Maine Pedestrian Accidents 

According to data from the Maine Bureau of Highway Safety, the last three years have seen an average of 19 pedestrians die and hundreds injured in traffic accidents. 

The body is not built to withstand impact, so an accident, even at low speeds, can cause life-changing injuries. If you have been in a pedestrian accident where another person’s negligence was at play, you may have a right to compensation. 

This guide highlights important facts about pursuing a claim after a Maine car-pedestrian accident and can fill you in on the basics.

Establishing Negligence in a Maine Pedestrian Accident

The first prerequisite to recovering compensation is establishing negligence on the defendant’s part. Negligence has four main elements that must exist for the court to hold the defendant liable for an accident. 

• A duty of care: A duty of care is the responsibility owed to the victim by a defendant. A motorist assumes this duty by being on the road. 
• Breach of duty: A breach occurs when a motorist or the at-fault party fails to uphold this duty of care. 
• Causation: Causation refers to the connection between the beach of duty and the accident. 
• Harm: Harm refers to damages suffered by the pedestrian. These damages must be quantifiable in monetary terms and include economic and non-economic damages. 

Liable Parties in Pedestrian Accidents

There is a general misconception that all pedestrian car accidents must hold the motorists liable for damages. The truth is liability can be on either party or a third party. A driver could be said to be negligent in an accident if it occurred while they failed to yield to pedestrians, were speeding, driving while distracted, driving while intoxicated, etc. 

Mechanical malfunction could also be the cause of a pedestrian accident. If the malfunction resulted from poor maintenance, the driver or car owner would be liable for damages. However, if the mechanical problem is a manufacturer defect, the car manufacturer or the faulty part maker will be liable for the accident. 

Liability for a pedestrian accident can also fall on the governmental entity responsible for road maintenance if poor maintenance contributes to an accident. 

Pedestrian Duty of Care

“Pedestrians have a duty to their safety and that of others when sharing the road with vehicles. Failure to uphold this duty constitutes negligence and can significantly impact the outcomes of a personal injury case,” says Portland injury lawyer Benjamin Gideon of  Gideon Asen LLC. 

Maine is a modified comparative negligence state. So, if your negligence is determined to be a contributory factor in an accident, your right to compensation ends if you are 50 percent or more at fault. For percentages lower than 50, your recoverable damages decrease with increasing fault. 

What to Do After a Pedestrian Accident

Your health should come first, so check for injuries and call 911 even when you do not have apparent injuries for two reasons. A medical checkup helps arrest internal hidden injuries and helps build a link between an accident and injuries. 

The 911 call will bring paramedics and the police to the scene, so you may not need to place separate calls. If you can, document the scene in pictures or have someone help you do it. This is also the best time to collect witness testimonies and their contact information.

After leaving the scene, get a lawyer. Your lawyer of choice should have some years of experience and preferably have an office in your city for ease of reach. For example, a Portland injury lawyer may be the best fit for your case if you suffered an accident in Portland.