Pedestrian accident injuries are among the most serious injuries that people face on Maryland roads. Because pedestrians have zero protection against a moving vehicle, even a low-speed collision can cause broken bones, head injuries, spinal cord damage, or worse. The physical, emotional, and financial toll can follow someone for months or even years. Without a lawyer by your side, you could be the one responsible for paying for all of this.
The good news is that we have got your back. At the Law Offices of Alex Poberesky P.A., we have been helping victims in Maryland for over twenty-five years. Our team of experts will work hard for those injured while sharing the road with cars, ensuring that any injuries sustained from the accident are covered in the final settlement.
The Pedestrian Safety Problem in Maryland
Before we talk about injuries, it helps to understand just how serious the pedestrian safety situation is in our state and across the country.
According to the Governors Highway Safety Association (GHSA), pedestrian deaths in the U.S. rose by a staggering 80% between 2009 and 2023, while all other traffic fatalities increased by just 13% over the same period. This data proves that this is not some simple, isolated issue: it is countrywide.
Here in Maryland, the numbers are just as sobering. The state sees roughly 3,000 pedestrian crashes every year, according to the Maryland Motor Vehicle Administration. Pedestrian crashes account for less than 3% of all Maryland traffic crashes, but they make up nearly 23% of all traffic fatalities in the state. That means pedestrians are dying at a rate far out of proportion to how often they are involved in crashes.
These are not just statistics. Behind every number is a real person, someone’s parent, spouse, or child. That is why our work at the Law Offices of Alex Poberesky, P.A. matters so deeply to us.
What Causes Most Pedestrian Injuries?
Understanding what caused your accident is crucial to both your health and case. Not only will the cause of the accident help medical staff identify the injuries to look for, but it will also help lawyers establish who was at fault. That being said, here are the most common causes we see:
- Distracted Driving
- Failure to Yield at Crosswalks
- Speeding
- Impaired Driving
- Poor Lighting and Nighttime Conditions
- Hit-and-Run Drivers
These accidents can easily cause pedestrian fatalities, even if the victim was on the sidewalk! Sometimes, even if the victim was breaking all traffic safety laws, they are still injured. This is why it is important to always be aware of your surroundings.
Common Pedestrian Accident Injuries And What They Mean for Your Claim
As you can imagine, the injuries sustained by pedestrians are often severe, given the lack of protection. Below are the most common injuries that we see and what they can mean for your claim.
1. Traumatic Brain Injuries (TBI)
Head injuries are among the most serious consequences of these accidents. When the head strikes the pavement, a hood, or a windshield, the brain can be injured in ways that are not always visible from the outside. Traumatic brain injuries can range from a concussion to severe, permanent brain damage.
Legal impact: TBI claims are among the highest-value pedestrian accident cases. They typically involve long-term medical care, lost earning capacity, and significant non-economic damages for pain, suffering, and loss of enjoyment of life.
2. Spinal Cord Injuries
Damage to the spine can result in partial or complete paralysis, loss of sensation, or permanent disability. Even back injuries that do not involve the spinal cord directly can cause chronic, debilitating pain.
These injuries often require surgery, months of rehabilitation, assistive devices, and long-term care. They can permanently alter a person’s ability to work, care for themselves, or enjoy life.
Legal impact: Due to the nature of these severe injuries, they are often in the most complex cases. After all, the settlement will need to reflect future medical costs, home modifications, caregiver expenses, and often the complete loss of a career. The full value of these claims can be very large, and insurers will challenge every dollar.
3. Broken Bones and Fractures
Broken bones are extremely common in pedestrian accidents. Legs, hips, wrists, and arms bear the brunt of impact when someone is hit by a car or thrown to the ground. Hip fractures are especially serious for older victims and can lead to long recovery times, surgical intervention, and lasting mobility issues.
Legal impact: Even a ‘simple’ fracture can mean weeks of missed work, physical therapy, and follow-up medical care. These injuries may seem less dramatic than TBI or spinal cord injuries, but they should never be underestimated when calculating what compensation you are owed.
4. Internal Injuries
One of the most dangerous things about pedestrian accidents is that some of the worst injuries are invisible at first. Internal injuries can develop into life-threatening emergencies if not treated right away.
This is one of the biggest reasons we always tell people to seek medical care immediately after any accident, even if they feel they did not sustain injuries. By the time internal bleeding becomes obvious, serious harm may already have been done.
Legal impact: Delayed medical attention can hurt both your health and your case. Insurance companies will argue that injuries not documented immediately were not caused by the accident. An attorney can help protect your claim when these situations arise.
5. Soft Tissue Injuries
Soft tissue injuries, including muscle tears, ligament damage, tendon injuries, and deep bruising, are among the most common injuries in these cases. They are also among the most underestimated. People often brush them off as minor, only to find that the pain becomes chronic and interferes with their daily life for months.
Legal impact: Soft tissue injuries can be difficult to prove without strong medical documentation. Insurance adjusters frequently challenge these claims as ‘minor’ or ‘subjective.’ An experienced personal injury attorney knows how to build the medical record that shows the real impact of these injuries.
