Charleston Pedestrian Accident Lawyer
Charleston Pedestrian Accident Attorney
When a pedestrian and a vehicle collide, there is often a high risk of serious injury to the pedestrian. If you or a family member has been injured in such an accident, a Charleston, WV pedestrian accident lawyer at Wooton, Davis, Hussell & Johnson, PLLC has the skills, experience, and commitment to excellence in legal representation to help you recover the compensation you deserve so you can heal.
Our legal team strives to meet each case with a client-focused strategy and a personable, friendly approach. We have decades of experience in personal injury law, including pedestrian accident cases, and our highest priority is to provide each client with a strong legal strategy and the most favorable outcome possible in their case. Whether it means negotiating with opposing counsel or representing you at trial, your attorney can protect your rights and interests.
Pedestrian Accidents
According to the most recent data from the National Center for Health Statistics (NCHS), an estimated 9,076 pedestrians died from injuries sustained in accidents in 2023. This includes accidents on roads and highways, as well as driveways, parking lots, and other private property. 83% of pedestrian deaths occur in cities, 76% occur on roads rather than intersections, and 74% occur in dark driving conditions.
Even when there is no damage to the driver or vehicle in a pedestrian accident, the pedestrian’s injuries can be severe or even life-threatening, since pedestrians have little to no protection against a vehicle’s size and force. Common kinds of injuries in pedestrian accidents can include, but are not limited to:
- Broken or fractured bones and joints
- Spinal cord injuries
- Nerve damage
- Traumatic brain injury (TBI)
- Cuts, contusions, sprains, strains, or tears of muscles and other soft tissue
- Internal organ damage or bleeding
It is common for pedestrian accident injuries to cause serious, long-lasting, or permanent pain, loss of function, or emotional and psychological distress. This can result in high medical bills, missed work, or even permanent disability. Settlements in pedestrian accident cases aim to provide the injured person with compensation for actual damages.
West Virginia Pedestrian Accident Laws
In West Virginia, there are rules that pedestrians and drivers must follow to prevent accidents and keep the road safe. Pedestrians must follow traffic signals and cross the road at crosswalks when available. Pedestrians generally have the right of way at a crosswalk. If a sidewalk is available, pedestrians must use it; if none is available, they should walk on the left, facing traffic.
However, pedestrians are more vulnerable in accidents, so drivers also have a high duty of care to follow the rules. Drivers are obligated to yield to pedestrians in a crosswalk and can’t pass another vehicle that is stopped to let a pedestrian cross. Drivers also have a responsibility to be mindful of pedestrians, which can be especially challenging at night or in bad weather. When a driver fails to yield to a pedestrian, it can lead to severe injuries or even fatalities.
West Virginia follows a modified comparative fault system. This means that if an injured person’s actions contributed to the accident, there may be a limit on the compensation they are entitled to receive, based on the percentage of fault assigned to them. For example, if a pedestrian is struck by a car while crossing the street but did not follow traffic signals, the injured person may be assigned some of the fault for the accident.
FAQs
Who Pays if a Car Hits a Pedestrian?
If a car hits a pedestrian, the party that is often considered at fault is the one who is responsible for paying for the injuries and other damages that result from the collision. In many cases, this may be the driver of the car. However, if the pedestrian also had some fault in the accident, such as jaywalking or failing to follow other road rules, their total compensation may be reduced by the percentage of fault assigned to them.
How Much Compensation Can You Get for a Pedestrian Accident?
How much compensation you get for a pedestrian accident in Charleston depends on the circumstances of the accident, such as the injuries sustained, how significant the impact on the person’s life is as a result, and how many parties are assigned fault. The compensation for pedestrian accidents can vary considerably from case to case. The most reliable way to determine what compensation you may be entitled to is to consult with an experienced personal injury attorney.
When Should You Hire a Pedestrian Accident Lawyer?
You should hire a pedestrian accident lawyer as soon as possible after you sustain injuries and are treated. West Virginia has a statute of limitations on personal injury cases, including pedestrian accidents. A person who is injured in an accident generally has to file a legal claim within two years of the date of the accident. If they fail to file a legal claim within that time frame, they may lose their right to do so.
Can I Claim Compensation for a Pedestrian Accident?
Whether you can claim compensation for a pedestrian accident depends on the specific details of the case and any injuries and other damages you sustained as a result of the accident. To have legal grounds to claim compensation, you have to show that you suffered damages, that those damages were the result of an accident, and that the accident was caused by someone else’s actions or negligence.
Your Experienced Charleston Pedestrian Accident Attorney
When you sustain an injury from a pedestrian accident that is the result of someone else’s negligent actions, the attorneys at Wooton, Davis, Hussell & Johnson, PLLC can guide you through the legal process to make sure you have the highest possible chance of recovering the compensation you deserve.
Our legal team has the experience and acumen necessary to help you navigate the legal system. Contact our office right away to speak with an experienced Charleston pedestrian accident attorney and learn your legal options.
Charleston, WV Pedestrian Accident Legal Resources
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