New Haven Pedestrian Accident Lawyer
Being a pedestrian hit be a car or truck can be a traumatic experience. Not only can there be significant physical injuries, but also mental anguish. Just because a pedestrian has been hit by a car however, does not mean that they are going to win their case.
New Haven pedestrian accident lawyers work with clients in a compassionate and thorough manner to evaluate their cases and work toward getting fair compensation for their injuries. Contact an experienced injury attorney today to begin your case.
Laws Regarding Pedestrian Accidents
Auto accidents, including pedestrian accidents, are usually reviewed under the legal concept of negligence. Negligence, simply put, is when a person fails to take reasonable care to ensure that another does not get hurt. There are five parts, or elements, that must be met for a successful negligence action regarding pedestrian accidents claims in New Haven:
- Duty – Duty is when a person has a legal responsibility to care for the welfare of another person. Whenever a person drives a car, they assume a duty to not injure other drivers or pedestrians. Because of this, the duty element of negligence is almost always a given in a pedestrian accident case.
- Breach – A breach of duty is when a person takes an action, or fails to take an action, and therefore violates their duty. Here is where many pedestrian accident cases are decided. What steps did the driver take to not hit the pedestrian? Was the pedestrian in a crosswalk? These questions are pivotal to a claim.
- Cause – The plaintiff must show that the accident caused their injuries. This can be straightforward, but sometimes insurance companies will attempt to argue that the injuries were pre-existing.
- Scope – Scope simply means that the injuries suffered must have been foreseeable for the nature of the accident. In pedestrian cases, this is almost never at issue since being hit by a car can cause serious trauma.
- Damages – Lastly, the plaintiff must have suffered a physical injury in order to make a claim.
Another aspect of claims in Connecticut is the statute of limitations. This is a law in Connecticut Statutes that requires all personal injury cases to be filed in court no more than two years after the accident. This may seem like a long time, but medical treatment and negotiations can last for months or even years. Time is crucial in these matters; contact New Haven pedestrian accident lawyers today.
Nuances of the Breach of Duty
Above mentioned that the element of breach of duty can be difficult to prove in a pedestrian accident case. Issues such as the speed of the car during the accident, whether the pedestrian was using a crosswalk, whether there was a stop sign, and the weather, are all factors that can determine who was at fault for an accident.
For example, if a pedestrian is crossing in the middle of the street at midnight, outside a crosswalk, and is hit by a car, it may be difficult, but not impossible, to prove that the driver was negligent.
How a New Haven Pedestrian Accident Attorney Can Help
As soon as attorneys take your case, they handle everything. New Haven pedestrian accident attorneys can contact the insurance companies to ensure that they are the only ones they speak with. They gather the medical records and bills. They submit a demand letter to the insurance company asking for full compensation for your damages.
Most cases settle before trial, but if the case does need to go to court, they will talk to all witnesses, gather police reports, and prepare you to testify. Do not take any chances with aggressive insurance companies, call New Haven pedestrian accident lawyers today.