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.

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.

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.