Pedestrain hit by car
I was hit by a car last year in Aug while crosing the road. The insurance asked us our lawyers name and contacted him. The lawyer calls us back after two weeks to say that our case is not strong as MD laws are different. What he told us: if we are at fault, even if it is 10% the case will not be good and we lose.
Now we forgot all about it till the bills started coming in. I was insured at that time by MDIPA but they have put all bills as pending.
Our thinking was at least i was insured so medical bills will be paid.
From the accident, I was hurt and taken to emergency and they discharged me next day. I had a fracture on nose and left leg and bruises all over. Saw an orthopedic who put me on rest for two weeks which meant absence from work.
We filled in the claim form Progressive sent last month as we did not want to get into law suits etc esp after the lawyer said No to us. It seems they feel we are at fault. From the claims insurance said max we might get 2K but this we know will not even pay for our bills.
Should I get another lawyer? Will it help at this later stage? or as they said MD laws are different and we should sit quietly?
2 Answers from Attorneys
Re: Pedestrain hit by car
It is true that in Md the law states that if you are involved in an auto accident (whether as driver, passenger or pedestrian) and you are in least bit negligent, you may not recover. I would have to know more details as to how the accident happened to evaluate your chances. It is not too late to prosecute your claim if it is worthwhile since the statute of limitations is 3 years, however, you are in a better position if you prosecute or at least attempt to settle when the true extent of your injuries are known.
I would be happy to review this matter without initial charge and let you know my opinion.
Re: Pedestrain hit by car
Generally, pedestrians who are struck outside of crosswalks by vehicles which they fail to look for or see are guilty of contributory negligence as a matter of law. The burden exists on part of pedestrian who crosses street outside of crosswalk to look for and yield to approaching traffic that pedestrian should see or be aware of.
However, there may be instances where pedestrian cannot, by due and required diligence, foresee that vehicle will enter highway and assert precipitous right-of-way.
So it depends on the circumstances of the situation.
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