When a Car Hits You in a Crosswalk, You Deserve More Than Just Medical Bills
A crosswalk injury attorney is a personal injury lawyer who helps pedestrians hurt by drivers recover compensation for their medical bills, lost wages, and pain — and in Maine, you generally have six years to file a claim.
If you were hit in a crosswalk in Maine, here’s what you need to know right now:
- Drivers are legally required to yield to pedestrians in marked crosswalks under Maine law (ME-29-A MRS § 2056).
- You can still recover damages even if you were partly at fault — as long as your fault is less than 50%, with compensation reduced by an amount reflecting negligence, not a percentage.
- Insurance companies will move fast to minimize your payout — an attorney helps level the playing field.
- Evidence disappears quickly — witness memories fade, camera footage gets overwritten, skid marks wash away.
- Hardy Wolf & Downing handles pedestrian injury cases across Maine from offices in Portland and Lewiston.
Every eight minutes, a pedestrian is injured in a traffic accident somewhere in the United States. In 2022 alone, 7,508 pedestrians were killed — the highest number since 1981. Maine is not immune. In 2019, the state saw 17 pedestrian deaths, nearly three times the prior year’s number.
Being hit by a car in a crosswalk is terrifying. You did everything right — you used the crosswalk, you followed the signals — and you still got hurt. Now you’re dealing with pain, medical appointments, missed work, and an insurance adjuster who seems more interested in closing your claim cheaply than in actually helping you.
That’s the moment when skipping legal help can cost you far more than you realize.
Why You Need a Maine Crosswalk Injury Attorney After a Pedestrian Accident
When a two-ton vehicle strikes a human body, the “accident” is never a fair fight. Nationally, there has been a staggering 77% increase in pedestrian deaths since 2010, compared to only a 25% increase in other types of traffic fatalities. In cities like Portland and Lewiston, pedestrians are increasingly vulnerable to distracted or impatient drivers.
A crosswalk injury attorney serves as your shield against the “second hit”—the one delivered by insurance companies. Shortly after an accident, insurance adjusters may call you, acting friendly while trying to get you to admit fault or accept a settlement that barely covers your initial ER visit. They know that traumatic brain injuries or spinal issues might not show their full symptoms for weeks or months.
Hiring a local Maine attorney ensures that someone is investigating the driver’s negligence while you focus on healing. Whether the driver was texting, speeding, involved in a rollover, or simply “didn’t see you,” a lawyer holds them accountable. For more guidance on staying safe, you can review our pedestrian accident prevention safety tips.
Immediate Steps to Take After a Crosswalk Accident in Maine
The moments following a collision are chaotic, but what you do next determines the strength of your future legal claim. If you are physically able, follow these steps:
- Call 911: You need an official police report. In Maine, this is a foundational piece of evidence.
- Seek Medical Attention: Even if you feel “fine,” adrenaline masks pain. Internal bleeding or concussions are silent threats. Prompt medical documentation links your injuries directly to the crash.
- Gather Scene Evidence: Take photos of the vehicle, the crosswalk markings, the traffic signals, and any skid marks.
- Identify Witnesses: Get names and phone numbers. Their independent accounts are much harder for insurance companies to dispute than your own. Don’t rely on the police to do this, they often do not record the witness information in their reports.
- Do Not Admit Fault: Avoid saying “I’m sorry” or “I didn’t see you either.” These polite gestures can be used against you later.
Understanding the common causes for pedestrian accidents in Maine can help you realize that you aren’t alone in this experience.
Proving Liability with a Crosswalk Injury Attorney
In Maine, drivers have a high “duty of care” to operate their vehicles safely. This duty is even more specific when it comes to crosswalks. Under ME-29-A MRS § 2056, when traffic control devices are not in operation, a motorist must yield the right-of-way to a pedestrian crossing within a marked crosswalk. Furthermore, if a vehicle is stopped at a crosswalk to let a pedestrian pass, other drivers are legally prohibited from overtaking and passing that stopped vehicle.
A crosswalk injury attorney investigates several factors to prove the driver was negligent:
- Distracted Driving: Was the driver looking at a phone?
- Failure to Yield: Did the driver ignore a “Walk” signal or a marked paint striping?
- Infrastructure Failure: Was the crosswalk poorly lit or were the signals malfunctioning?
- Impairment: Was the driver under the influence of alcohol or prescription drugs?
By establishing these facts, your attorney builds a narrative of negligence that insurance companies cannot easily ignore.
