Silver Spring Pedestrian Accident Attorneys

Walkable neighborhoods have become popular across Maryland. You might see new sidewalks, flashing crosswalks, and added signage near schools or shopping centers, all of which make it more appealing for people to walk instead of drive. But even with these improvements, pedestrian safety isn’t guaranteed.

Drivers still run red lights. Some speed through neighborhoods or roll through stop signs without checking for people in the crosswalk. Others get distracted by their phones or fail to see someone crossing the street. You can be doing everything right – walking on the sidewalk, obeying traffic signals, staying alert – and still suffer serious injuries. In extreme cases, you could even lose someone you love. If this happens to you, let our Silver Spring pedestrian accident attorneys help you get justice.

Why Hire DuBoff And Associates for Your Pedestrian Accident Claim in Silver Springs?

After a pedestrian accident, you may feel like your life has changed completely. You’re in pain, your calendar is full of medical appointments, and the insurance company is pressuring you to settle before you even know the full extent of your injuries. At DuBoff & Associates, we’ve been protecting the rights of injured pedestrians for over three decades. When you work with our personal injury law firm, you benefit from:

• Consistent and Transparent Communication: You shouldn’t have to chase down your attorney for updates or wonder what’s happening with your personal injury claim. We stay in regular contact and your concerns are always heard. You’ll never be left feeling like your case is an afterthought.
• Detailed Case Investigation: Insurance companies rarely pay a fair settlement without compelling evidence. Our Silver Spring pedestrian accident attorneys collect and examine medical records, auto accident reports, video footage, and witness statements to build a complete picture of what happened. That preparation makes your case stronger and gives us leverage during negotiations.
• Experience Dealing with Insurers: After a pedestrian accident, the last thing you need is to deal with an insurance company that’s trying to minimize your pain. We deal directly with claims adjusters so you don’t have to. We’re also prepared to push back when their offers don’t reflect what you’ve lost.
• Proven Record in Serious Injury Claims: Pedestrians don’t have the same protection as drivers and their passengers, which is why an accident usually leads to severe injuries. DuBoff & Associates has a solid track record of getting fair settlements and verdicts for injured clients.
• End-to-End Case Management: You shouldn’t have to worry about completing claim paperwork, meeting deadlines, or going back-and-forth with claims adjusters while you’re trying to heal. We handle everything from start to finish, including filings, records requests, and trial preparation when necessary. You’ll know that your case is in capable hands from day one.

We also work on a contingency fee basis. This means you don’t have to pay upfront to have your case reviewed, investigated, or filed. We only get paid if we recover compensation on your behalf. That allows you to seek legal help without taking on extra financial risk.

Damages and Claims in Pedestrian Accidents

A pedestrian accident can leave you with more than physical injuries. You may miss work, lose income, need ongoing personal and medical care, or experience lasting changes in your quality of life. Maryland law allows you to pursue compensation for these losses if another person caused the accident. 

Wrongful Death Damages: If your family member was killed in a pedestrian accident, you may have the right to pursue a wrongful death claim. This can include funeral costs, loss of companionship, and financial support the person would have provided. These claims are filed by eligible relatives under Maryland law.

Medical Bills: You can seek compensation for hospital bills, emergency care, surgery, medication, and follow-up visits. This also includes physical therapy, mobility aids, and other treatment related to your injuries. In many cases, future medical needs can be factored into your claim as well.

Lost Wages and Reduced Earning Capacity: If your injuries kept you from working, you may claim lost income for the time you were out. You may also recover damages for work you’ll miss in the future due to ongoing limitations. If your ability to earn a living has changed permanently, that loss can be included in your claim.

Pain and Suffering: These damages reflect the physical pain and emotional distress caused by the accident. Courts and insurers consider the severity of your injuries, the length of your recovery, and any long-term discomfort. This part of the claim addresses how your injury has affected your daily life.

Loss of Enjoyment of Life: If your injuries prevent you from taking part in activities you once enjoyed, you may be entitled to damages for this loss. This applies to hobbies, travel, social events, exercise, or other parts of your routine that have changed or become impossible.

Scarring or Disfigurement: If the accident left you with visible injuries that affect your appearance, you may claim additional compensation. Scars, burns, and other permanent marks can have emotional and social consequences that the law recognizes as part of your overall damages.

