Elkins Pedestrian Accident Attorney
When you go for a run or jog, you do not expect to get into an accident before you make it home. Unfortunately, aggressive drivers can easily knock down a pedestrian if they are not being careful, causing them catastrophic or even fatal injuries. If you were injured in a pedestrian collision caused by a negligent driver, an Elkins pedestrian accident lawyer wants to help you get justice.
If you have a claim for compensation, it is best to start building your case as soon as possible. After a pedestrian accident, you only have a limited period of time to file a lawsuit for damages.
A dedicated personal injury attorney can manage your case investigation, evaluate your damages, and collect your medical bills for proof of your losses. They are ready to work diligently to negotiate a fair and full settlement with the at-fault driver’s insurance company or take your case to court, if necessary.
How Pedestrian Crashes in Elkins Occur
Intersections are one of the most common locations for pedestrian accidents to occur. If a driver fails to yield to a walker or neglects to stop at a red light to allow the pedestrian to cross the crosswalk, they could severely injure the person on foot. An accident can also happen when a driver is speeding, under the influence of alcohol or drugs, looking at their cell phone, or making an improper turn.
An Elkins legal advisor can evaluate someone’s injuries to assess blame for the collision. If the driver ignored their legal duty to use reasonable care, the driver can be held liable for the pedestrian’s losses. If the pedestrian partially caused the accident by doing something like walking outside the crosswalk, the court may lower the damage award. A pedestrian must be less than 50 percent to blame for the accident to be eligible for damages in a personal injury lawsuit.
Pedestrian Collision Statute of Limitations
When a pedestrian crash happens, this triggers a statute of limitations for any subsequent personal injury claim. A statute of limitations is the date by which the injured individual must file a claim, or else waive their right to compensation. Under West Virginia Code § 55-2-12, the deadline to initiate a pedestrian accident claim is two years from the date of injury. If a minor child is injured by a negligent motorist, the law gives them until their 20th birthday to file a lawsuit.
Recoverable Losses in an Elkins Walking Accident Case
An Elkins legal representative could help an injured pedestrian recover their economic and non-economic damages from the wreck. Economic costs refer to damages related to injuries, such as hospital bills, physical therapy, and lost earnings.
Intangible damages can be recovered as well, including losses like emotional anguish, pain and suffering, and mental trauma. In some pedestrian injury cases, punitive damages may also be claimed if the driver was malicious or intently reckless in causing the accident.
Contact an Elkins Pedestrian Accident Attorney for Legal Support
An Elkins pedestrian accident lawyer can provide continuous support at all stages of your claim and fervently advocate for your legal interests. They will also strive to recover the maximum award of damages in your case and see that the driver who caused your injuries is held responsible. If you want to find out more details about pursuing a personal injury claim, contact a seasoned attorney today to receive a legal consultation.