Whether it is to run errands, get to work, or simply for pleasure, walking offers a cost-effective and healthy way to get around. Unfortunately, walking carries risks, and anytime we walk along a sidewalk or attempt to cross the street, we place our lives into the hands of drivers. Any collision between a car and a pedestrian can result in serious injuries for the walker.
Despite this, experienced attorneys understand that accidents are not automatically the driver’s fault. Martin County pedestrian accident lawyers represent pedestrians who suffered injuries due to negligent drivers to pursue their claims and to obtain the compensation they deserve.
There is no such thing as a faultless accident. For an injured person to have a successful claim, a Martin County pedestrian accident lawyer must be able to prove the other party had some responsibility for the accident. The most common way to do this is to prove that the other driver was negligent.
Negligence is a legal cause of action that carries a strict definition. Simply put, negligence applies when someone had a legal duty to protect the well-being of the injured person, their actions broke this duty, and that the breaking of the duty resulted in the person’s injuries.
The question of whether the driver had a duty to protect the pedestrian is always a simple one. All drivers, as a matter of law, have a duty to protect all other people they may encounter on the road. The same is true regarding whether the accident caused the injuries. While some claims may raise the idea that an injury pre-existed the incident, most cases prove damages through the use of medical records and bills.
The point of contention in pedestrian accident cases is whether the driver failed in their duty to protect the pedestrian. It may seem like a given fact that a pedestrian cannot be at fault. In reality, a pedestrian’s actions can contribute to an accident.
For example, someone may dart out from between parked cars and into traffic. However, even if they are partially at fault, Martin County follows a comparative fault law that allows someone to collect compensation proportional to their amount of fault.
Pedestrian accidents can cause some of the most severe injuries seen in accident claims. This is because there is no protection available for the walker against the force and weight of the car. Even at very low speeds, a collision may knock a person to the ground. This can result in potential injuries including:
Beyond the potentially catastrophic physical injuries, the mental and economic impact of the incident can be just as harsh. Indeed, individuals can claim damages for any lost wages associated with the accident in addition to any mental anguish they endured. Speak with a Martin County pedestrian accident lawyer to learn more about potential injuries and what kind of compensation a person can seek.
People who endure an accident while walking may have many questions. They may be concerned about how to pay their medical bills and how they will survive while out of work.
Martin County pedestrian accident lawyers help people by handling the details of their claim while allowing them to place their energy on their recoveries. Our goal is to prove that the driver was at-fault for the accident and to get victims every dollar that they deserve for their injuries. There is a strict time limit on when a person can file a claim so do not hesitate; contact Martin County pedestrian accident attorneys today for a free consultation.