Fairmont Pedestrian Accident Lawyer
Unfortunately, pedestrian accidents in Fairmont occur often and can cause serious injuries. After an accident, pedestrians are left with hefty medical expenses, pain and suffering, as well as other hardships.
If you or a loved one were severely injured while walking due the negligence of another, a well-practiced Fairmont pedestrian accident lawyer could help your case. An experienced personal injury attorney could help you understand your rights and help you determine your legal options.
West Virginia’s statutory laws require pedestrians and motor vehicle drivers to conduct themselves in a particular manner. Reviewing their client’s pedestrian accident, a keen pedestrian accident attorney would be able to look to see if any of the people involved acted negligently.
Drivers in West Virginia must exercise due care. Due care, as defined by West Virginia Code § 17C-10-4, is driver conduct that avoids colliding with any pedestrian upon any roadway and warning by sounding a horn when necessary. Additionally, drivers must exercise proper precaution where any children, confused, or incapacitated persons are on the roadway.
Modified Comparative Negligence
Determining whether motor vehicle laws were violated often plays a crucial role in determining whether one or both parties acted in a negligent manner. West Virginia follows the modified comparative negligence approach when determining liability. Fortunately, injured claimants may still be able to recover compensation for damages even if they are partially at fault. If an injured claimant is found to be more than 51 percent at fault, they may be ineligible to recover compensation for damages. If the plaintiff is less than 50 percent at fault, their compensation award will be reduced by their share of liability.
Types of Recoverable Damages
With the help of an experienced Fairmont pedestrian accident lawyer, injured claimants may be eligible to recover compensation for economic and non-economic damages.
Economic damages refer to the monetary losses an injured claimant sustains following an accident. Economic damages may include:
- Medical bills
- Therapy costs
- Lost wages from missed work
- Lost earning capacity
Non-economic damages are more difficult to quantify. These types of damages refer to the emotional hardships a person suffers following an accident. The common types of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Loss of companionship
- Loss of consortium
A diligent pedestrian accident attorney could calculate an injured claimant’s losses and help them recover compensation that covers all of the damages. For example, by gathering relevant information from their client’s medical records and financial documents, a lawyer could prove the extent and severity of the plaintiff’s damages.
Schedule a Consultation with a Fairmont Pedestrian Accident Attorney Today
Immediately following an accident, it is best to retain the services of a seasoned attorney. A qualified Fairmont pedestrian accident lawyer could advocate on your behalf and help you seek the compensation you need to move forward.
You do not need to handle your case alone. By carefully reviewing your situation, a compassionate and detail-oriented lawyer could be able to advise you of your rights. Call today to discover your legal options.