Virginia Injury Lawyers Blog
You may still have legal options even if the driver who struck your loved one has not yet been identified. Maryland law allows families to pursue wrongful death claims after a fatal pedestrian crash, including those involving a hit-and-run. The recent fatal collision on Route 202 near Upper Marlboro illustrates the real impact these tragedies have, and how civil action can still move forward.
In this case, a man died while crossing the road just before sunrise. Investigators believe the vehicle that hit him was a 2012-2014 GMC Terrain or Chevrolet Equinox. Rather than stay at the scene, the driver left the victim behind. Authorities are working to identify the vehicle and its operator, but legal rights under Maryland civil law do not require a criminal case to be resolved first.
Wrongful Death Claims After a Fleeing Driver Crash
You do not need to wait for an arrest to file a wrongful death claim. Maryland allows surviving relatives to sue based on civil liability, which is distinct from any criminal charges that may or may not follow. If a fleeing driver caused the fatal crash, their absence does not block your ability to pursue compensation.
In cases where the suspect remains unknown, you may turn to your uninsured motorist coverage. That type of claim allows compensation for funeral costs, loss of income, companionship, and more. An experienced legal team can help you identify which coverage applies and how to proceed with filing.
How Evidence Strengthens a Claim Involving Unknown Drivers
Civil lawsuits require proof that someone’s negligence caused harm. When a driver flees, collecting evidence quickly becomes even more critical. Investigators might pull video from traffic cameras, doorbell recordings, or nearby businesses. Your lawyer can also obtain the Maryland State Police crash report and witness statements.
Preserving this information allows your attorney to build a strong case, even in the absence of a criminal conviction. Evidence shows what happened, when, and how it caused fatal injury. That information is often enough to support an insurance claim or even justify filing suit once the driver is found.
Assessing Fault in Pedestrian Fatalities
State law applies a strict rule called contributory negligence. That means if the victim is found even slightly at fault, recovery can be barred. Insurance companies use this standard to deny claims and limit liability. Your legal team must counter those efforts with clear facts and expert analysis.
If lighting, signage, or road conditions posed a danger to pedestrians, those conditions could factor into the case. A traffic engineer may analyze whether the crossing area posed an unreasonable risk or lacked safety measures. Your lawyer can present those findings as part of the liability argument.
Why Time Limits Can Affect Your Injury Claim
Every day that passes makes it harder to collect reliable evidence. Surveillance footage may be deleted, physical debris cleaned up, and witnesses may be harder to locate. You should take legal action right away so your attorney can send preservation letters and begin requesting vital information.
Even though your family is dealing with loss, early steps protect your legal rights. A legal team familiar with Maryland pedestrian and wrongful death claims will know how to act without delay. That approach gives your case the best possible foundation from the outset.
Contact a Maryland Pedestrian Fatality Attorney
If your loved one was killed by a fleeing driver in Prince George’s County or elsewhere in Maryland, you deserve answers and support. The law offers a path to compensation, even when the criminal case is unresolved. Call The Schupak Law Firm at 240-833-3914 today for a free consultation. We serve clients across Maryland, D.C., and Virginia and are ready to help you move forward.