue compensation.
Benefits of Hiring a Pedestrian Accident Lawyer
Being struck by a motor vehicle while walking can be a terrifying and life-altering experience. The aftermath of a pedestrian accident in Portland, Maine, can leave you with physical injuries, emotional distress, and significant financial burdens. While navigating medical care and recovery is your top priority, having a skilled Portland pedestrian accident lawyer by your side can be invaluable in securing fair compensation for your losses. Here are some of the reasons why.
Knowledge of Maine Law
A skilled pedestrian accident lawyer in Portland will have a deep understanding of Maine's personal injury laws and how they apply to your case. We can explain your legal rights, help you understand the claims process, and ensure that you meet all necessary deadlines. You can focus on your recovery while we handle the legal aspects of your case.
Thorough Investigation
Pedestrian accident attorneys have the resources and experience to conduct a thorough investigation of your accident. We will gather evidence, interview witnesses, review police reports, and consult with experts to build a strong case on your behalf. This investigation can help establish liability and demonstrate the extent of your injuries, increasing your chances of receiving fair compensation.
Negotiation with Insurance Companies
Insurance companies often try to minimize payouts to pedestrian accident victims, offering lowball settlements that don't cover the full extent of their injuries and damages. An experienced Portland pedestrian accident lawyer will handle all communications with the insurance company, fighting for your rights and negotiating a fair settlement. We can also help you avoid making statements that could harm your case.
Accurate Valuation of Your Claim
Pedestrian accident lawyers can accurately assess the value of your claim, taking into account factors such as medical expenses, lost wages, future earning capacity, pain and suffering, and emotional distress. We will work to ensure that you receive compensation not only for your current expenses but also for any future costs related to your injuries.
Courtroom Representation
If a fair settlement cannot be reached through negotiations, a pedestrian accident attorney in Portland will be prepared to take your case to trial. We will present a compelling argument on your behalf, using evidence gathered during their investigation to demonstrate the negligent driver's liability and the extent of your damages.
Peace of Mind
Last but not least, the peace of mind that comes with having a competent attorney represent you should not be understated. Dealing with the physical, emotional, and financial aftermath of a pedestrian accident can be stressful and overwhelming. By hiring a Portland Maine pedestrian accident lawyer, you can have peace of mind knowing that a skilled professional is fighting for your rights and working to secure the compensation you need to move forward with your life.
Contact a Pedestrian Accident Lawyer in Portland
If you've been injured in a pedestrian accident in Portland, Maine, contacting a skilled pedestrian accident lawyer at McCue Law Office is crucial. Our experienced attorneys understand the complexities of pedestrian crash cases and will fight tirelessly to recover the maximum compensation you deserve for your injuries, medical bills, lost wages, and pain and suffering.
Contact a Portland Maine pedestrian accident lawyer at our law office by calling (207) 421-9406 or filling out this online form. We offer a free consultation, so you can discuss your case and learn about your legal options with no obligation.
Ready to Discuss Your Case?Reach out today to schedule a consultation and learn how our team can help you move forward with confidence.
