Huntington Pedestrian Accident Lawyer

Anyone traveling on foot or in a wheelchair is considered a pedestrian. Although drivers have a responsibility to avoid them, accidents happen frequently and often cause severe injuries.

If you, your child, or another loved one was hit by a motor vehicle while walking or using a wheelchair, contact a Huntington pedestrian accident lawyer right away. The injury compensation attorneys at Jan Dils, Attorneys at Law can hold the driver accountable for their actions and ensure you receive fair compensation for your losses.

Driver Negligence Is Behind Most Pedestrian Accidents

When a pedestrian is hit by a vehicle, the driver is almost always at fault. Drivers must use reasonable care to avoid harming others and are considered negligent if they fail to do so. Pedestrian accidents often occur when a driver is speeding or otherwise acting negligently. For example, drivers using their phones may not notice a pedestrian until it is too late, and many pedestrian accidents involve drivers impaired by drugs or alcohol.

If it can be proven they acted negligently, a driver’s insurance company must pay for the injured person’s losses. A Huntington attorney representing an injured pedestrian can review police reports, witness statements, video footage when available, and any other evidence to prove a driver was negligent.

Pedestrian Responsibilities

Although drivers must take care to avoid hitting or harming pedestrians, a pedestrian can be partially at fault for an accident. When pedestrians violate the law or behave recklessly, they may share the blame if hit by a vehicle.

Pedestrians have the right of way in marked crosswalks when crossing with a signal, but when there is no crosswalk, pedestrians must yield to oncoming traffic. Pedestrians are also required to use sidewalks when available and walk on the left side of the road facing oncoming traffic where they are not.

Additionally, it is not uncommon for people who have been drinking to walk home instead of driving. Although this is the prudent choice to protect others, pedestrians walking while intoxicated risk their safety. An impaired pedestrian might move unpredictably and make it difficult for drivers to avoid him or her.

Legal Effect of Pedestrian’s Conduct

If a pedestrian is violating the law or behaving recklessly when hit by a car, they may be partially at fault. West Virginia Statute § 55-7-13A requires a jury to allocate fault on a percentage basis between all the parties involved in an accident. When an individual is more than 50 percent responsible for an incident, he or she cannot collect compensation.

When less than 50 percent responsible, an injured pedestrian may collect compensation from others involved in the accident. However, the amount he or she can collect is reduced by a percentage equal to their degree of fault. A Huntington attorney can advocate for a pedestrian to ensure he or she does not bear an unfair share of the responsibility.

Swift Action Preserves Rights

Pedestrians injured in an accident have a limited time to bring a lawsuit under the statute of limitations. This requires an adult pedestrian to file a lawsuit within two years of the date of his or her injury.

When a pedestrian is a minor at the time of an accident, he or she has two years from their 18th birthday to bring a lawsuit. However, it is usually preferable for a parent to file suit on behalf of their child within two years.

In any case, it is unwise for an injured pedestrian to wait before contacting a Huntington attorney. Insurance companies for at-fault drivers may not make reasonable offers when there is no viable threat of a lawsuit. Engaging legal representation soon after an accident allows a lawyer more time to construct a robust case against the at-fault driver and persuade his or her insurance company to make a more generous settlement offer.

Consult a Huntington Attorney After a Pedestrian Accident

Pedestrian accidents can cause significant injuries that lead to permanent disability or death. When a driver’s negligence causes an accident, they are responsible for compensating the losses of anyone harmed.

Reach out to a Huntington pedestrian accident lawyer for help obtaining fair compensation. Our attorneys offer free consultations, so contact us today to explore your legal options.