Stratford Pedestrian Accident Lawyer
When a motor vehicle strikes a pedestrian – especially at a high speed – serious damages and injuries can result. Unlike bicyclists and motorcyclists, most pedestrians are not wearing a helmet and do not have any other protective covering around them. Consequently, when a motor vehicle strikes them, they are more likely to hit the ground directly, causing serious injuries.
Injuries suffered in pedestrian accidents can be serious and long-lasting. While some injuries are relatively minor soft tissue contusions, other injuries, such as traumatic head injuries, can have permanent effects. If you have suffered injuries in a pedestrian accident that was caused by a driver’s negligence, you may be able to seek monetary damages. A Stratford pedestrian accident lawyer can review the facts of your accident and determine the best method of pursuing legal compensation on your behalf. While you focus on your recovery, a skilled injury lawyer could focus on your case.
The Role of Negligence in Pedestrian Accidents
Many pedestrian accidents occur when drivers are not paying attention to the road. Negligence in pedestrian accidents often takes one of the following forms:
- Distracted driving – where drivers are texting or making phone calls on their cell phones, instead of paying attention to the road
- Traffic violations – where drivers violate the rules of the road by speeding, failing to follow traffic signals, or making unsafe lane changes
- Careless driving – where drivers fail to use their side view and rear-view mirrors to look behind them as they reverse their vehicles in parking lots and parking garages
Pedestrian accidents can occur anywhere. They are most common at traffic intersections – especially intersections where pedestrian crosswalks are present. Pedestrian accidents can also occur in parking lots, parking garages, and other places where pedestrians tend to be present.
Proving that a Driver Violated the Standard of Care
Drivers owe everyone else on and around the road – including pedestrians – a duty to operate their vehicles responsibly and reasonably. Violating a traffic law amounts to a clear violation of this duty.
In order to prove that a driver was negligent, the injured pedestrian must show that the driver violated their duty of care in causing the accident. Moreover, the accident must result in physical injuries and damages to the pedestrian. A seasoned Stratford pedestrian accident lawyer could help an individual show that the driver violated the standard of care expected of them.
Pedestrian Negligence in Stratford
In some instances, pedestrians may cause or contribute to their accidents and injuries. For example, the pedestrian could cross the street at the wrong time or place or walk outside of the designated crosswalk markings.
In Stratford pedestrian accident cases, courts use a modified comparative negligence approach. In other words, the pedestrian is eligible to recover damages, so long as they are not 51 percent or more at fault for their accident.
Assuming the injured party is less than 51 percent responsible for the accident, their recovery is still limited by their percentage of fault. For example, if a court determines that a pedestrian crossed the road outside of the crosswalk markings and contributed to their accident by 25 percent, then the pedestrian is only eligible to recover 75 percent of their available damages.
Ask a Stratford Pedestrian Accident Attorney About a Claim
If you have suffered serious injuries in a pedestrian accident that was not your fault, you deserve to recover compensation. Through a claim, you can recover the compensation you deserve for your injuries, suffering, pain, and inconvenience.
A Stratford pedestrian accident lawyer can determine if you have a case and if so, can help you obtain the damages you deserve. Call today to set up a free consultation to learn more.