Pedestrians are some of the most vulnerable parties in metropolitan areas. While most people assume that pedestrians face the greatest danger from nearby motor vehicles in densely populated urban areas, the reality is that pedestrians can face danger near any road. When a motor vehicle driver hits a pedestrian, the pedestrian is likely to sustain severe injuries, some of which may be fatal without immediate medical treatment.
If you or a loved one were recently hit by a car in the Morgantown, WV area, fault for your damages rests squarely on the driver in almost every case. All drivers have a legal duty of care to prevent collisions with pedestrians, even when pedestrians cross streets illegally or walk alongside roads where they shouldn’t. While West Virginia’s comparative negligence law is likely to come into play for such cases, drivers may absorb the majority of fault for any pedestrian accident.
You need a Morgantown pedestrian accident lawyer who can help you prove liability for your damages and secure maximum compensation for the losses you suffered from the at-fault driver’s negligence.
Attempting to handle any personal injury claim without legal counsel would be very risky and may not yield positive results. The average person with no formal experience with the civil court system is likely to make several mistakes in handling their case on their own. They may overlook available channels of compensation, settle prematurely for a fraction of what their case is actually worth, or make procedural errors in their court filings that significantly delay their case proceedings.
Working with an experienced Morgantown pedestrian accident attorney can significantly improve a claimant’s chances of success with their civil suit. A good attorney will also know every available option for maximizing their client’s total recovery, often uncovering compensation the claimant did not initially realize they could claim. The Wilson, Frame & Metheney, PLLC Law Firm has more than 75 years of combined professional experience representing clients in the Morgantown, WV area, and we can apply this experience to your case.
Pedestrian accidents often result in devastating injuries. The struck pedestrian can not only sustain catastrophic injuries from the initial impact of the vehicle hitting them, but also the secondary impact of hitting the ground. Some of the most commonly reported injuries from pedestrian accidents in West Virginia include:
These injuries may not only require intense immediate emergency care but also ongoing treatment, and some victims may never regain full functionality. The plaintiff in a pedestrian accident case has the right to seek compensation for any and all damages the defendant caused.
West Virginia’s personal injury laws allow plaintiffs to seek compensation for all economic damages resulting from a defendant’s actions, which typically include:
West Virginia also allows personal injury plaintiffs to seek compensation for their pain and suffering. A Morgantown pedestrian accident lawyer can help their client determine a fair amount of pain and suffering compensation to seek in the claim based on the severity of the plaintiff’s injuries and whether they face long-term or permanent medical complications and diminished quality of life. Depending on the severity of the plaintiff’s damages, it’s possible for pain and suffering compensation to form the bulk of the plaintiff’s total recovery.
It’s important to note that West Virginia’s comparative negligence law may come into play in some pedestrian accident claims. Comparative negligence applies whenever a plaintiff is partially responsible for causing their claimed damages. For example, if a pedestrian jaywalked and stepped in front of a nearby driver, the court would likely assert that the pedestrian is partially responsible for causing the accident. Under the comparative negligence law, a partially liable plaintiff loses a percentage of their case award equal to their percentage of fault for causing the incident.
West Virginia provides a two-year statute of limitations on personal injury claims, and this may seem like plenty of time in which to file your claim and hold the at-fault party responsible for your losses. However, it is always best to work quickly and to start building your claim as soon as possible after a personal injury. The sooner you secure legal representation from an experienced Morgantown pedestrian accident lawyer, the better your chances are of succeeding with your claim and maximizing your recovery.
The Wilson, Frame & Metheney, PLLC Law Firm has extensive experience handling difficult personal injury claims on behalf of clients throughout the Morgantown,WV area. We understand the stress and uncertainty that can follow any personal injury and strive to help our clients exhaust every avenue of recovery available to them. If you are ready to discuss your recent experience with a compassionate Morgantown pedestrian accident attorney, contact us today to schedule a consultation with our team.
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