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A pedestrian accident occurs when a car or motor vehicle collides with an individual who is walking, running, or otherwise outside of an automobile. Since the person has no protection, these accidents can potentially lead to significant injuries or death.
If you were struck by a vehicle, you should consult with a Parkersburg pedestrian accident lawyer immediately. A compassionate personal injury attorney could provide rigorous legal assistance with your case.
Depending on factors such as policy limits, insurance does not always adequately compensate a hurt party for their injuries or losses from an incident. Many injured people in pedestrian accidents must pursue a Personal Injury claim for negligence to recoup their losses fully. Establishing a negligence claim requires a plaintiff to prove that the collision was caused by the driver breaching their duty of care.
Proving a breach will depend on the facts of the case. If a plaintiff can prove that a driver violated state driving law leading up to the accident, this could help establish that they breached their duty of care. An example would be evidence that a driver ran a red light immediately before hitting them.
The breach of care must also proximately cause the plaintiff’s injuries. Further, the hurt party must have suffered damages from the incident. Compensatory damages include economic losses, such as lost salary or medical bills, and noneconomic damages, such as pain and suffering, emotional distress, loss of consortium with a partner, and other losses that impact their quality of life.
In addition, the state requires that plaintiffs file any Personal Injury claims within two years of the date they were injured, according to West Virginia. Code § 55-2-12(b). A pedestrian accident lawyer in Parkersburg can assist their client with their case and ensure that all filing is done on time.
Many pedestrian accidents involving vehicles are caused by the negligence of more than one party. In Personal Injury cases concerning negligence by multiple people, courts will assign a percentage of fault to each party per W. Va. Code § 55-7-13a.
The state follows the doctrine of modified comparative negligence, also known as the 51 percent rule, to determine if an injured plaintiff is entitled to damages. According to W. Va. Code § 55-7-13c, a person can only recover damages if their negligence is less than the combined fault of any liable defendants.
As long as the plaintiff’s negligence is 50 percent or lower compared to the defendant’s, the court will reduce damages in proportion to the injured individual’s percentage of fault. For instance, a person seeking $100,000 in damages and found 50 percent comparatively negligent can only recover up to $50,000.
According to W. Va. Code § 55-7-5, the surviving family can bring a wrongful death action when a wrongful act caused a pedestrian’s death, and they were otherwise entitled to recovery if they had survived.
The surviving family cannot file the action themselves, as W. Va. Code § 55-7-6 requires that the claim be filed by the executor of the deceased’s estate. If successful, the estate can pay damages to a surviving spouse, child, adopted child, stepchild, sibling, parents, or any person who was financially dependent on the deceased at their death. Recoverable damages include medical bills, lost wages, funeral expenses, mental anguish, and loss of companionship. A lawyer in Parkersburg could handle a fatal pedestrian accident case and determine which damages are available to the surviving family.
Do not delay speaking with a Parkersburg pedestrian accident lawyer if you or your loved one were hit by a motor vehicle. You deserve fair compensation for the damages and losses you have sustained.
Our team of dedicated attorneys can provide you with legal assistance throughout your Personal Injury case. Call today to schedule a free consultation and discuss your case with a professional.
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
