Where Did The Driver Think You Were Supposed To Walk?
Despite West Virginia laws that make it clear that cars, trucks and even bicycles must yield the right of way to pedestrians, hundreds of people are injured every year in crosswalks and parking lots and on sidewalks in towns throughout the state. In fact, the National Highway Traffic Safety Administration reports that more than 20 pedestrians are killed during a typical year,* and many more are injured, including children.
Pedestrian Accidents ▪ Bicycle Accidents ▪ Uninsured Driver ▪ Drunk Driver
The personal injury team of Farmer, Cline & Campbell, PLLC, has years of experience litigating claims against insurance companies. You have probably already experienced the worst of what the insurance companies will throw at you after a pedestrian accident. It was your own fault. The driver had the right of way. Your child should have been more careful. They want you to believe these things, but you honestly don’t.
In a pedestrian accident, how do I prove negligence?
To prove negligence in a pedestrian accident case in West Virginia, you need to establish four key elements:
- The driver owed you a duty of care
- The driver breached this duty
- The breach caused the accident
- You suffered damages as a result
Evidence such as eyewitness testimony, traffic camera footage and accident reports can support your claim.
If I was partially at fault in a pedestrian-car accident, can I still recover compensation?
Yes, you may still receive compensation if you share fault for a pedestrian accident. In West Virginia, we follow a modified comparative negligence rule. This means that you can recover damages if you are 50% or less at fault. However, the amount of compensation you recover is reduced by your percentage of fault.
What compensation is available for damages in pedestrian injury claims in West Virginia?
You can receive many different kinds of compensation for damages related to injuries from a pedestrian accident, including:
- Medical expenses
- Lost wages
- Loss of earning capacity
- Vocational training
- Pain and suffering
- Punitive damages
The damages available to you depend on the extent of your injuries and how they affect your life and career.
How do West Virginia’s comparative negligence laws affect my claim?
West Virginia’s comparative negligence law may play a role in how much compensation you can recover, if any. They reduce your compensation proportionately to your share of fault. For example, if you have 10% fault for an accident, you can recover compensation for up to 90% of your damages.
What is the statute of limitations for filing a pedestrian accident lawsuit in West Virginia?
The statute of limitations for filing a personal injury lawsuit in West Virginia is two years from the date of the accident. Missing this deadline can bar you from pursuing legal action, so it’s important to act promptly. Seek help from an attorney who has handled many other pedestrian accident claims.
How can a lawyer help me with my personal injury claim?
Lawyers play an invaluable role in your claim. An attorney can assist you by:
- Investigating the accident
- Gathering evidence
- Negotiating with insurance companies
- Representing you in court
They can also help you understand your rights, as the law is very complicated. Perhaps most importantly, they work to secure maximum compensation for your damages.
What should I expect from the legal process?
You can expect to go through several stages of a personal injury lawsuit. A broad overview of these steps is:
- A consultation with your lawyer
- Investigation of your accident
- Filing a claim in court
- Conducting discovery
- Negotiating a settlement
- Going to trial, potentially
Your lawyer will guide you through each step.
How do insurance companies and the court calculate lost wages?
In West Virginia, lost wages depend on:
- Your current earnings
- Time away from work due to your injuries
- The impact on your future earning capacity
To calculate lost wages accurately, you need documentation such as pay stubs and employment records.
Does West Virginia allow compensation for pain and suffering?
Yes, you can claim compensation for pain and suffering after a pedestrian accident. The value of pain and suffering damages depends on the severity of your injuries, the impact on your daily life and the duration of your recovery. While more subjective than economic damages, pain and suffering are important components of your total compensation.
Preparing Your Case For Trial Makes Insurance Lawyers Know We’re Serious
The truth is, it takes an experienced personal injury lawyer to stand up and fight aggressively on your behalf. Winning your case for full and fair money damages will require professional skill, access to experts and financial resources to advance the cost of your claim as your case progresses.
Why hire us? Four good reasons.
Free Consultation ▪ No Fees Unless You Win ▪ We’ll Come To You
Our team has a successful record fighting the biggest insurance companies in America on pedestrian and bicycle accident claims. You have our experience at your fingertips. Contact us now for a free consultation.
Contact us to discuss your pedestrian accident. We will give you a free assessment of your case. If you can’t come to us, we will come to you.
* Statistics from National Highway Traffic Safety Administration website