6. Road Rash and Lacerations
When a pedestrian is struck and thrown to the ground, road rash can cause severe wounds. These injuries are painful, prone to infection, and can leave permanent scarring or disfigurement.
Legal impact: Scarring and disfigurement are recognized as non-economic damages under Maryland law. Depending on the location and severity of the scarring, these claims can add significant value to a personal injury case.
7. Psychological Trauma and PTSD
The impact of an accident does not stop when the physical injuries start to heal. Anxiety, depression, post-traumatic stress disorder (PTSD), and fear of crossing the street or being near traffic are real and serious consequences that many victims experience.
These injuries and emotional effects are often overlooked, but they should not be. Mental health struggles following a serious accident can disrupt work, relationships, and quality of life just as much as a physical injury.
Legal impact: Non-economic damages in Maryland can include compensation for mental anguish, emotional distress, PTSD, and loss of enjoyment of life. Do not leave these damages off the table.
In our 25+ years of representing pedestrian accident victims in Maryland, we have seen how life-altering these injuries can be. We have also seen how the right legal representation can make the difference between a low-ball settlement and the full compensation someone truly needs to rebuild their life.
Legal Implications of Pedestrian Accidents in Maryland
Maryland has some of the most complex personal injury laws in the country. If you were hurt in a pedestrian accident here, these legal realities will shape your case.
Maryland’s Contributory Negligence Rule
This is the rule that catches most people off guard. Maryland is one of only a handful of states that still uses a legal doctrine called pure contributory negligence. In plain terms:
If you are found even 1% at fault for the accident, you may be completely barred from recovering any compensation at all.
This means that if an insurance company can argue that you stepped off the curb without looking, crossed outside a marked crosswalk, or were wearing dark clothing at night, they may use that against you to eliminate your entire claim by saying you did not follow road safety rules.
This is why having an experienced attorney from day one is so critical. Insurance adjusters are trained to look for any reason to assign partial fault to the pedestrian. A skilled attorney knows how to counter those arguments before they take root.
Your Rights Under Maryland Traffic Law
Maryland drivers have clear obligations to pedestrians, including:
- Stopping for pedestrians when they cross the road
- Yielding to pedestrians when turning on a green signal or arrow.
- Refraining from passing a stopped vehicle at a crosswalk.
A driver convicted of failing to yield to a pedestrian can face fines of up to $2,000, community service hours, and license suspension. These violations can also support your civil claim for damages.
PIP Insurance and No-Fault Benefits
Maryland’s system for car accidents is fault-based, meaning the at-fault driver’s insurance is responsible for your damages. But Personal Injury Protection (PIP) coverage adds a layer of protection.
If the driver who hit you had PIP coverage, it can pay for your medical bills and up to 85% of your lost wages, up to the policy limits. Maryland’s minimum PIP coverage is $2,500, but some drivers carry policies up to $20,000.
Here is something most people do not realize: your own auto insurance PIP coverage may protect you as a pedestrian, even if you were not in a vehicle at the time of the accident. An attorney can help you find and access every source of coverage available to you.
The Statute of Limitations
In Maryland, you generally have three years from the date of your accident to file a personal injury claim, also called the statute of limitations. If you miss that deadline, you may lose your right to compensation entirely.
While there are exceptions to this, they are far and few between. This is why we advise everyone to file a claim as soon as possible. Evidence can fade, witnesses forget, and medical records become harder to tie back to the accident. The sooner you hire a lawyer, the better for your health and case.
What to Do After an Accident
If you have been hit by a car in Maryland, the steps you take in the hours and days following the accident can make a real difference both for your health and for your legal case. Here is a practical guide:
1. Get Medical Care Right Away
This is the most important step. Even if you feel okay at the scene, go to the emergency room or urgent care as soon as possible. Internal, traumatic brain, and soft tissue injuries may not be obvious at first. Without early medical documentation, an insurance company can argue that your injuries were caused by something other than the accident.
2. Call the Police
A police report creates an official record of what happened. It documents the scene, the driver’s information, initial statements from both parties, and the responding officer’s observations. This report will be a key piece of evidence in your claim.
3. Document Everything You Can
If you are physically able, take photos and videos of the scene — the vehicle, the road, traffic signals, skid marks, crosswalks, and your visible injuries. Collect the names and phone numbers of any witnesses.
4. Get the Driver’s Information
Name, address, driver’s license number, license plate, and insurance company name and policy number. You will need all of this to pursue a claim.
5. Do Not Talk to the Insurance Company Alone
This is one of the most common mistakes victims make. Insurance adjusters may call quickly after an accident, sounding helpful and understanding. Remember that their job is to minimize what their company pays out. Even a casual comment like ‘I’m feeling better’ can be used to reduce your claim. Wait until you have legal representation before giving any recorded statements.
6. Contact a Personal Injury Attorney Before Accepting Any Settlement
First settlement offers are almost always lower than what your claim is actually worth. An experienced attorney can evaluate the full value of your damages before you agree to anything.
What Compensation Can Victims of Pedestrian Accidents Recover?
