Whether you were walking to work, crossing at a crosswalk, or enjoying a stroll in your neighborhood, the consequences of being hit by a car as a pedestrian can be life-altering. If you or a loved one were involved in such an accident, it’s critical to consult an experienced pedestrian accident lawyer in Maine to ensure you receive the full compensation you deserve.
At Mann Law, we understand how physically, emotionally, and financially devastating a pedestrian accident can be. Our team is ready to guide you through the legal process, protect your rights, and hold negligent drivers accountable.
Contact us at 207-709-0900 to discuss your case in detail.
Pedestrian accidents are not only common; they are disproportionately deadly. According to SafeTREC Traffic Safety Facts, in 2023 alone, pedestrians accounted for 18% of all traffic fatalities nationwide, averaging 20 deaths per day. Even more concerning, pedestrian fatalities have increased by 53% over the past decade, highlighting the growing risks faced by people on foot.
Many of these accidents occur in predictable scenarios. For example, 75% of pedestrian fatalities happen at night, and nearly one in five occur at intersections, often due to drivers failing to yield or paying inadequate attention.
Pedestrian accidents can happen anywhere vehicles and people on foot share space. Some of the most frequent causes include:
These types of negligence often form the foundation of a personal injury claim, making it critical to identify exactly what caused the accident and who should be held accountable.
Even at low speeds, vehicle-pedestrian collisions can cause catastrophic injuries. Common injuries include:
Victims may face months or even years of rehabilitation, physical therapy, and lost wages. Our Maine pedestrian accident lawyers help ensure that your claim accounts for medical bills, lost earning capacity, emotional distress, and diminished quality of life.
Maine has specific legal protections and statutes to protect pedestrians:
Maine uses a modified comparative negligence system. Pedestrians who are partially liable for their accident can still recover compensation, though their damages may be reduced, if they are 50% or less at fault. For example, a victim with $100,000 in damages and 20% fault for the accident would recover $80,000. Understanding these rules is essential when pursuing compensation.
It’s crucial to act promptly to meet the deadlines for filing your claim. Personal injury claims must be filed within six years from the date of the accident, while wrongful death claims must be filed within two years from the date of death.
Failing to file within these limits can bar your right to compensation.
Pedestrian accidents involving children are treated differently. Children are held to a lower standard of care, and drivers near schools, playgrounds, or residential areas face heightened scrutiny. If a child is injured, compensation claims may include medical expenses, long-term care, and loss of future earnings.
If the driver who hit you flees the scene, Maine law allows victims to use uninsured/underinsured motorist coverage. This coverage can help recover medical bills, lost income, and pain and suffering when the at-fault driver cannot be identified or insured.
Liability is typically established through police reports, witness statements, and insurance investigations. Maine law requires establishing four elements of negligence:
Some accidents may warrant punitive damages if the driver acted with extreme recklessness, though these cases are rare.
Insurance adjusters may attempt to shift blame, undervalue claims, or deny compensation if you don’t meticulously follow medical treatment plans. Mann Law helps you navigate negotiations to ensure your settlement accurately reflects your injuries, losses, and long-term impact.
If you or a loved one was hit by a car as a pedestrian, Mann Law can help you:
We handle the complexities so you can focus on your recovery while ensuring your legal rights are protected.
You have 6 years for personal injury claims and 2 years for wrongful death claims. Acting quickly is critical to protect your legal rights.
Maine follows a modified comparative negligence system. If you are 50% or less at fault, your damages are reduced by your percentage of fault. If you are more than 50% at fault, you cannot recover damages.
You may recover medical expenses, lost wages, loss of earning capacity, rehabilitation costs, pain and suffering, emotional distress, and, in certain cases, punitive damages.
Insurance companies often undervalue pedestrian claims. Consulting a lawyer ensures you understand the true value of your claim before accepting any offer.
You can file a claim under your uninsured/underinsured motorist coverage to recover compensation for injuries and losses.
Yes. Children are held to a lower standard of care, and drivers near schools or playgrounds face increased scrutiny. Claims may include future medical care and lost earning potential.
While not required, a pedestrian accident lawyer in Maine can help ensure you receive full compensation, handle insurance negotiations, and guide you through legal proceedings.
Yes. Maine law requires drivers to yield the right of way to pedestrians who are in or entering marked or unmarked crosswalks. Failure to do so is a statutory violation that can serve as direct evidence of driver negligence in a personal injury claim.
Under Maine’s modified comparative fault rule, you may still recover compensation if your share of fault is less than 50 percent. Your damages will be reduced in proportion to your degree of fault, making strong legal representation important to minimize any fault attributed to you.
Pedestrians struck by vehicles commonly suffer traumatic brain injuries, spinal cord damage, broken bones, internal organ injuries, and severe road rash. The severity of injuries depends on factors including vehicle speed, point of impact, and whether the pedestrian was thrown or run over.
The responding police officer should document insurance information in the crash report. If the driver was uninsured or left the scene, Maine law requires your own auto insurance policy to include uninsured motorist coverage, which may provide a pathway to compensation.
Legal References Used to Inform This Page
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