What to Do When Involved in a Pedestrian Accident

When a vehicle hits you, you may be in pain, disoriented, or struggling to stand up. Emergency sirens, confused witnesses, and a growing crowd can make it hard to think clearly. But the moments after the accident are critical. The steps you take (or ask someone to take on your behalf) can directly affect the success of your pedestrian accident claim:

• Get Medical Attention Immediately: Your safety comes first. Even if your injuries seem minor, get checked by emergency responders or go to a doctor as soon as possible. Some injuries, including internal bleeding and certain types of traumatic brain injury, don’t show symptoms right away, and medical records can establish a link between your condition and the collision.
• Call the Police and Request an Accident Report: A police report is an official record of the incident. The responding officer will gather details about what happened and who was involved. Be sure to get the report number and the officer’s name for your records.
• Gather Contact and Insurance Information from the Driver: If the driver stops, get their name, contact information, license plate number, and insurance details. Remain calm and avoid discussing fault at the scene. That conversation should happen later between your personal injury lawyer and the insurance company.
• Document the Scene and Speak to Witnesses: If you’re able, take photos of the location, damage, and anything that may help show how the auto accident happened. This includes street signs, skid marks, traffic signals, and vehicle position. Ask witnesses for their contact information and brief statements if they’re willing.
• Take Extra Steps in Hit-and-Run Cases: If the driver leaves the scene, try to record as much as you can about the vehicle. Write down the make, model, color, and plate number if possible. If someone nearby saw the incident, ask them to provide those details to the police as well.
• Organize All Documentation: Keep a file with your medical records, receipts, photographs, police report, and any communication with insurers. This information helps build your case and shows how the accident has affected your life and finances.
• Speak with a Personal Injury Attorney Before Filing a Claim: An attorney can help you prepare a strong claim backed by evidence and legal analysis. Insurance companies may question liability or offer a low settlement. Legal representation gives you a better chance of recovering full compensation for your injuries and related losses.

Getting Help with Your Pedestrian Accident Claim

You may expect the insurance company to do the right thing after an accident, especially if you’ve provided medical records, photos, and a clear account of what happened. But pedestrian claims are often challenged. Adjusters may argue that you stepped into traffic, failed to pay attention, or caused the accident in some other way. Even if the driver admits fault, the insurance company may try to reduce what they pay by assigning blame to you.

The latter is a special concern in Maryland, which follows the doctrine of pure contributory negligence. It’s extremely strict, and only five states continue to observe it. Under Maryland law, if you’re found to be even 1% at fault for the accident, you can be barred from recovering any compensation. This means that if the insurance company or the defense can show that you contributed to your injuries in any way, such as jaywalking, they may argue that you aren’t entitled to any financial recovery. 

It’s a harsh rule, and one that insurance companies often try to use to their advantage. That’s why pedestrian accident claims in Maryland must be built carefully, with strong evidence showing that the driver was entirely at fault.

Common Causes of Pedestrian Accidents

Pedestrian accidents happen in places that should feel safe: crosswalks, school zones, neighborhood streets, and intersections with traffic signals. These incidents aren’t always caused by high speeds or reckless driving – in many cases, the driver simply isn’t paying attention, or makes a careless decision that puts others at risk. Below are some of the most common causes we see in pedestrian injury claims.

• Failure to Yield at Crosswalks: Drivers are required to stop for pedestrians in marked crosswalks. Some ignore this rule entirely, especially when making right or left turns at intersections. When a driver fails to yield, even at low speeds, the pedestrian can suffer serious injuries.
• Distracted Driving: Cell phones, GPS devices, and dashboard screens take drivers’ attention away from the road. Even looking down for a second can prevent someone from seeing a person stepping off the curb. These distractions are a major factor in pedestrian injuries near intersections and residential areas.
• Speeding in Pedestrian Zones: Speeding reduces reaction time and increases the severity of injuries. Drivers who exceed posted limits in school zones, neighborhoods, or busy downtown streets put pedestrians at greater risk. A higher impact speed makes it harder to stop in time to avoid a collision.
• Running Red Lights or Stop Signs: Intersections are one of the most dangerous places for pedestrians. When drivers run red lights or roll through stop signs, they often fail to see someone lawfully crossing the street. These actions are illegal and commonly cited in pedestrian accident reports.
• Poor Visibility or Low Lighting: Early mornings, evenings, and poor weather can make it harder to see someone walking near the road. Drivers still have a duty to adjust their speed and stay alert in these conditions. Many accidents occur simply because a driver failed to slow down when visibility was limited.
• Drunk or Drug-Impaired Driving: Drivers under the influence of alcohol or drugs have slower reaction times and impaired judgment. These crashes are often severe because the driver doesn’t attempt to stop or swerve in time. Intoxicated drivers pose a clear danger to pedestrians at all hours of the day.

Contact An Experienced Silver Spring Pedestrian Accident Attorney

DuBoff & Associates has more than 45 years of experience dealing with pedestrian and motor vehicle accident cases. If you’ve been injured anywhere in the Maryland or Washington D.C. area, including Baltimore, Silver Spring, Montgomery County, Bethesda, Rockville, Prince George’s County, Hyattsville, College Park, Wheaton, Bowie, Frederick, or other surrounding areas, our Silver Spring pedestrian accident lawyers can help. To schedule your free consultation, call 866-640-6665 now.