Understanding Modified Comparative Negligence in Maine
One of the most complex parts of Maine law is modified comparative negligence. Many victims hesitate to call a crosswalk injury attorney because they think, “I was looking at my phone too,” or “I stepped out a bit fast.”
In Maine, you are not barred from recovery just because you were partially at fault. However, there is a 50% bar. This means you can only recover damages if your fault is determined to be less than 50%. If you are found 50% or more responsible, you recover nothing. If you are successful, your compensation is reduced by an amount reflecting negligence, not a percentage.
| Fault Percentage | Eligibility for Recovery | Impact on Compensation |
|---|---|---|
| 0% – 49% | Eligible | Compensation is reduced by an amount reflecting your negligence. |
| 50% or More | Ineligible | You receive $0 in compensation. |
This “liability apportionment” is why having an experienced trial lawyer is vital. Insurance companies will fight tooth and nail to push your fault toward that 50% mark to avoid paying anything. We also look at the “duty of care” property owners owe to any non-trespasser reasonably expected to use the property, ensuring all liable parties are identified. Additionally, contractors have no independent duty to the public unless they created the problem.
Recovering Compensation for Catastrophic Pedestrian Injuries
Pedestrians often suffer “catastrophic” injuries because they have zero protection against a vehicle. These injuries change lives in an instant. A crosswalk injury attorney helps you pursue:
- Economic Damages: This includes tangible costs like ER visits, surgeries, physical therapy, and lost wages from time missed at work.
- Non-Economic Damages: This covers the “human” cost. Under Maine law, you can seek recovery for pain and suffering, emotional distress, and loss of enjoyment of life.
- Future Care: If you suffered a traumatic brain injury (TBI) or spinal cord damage, you may need medical support for the rest of your life. Your claim must account for these future costs today.
How a Crosswalk Injury Attorney Builds Your Case
Building a winning case requires more than just filling out forms. It requires a proactive investigation. At Hardy Wolf & Downing, our process often involves:
- Accident Reconstruction: We work with experts who use physics and data to show exactly how the crash happened.
- Expert Testimony: We consult with medical professionals and vocational experts to prove the long-term impact of your injuries.
- Evidence Preservation: We act quickly to secure “black box” data from the vehicle and nearby surveillance footage from local businesses in Portland or Lewiston.
- Litigation Strategy: While many cases settle, we prepare every case as if it is going to trial. This “trial-ready” reputation often forces insurance companies to offer fairer automotive pedestrian accident settlements.
Frequently Asked Questions About Maine Crosswalk Accidents
How long do I have to file a lawsuit in Maine? In Maine, the general statute of limitations for personal injury claims is six years. This is one of the longest in the country, but you should never wait. Evidence like skid marks or witness memory disappears within days. There much, much, shorter time periods if the driver was under the influence of alcohol or was working for a state or local agency at the time. You often don’t know about this until a lawyer starts to investigate.
What if I was hit by a government vehicle? Claims against government entities (like a city bus or a state vehicle) have much stricter rules. You must provide a formal written notice of claim that complies with specific Maine laws within 365 days of the injury.
Can I recover money if the driver fled the scene (Hit-and-Run)? Yes. If the driver cannot be found, you may be able to file a claim through your own “Uninsured Motorist” (UM) coverage. Your crosswalk injury attorney can help navigate your own policy to ensure your insurance company treats you fairly.
What if my loved one was killed in a crosswalk? Close relatives may be eligible to file a wrongful death claim. This allows the family to seek compensation for funeral expenses, loss of income, and the loss of companionship.
Do pedestrians always have the right of way? Not always. While Maine law is very protective of pedestrians in crosswalks, pedestrians are still required to yield to vehicles when crossing outside of a marked crosswalk or an intersection. However, even if you were “jaywalking,” the driver still has a duty to exercise due care to avoid hitting you.
Conclusion
A crosswalk accident can turn your world upside down, leaving you with mounting bills and a long road to physical recovery. You shouldn’t have to fight billion-dollar insurance companies alone. At Hardy Wolf & Downing, we are Maine trial lawyers who have spent decades fighting for justice for victims in Portland, Lewiston, and beyond.
We understand the local roads, the local courts, and the tactics insurance companies use to devalue Maine pedestrian claims. Our goal is to help you reclaim your life by securing the full compensation you are entitled to under the law.
If you or a loved one has been injured, don’t let the insurance company have the final word. Contact us today for a free consultation at our Portland or Lewiston offices. For more information, explore our accident and injury services.