Pedestrian Accident Attorney in Charleston, WV
According to the National Highway Traffic Safety Administration, there are more than 5,000 pedestrian fatalities every year involving negligent drivers (and over 76,000 injuries). In West Virginia, drivers are required by law to behave safely and drive with respect toward other vehicles, bicycles, and pedestrians. One of the more common personal injury cases we at the Love Law Firm encounter is injuries resulting from collisions between vehicles and pedestrians. When a negligent driver hits an innocent pedestrian, the injuries can be quite severe.
As such, if you or someone you know has been injured in this type of accident, it is essential to contact a pedestrian accident attorney in Charleston, WV, to hold the responsible party(s) accountable and pursue compensation for medical expenses, other financial damages, and pain and suffering.
Common Issues in Pedestrian Accident Personal Injury Cases
It is important to note that not all pedestrians are blameless in these occasions, and even pedestrians must obey the rules of the road. In every personal injury lawsuit in West Virginia, determining fault is a central component that dictates which party is mostly to blame for the injuries and damages incurred. In general, some of the most common factors leading to driver negligence and, consequently, fault include:
- Distracted driving
- Failing to yield right of way to pedestrians
- Disobeying traffic signals
- Failing to signal a turn
- Disregarding weather conditions
- Driving under the influence of drugs and/or alcohol
If you are hit by a vehicle and a law enforcement officer gives the driver a ticket, such as for infractions of traffic laws, you’ll have highly influential evidence that can help the court determine the amount of driver negligence. If a pedestrian absent-mindedly runs into the middle of the road and is hit, however, the driver may not be legally liable.
At the same time, West Virginia employs Comparative Fault laws (§55-7-13a), meaning that the percentage of fault helps dictate the amount of compensation. If the court finds the driver 60 percent at fault and the pedestrian 40 percent at fault, and the pedestrian is suing the driver for $10,000 to cover medical expenses, the driver may only be liable for $6,000 of that amount.
Call the Love Law Firm for a Free Consultation
Because of the inherent nature of an automobile-pedestrian collision, some of the most common injuries include broken bones, spinal cord injuries, brain injuries, and amputation, among others. Therefore, a victim of this accident not only confronts massive medical expenses, but he/she may also suffer further financial damages, such as loss of income from work, loss of future earning capacity, permanent disfigurement, therapy expenses, and so forth.
With the legal representation and guidance of Charleston, WV, personal injury attorney Charles M. Love, we’ll aggressively pursue fair and reasonable compensation for these damages, employing extensive investigative resources into the accident and competently representing your interests in court or at the negotiation table. For a free consultation with the Love Law Firm, you can call our Charleston law office at (304) 344 5683.