West Virginia Pedestrian Accident Lawyer

If you are struck by a motor vehicle while walking to your destination, you may have a significant risk of suffering from catastrophic injuries or being killed. Pedestrians who are struck by cars because of distracted or otherwise negligent drivers may suffer from fractures, paraplegia or quadriplegia, severe brain injuries, amputations, and other permanently disabling injuries. At Jan Dils, Attorneys at Law, our injury lawyers strongly believe if you are injured because of the careless or negligent acts of others, you deserve to be fairly compensated in order to be made as whole again as possible. Our West Virginia pedestrian accident lawyers are ready to help.

How do Local Pedestrian Accidents Typically Happen?

Pedestrian accidents can happen in a variety of ways. For example, some occur due to the actions of the pedestrian, such as when he or she crosses the street illegally, is under the influence of drugs or alcohol, or darts suddenly in front of traffic.

Many accidents involving pedestrians occur due to the negligence of a motorist. Drivers who don’t pay attention or are under the influence of alcohol or drugs are more likely to strike a person traveling on foot. Drivers who fail to yield the right of way at crosswalks are also subject to civil liability in the event of a pedestrian collision.

Pedestrian accidents are more common in certain places than in others. Most collisions between vehicles and pedestrians occur at crosswalks or intersections. That being said, these accidents can happen anywhere pedestrians travel near a roadway or moving traffic, such as on a sidewalk or in a parking garage.

Proving Negligence in a Local Pedestrian Accident Case

In order to successfully prove another person’s liability in a West Virginia pedestrian accident case, the plaintiffs must be able to prove all of the following:

  • The defendant owed a duty of care to the plaintiff;
  • That duty was breached by the defendant;
  • The plaintiff suffered harm; and
  • The harm was a result of the breach of the defendant’s duty.

Several parties may share some liability in a pedestrian accident. The vehicle’s driver may be at fault. People who are responsible for maintaining the road may also be liable in some cases. Finally, the pedestrian himself or herself may share some blame for the accident as well. You can contact our team for gain for information.

Comparative Negligence in West Virginia

One determination we make when we first meet with our clients is whether the pedestrian shares some portion of the liability. In 2015, the governor signed a new comparative negligence statute into law. Under this law, defendants are liable for the percentage of fault they have for causing an accident. If you as the pedestrian are partly to blame, your amount of recoverable damages will be reduced by the percentage of fault that is attributable to you. We will explain what this might mean if it applies to your particular case.

Compensation for Pedestrian Injuries

Obtaining monetary compensation is the goal of any pedestrian accident lawsuit. The forms of compensation available for an injured pedestrian will depend on the circumstances of his or her accident.

Medical Expenses

The cost of medical care is often a major concern for many injured pedestrians, as they have no protection from the impact of a motor vehicle. For this reason, the injuries suffered in pedestrian collisions tend to be severe and catastrophic. Compensation awarded in a successful pedestrian injury claim may cover hospitalization, ambulance transportation, surgical procedures, and other types of medical intervention as well as future medical costs associated with long-term injuries.

Lost Wages

Recovering from a pedestrian accident takes time, leaving many unable to return to work right away. Fortunately, compensation could be available for those missed wages to ease the financial burden on the injured pedestrian and his or her family.

Pain and Suffering

Physical pain and suffering could also lead to compensation. This type of loss is known as a non-economic loss, as it does not have a definitive, quantitative value. It is best to let a West Virginia attorney prove that a pedestrian suffered undue harm as a result of another individual’s negligence to recover the full value of his or her injury claim.

Filing a Lawsuit on Time

Every prospective civil claim must be filed in compliance with a legal deadline known as the statute of limitations, and cases involving pedestrian injuries are no exception. This time limit may vary depending on several factors, but injured pedestrians generally only have two years form the day of the accident to file a lawsuit against liable parties.

Filing a lawsuit after the statutory period expires could lead to the court dismissing the case entirely, meaning the plaintiff can never pursue his or her case again, regardless of how strong their underlying claim for negligence might be. A lawyer in West Virginia can help ensure a pedestrian accident lawsuit complies with the statute of limitations. Managing these legal deadlines is vital to protecting your right to compensation.

Contact a West Virginia Pedestrian Accident Attorney Right Away

If a motor vehicle struck you while you were on foot, you could be entitled to financial compensation. Holding the driver accountable for his or her negligence may require you to pursue a civil lawsuit. If your case is successful, it could result in a monetary award for your medical bills, pain and suffering, and other losses.

To make an appointment with a West Virginia pedestrian accident lawyer, call Jan Dils, Attorneys at Law, L.C., or send us an e-mail.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law