Many people are surprised to learn how many types of damages may be available to them. This is why it is important to note the following, as they are the most common damages we seek compensation for:
Economic Damages
These are the financial losses you can document with receipts, bills, and records like:
- Current and future medical bills, including surgery, hospitalization, medications, and rehabilitation
- Lost wages from time missed at work
- Loss of future earning capacity if your injuries affect your ability to work long-term
- Home modifications or assistive devices for serious injuries
- Property damage for personal items damaged in the accident
Non-Economic Damages
These cover the human cost of the accident, AKA things that do not come with a receipt but are just as real like:
- Pain and suffering
- Mental anguish and emotional distress
- PTSD and anxiety related to the accident
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of consortium (the impact on your relationship with your spouse or family)
Punitive Damages
In rare cases involving especially reckless or intentional behavior (like a drunk driver or a repeat traffic offender), Maryland courts may award punitive damages. These are harder to win, but they are worth exploring in the right circumstances.
Wrongful Death Claims
If an accident results in a death, the surviving family members may bring a wrongful death claim. Compensation can include funeral expenses, loss of financial support, and loss of companionship. These are among the most difficult cases emotionally. This is why we handle them with the care and sensitivity they deserve.
The compensation you deserve depends on the full picture of your losses, not just your emergency room bill. A personal injury attorney can help you see that full picture and fight for every dollar you are owed.
Why Working With an Experienced Pedestrian Accident Lawyer Changes Everything
Some people wonder whether they really need a lawyer for their claim. After 25 years of handling these cases in Maryland, our answer is yes, especially here.
Maryland’s contributory negligence rule means one wrong move can eliminate your entire claim. Insurance companies know this, and they use it. They have experienced adjusters and legal teams working to reduce what they pay out. Going up against them alone puts you at a serious disadvantage.
Here is what an experienced lawyer brings to your case:
- A thorough investigation of the accident
- Medical expert consultation to document the full extent of your injuries and future care needs
- Skilled negotiation with insurance companies
- The ability to take your case to court if a fair settlement is not offered
- The freedom to focus on healing while your attorney handles the legal work
At the Law Offices of Alex Poberesky, P.A., our approach is personal. We do not treat clients like case numbers. We take the time to understand your situation, explain your options clearly, and fight hard for the outcome you deserve. Every case still matters to us the way it matters to you.
Common Pedestrian Accident Injuries Questions
-
How long do I have to file a pedestrian accident claim in Maryland?
In most cases, you have three years from the date of the accident to file a personal injury claim. However, just because you can wait doesn’t mean that you should. It is better to file a claim soon rather than later.
-
What if I was crossing outside a crosswalk can I still file a claim?
Possibly. Maryland’s contributory negligence rule is strict, but whether crossing outside a crosswalk actually makes you at fault depends on the specific circumstances of the accident. A pedestrian accident attorney can review the details and give you an honest answer. Do not assume you have no case before speaking with a lawyer.
-
What if the driver fled the scene?
A hit-and-run does not necessarily end your right to compensation. Your own uninsured motorist coverage may apply, even as a pedestrian. An attorney can also help identify all available insurance coverage and pursue the driver if possible.
-
Will my case go to trial?
Most pedestrian accident cases settle before trial. That said, having a trial-ready attorney matters. It signals to the insurance company that you are serious, and it often leads to better settlement offers. We prepare every case as if it will go to court.
-
How much is my pedestrian accident claim worth?
Every case is different. The value depends on injury severity, long-term medical needs, lost wages, and the human impact on your life. This is exactly why a free case review is valuable. It gives you a realistic picture of what your claim may be worth before you make any decisions.
-
Do I need a lawyer if the insurance company already called me?
Yes, especially if they are moving quickly. Fast outreach from an insurer is a common tactic to get you to accept a low settlement before you understand the full value of your claim. Do not accept anything or give a recorded statement before speaking with an attorney.
-
What if my injuries seem minor?
Some of the most serious pedestrian accident injuries do not fully show up for days or weeks after the accident. A free consultation costs you nothing and could protect rights you did not know you had.
Experienced Maryland Pedestrian Accident Attorneys You Can Trust
Pedestrian accident injuries can turn your life upside down in an instant. Amongst this chaotic time, it can feel like there is no hope as you drown under the stress of it all. That is where we come in.
The Law Offices of Alex Poberesky, P.A., has been a trusted resource for Maryland personal injury victims for more than 25 years. We have seen the full range of pedestrian accident cases from minor injuries to life-altering spinal cord damage and tragic fatalities. In every case, our commitment is the same: give our clients honest guidance, fight hard for the compensation they deserve, and treat them with the dignity and respect they deserve throughout the process.
If you or someone you love was hurt as a pedestrian in Maryland, please do not try to handle this alone. The sooner you have legal representation, the better protected your case will be.
When a Pedestrian Accident Changes Everything, We’re Here to Help
You deserve real answers, not guesswork. Our team of dedicated attorneys understands what you are going through, and we are here to help. Contact us today for a free consultation with the Law Offices of Alex Poberesky, P.A. Call us at (410) 484-0400, no cost, no obligation. We fight for the compensation you deserve.
