When a person walking is struck by a car, the effects can be devastating. Compared to other motor vehicle crashes, pedestrians are at some of the highest risk of severe injuries due to the lack of protection. If you were hit by a negligent driver or a loved one was killed, you deserve justice for your injuries.
A Logan pedestrian accident lawyer is equipped with the knowledge and skills necessary for your Personal Injury claim. Schedule a free consultation from the largest female-founded law firm in the country to get answers to your questions.
Whether a person is crossing the street or walking down the sidewalk, motor vehicles can present a serious safety risk. While mechanical failures are possible, the biggest reason why these collisions occur is because of the driver’s actions or inaction. Some common causes of car versus pedestrian crashes include:
Pedestrian accidents are also more likely to occur in intersections, at nighttime, near busy roadways, and in parking lots.
Yes, even if a person was jaywalking or violating other traffic ordinances, he or she may still be able to recover damages. West Virginia is a modified comparative negligence state, meaning that as long as the injured party is less than 50% to blame for their injuries, they can still recover. However, any award will be reduced by that percentage of fault.
In addition to being a modified comparative negligence state, West Virginia also uses an “at fault” system for injury claims. This means that if a driver is to blame for colliding with a pedestrian, the driver is responsible for any damages.
After a crash, the injured pedestrian should take immediate action. This may include gathering evidence, getting the driver’s insurance information, and contacting a Logan pedestrian accident attorney. The person should file a claim detailing what occurred during the accident and provide evidence of injuries and damages.
If the claim is denied, a settlement is not reached, or the two-year deadline to file a lawsuit is nearing, it may be necessary to file a lawsuit to secure the right to compensation. A lawyer can help with settlement negotiations and going to court.
Unfortunately, not every driver has insurance or has enough insurance to cover damages for serious or catastrophic injuries. When a driver is uninsured or underinsured in the state, a pedestrian may be able to file a claim with their own uninsured or underinsured motorist policy. If that is not possible, an injured pedestrian may be able to seek compensation directly from the negligent driver.
If the driver fled the scene or does not have adequate insurance coverage, it is crucial to seek legal help as soon as possible. An attorney can review the situation, the claim, and coverage to determine a strategy for pursuing compensation.
If you or a family member has been hurt in a motor vehicle and pedestrian crash, it is important to take action to secure your right to a fair settlement. The results of these accidents are not only emotionally distressing, but can put a strain on your finances and your future.
At Jan Dils, Attorneys at Law, our Logan pedestrian accident lawyer can assist you with your claim and help you fight for the compensation you are owed. Contact us for a free consultation as soon as possible.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
