POSTED BY Sarah Cooke . April 21, 2020
If you are a pedestrian who was hit by a car, can you take legal action? Here are the basics you should know.
If you were struck by a vehicle, your claims will most likely be against the driver of the car. But there may be other parties who are liable as well, like the municipality you were hit in. For example, if traffic lights were malfunctioning or stop signs were not visible, the municipality may have some liability.
In most (but not all) cases, the driver will be considered at fault, even if the pedestrian was not in a crosswalk. Most states have traffic laws that require drivers to be alert and aware of their surroundings. However, if the pedestrian was not using common sense – for example, if a pedestrian ran into moving traffic – they will most likely lose their case. If you can demonstrate that you could reasonably expect not to be hit, the odds are more likely to be in your favor.
In short, you will need to demonstrate that the driver’s action or negligent inaction resulted in your being hit and suffering injuries, as well as possible additional negative consequences.
If you would like to learn whether you may be eligible to file a personal injury lawsuit, feel free to contact our team of West Virginia personal injury attorneys anytime at 1-877-526-3457. Or if you’d prefer to contact us online, please fill out this form and we will respond right away.