An accident resulting from a driver’s negligence can have permanent effects on a pedestrian accident victim’s finances and health. When these accidents occur, a Pedestrian Accident Attorney in Upper Marlboro MD can help a victim win a claim against the at-fault party. However, defense lawyers and insurers will use certain strategies to reduce the other party’s financial responsibility for the victim’s injuries.
Defenses Used by Responsible Parties
A defendant and his or her attorney will use certain strategies to avoid paying the victim’s damages. Understanding these defenses can help victims and attorneys improve the chances of a successful claim. While strategies vary, they generally fall into one or more of the below categories.
Comparative Negligence
After a pedestrian accident, the official report usually assigns fault according to percentages. For instance, if one party was found responsible but the other person didn’t respond appropriately, the driver may be 80% responsible and the pedestrian 20% at fault. Maryland is a contributory negligence state, which means that a plaintiff can’t recover damages if they’re found to be partially responsible.
Assuming Risk
Another defense is the assumption of risk. Here, if a person is participating in an inherently risky activity, they assume the risk by taking part in the act. This defense works in some pedestrian accidents, but if the injury isn’t associated with an inherent risk, the case may not be successful.
Failure to Establish Causation
A Pedestrian Accident Attorney in Upper Marlboro MD may look for a plaintiff’s failure to establish causation or prove that his or her injuries were caused by a defendant’s negligent conduct. Any flaws in a case can make such a defense very effective, which makes it important to hire an attorney with a history of handling similar cases.
The Statute of Limitations
A defense lawyer may look for a violation of the statute of limitations as it can bring a quick dismissal. The statute of limitations is the time a victim has to file a claim after a pedestrian accident, and it’s three years for personal injury cases in Maryland. If the victim waits too long, the case will be dismissed.
Pedestrian accidents can have lifelong effects for victims, and they carry the potential for high damages. Therefore, it’s important for both sides to have proper legal representation. For help with a claim or defense after a pedestrian accident, call the office to get more information.
