Marion County Pedestrian Accident Lawyer
Pedestrians are at risk of harm from negligent motorists anytime they approach crosswalks, roadside paths, sidewalks, or downtown commercial areas. The injuries sustained in these types of accidents could consist of bruises, broken bones, or more serious disabilities such as spinal cord damage and brain trauma.
Those who have been hit while walking could use a resourceful personal injury attorney to recover their losses and protect their finances following an accident. Where another motorist or person acted carelessly or recklessly, those hurt in the accident could be eligible to file a lawsuit and seek monetary damages for their expenses. A Marion County pedestrian accident lawyer could help you protect your legal rights after such an incident.
Determining Negligence in a Pedestrian Injury Lawsuit
Injured pedestrians who succeed in their lawsuits could recover financial compensation for the harm they suffered. A successful injury suit is one wherein the plaintiff shows thorough evidence and expert testimonies that prove a negligent or reckless defendant caused them to sustain harm. The plaintiff must establish both that the defendant was careless and caused their injuries by a preponderance of the evidence.
A motorist’s conduct could be considered negligent if any other reasonably careful driver would have acted differently under the same circumstances. Such behaviors could include:
- Running red lights or stop signs at intersections
- Not scanning nearby sidewalks and walkways for pedestrians looking to cross the street
- Driving too fast in inclement weather or during periods of low visibility
- Operating a vehicle when impaired by a substance or lack of sleep
When negligent behavior causes an accident, the conduct could be proven to have caused the plaintiff’s injuries as well. If the plaintiff would have suffered their injuries regardless of the defendant’s actions, they may not be able to recover compensation for their losses.
Plaintiffs who demonstrate both negligent conduct of the defendant and causation of the damages could recover various compensation for their losses, including medical bills, lost wages, and mental or physical trauma. An attorney in Marion County could advise plaintiffs on the full range of compensation they are able to recover.
Time Limitation for Filing in Marion County
In West Virginia, plaintiffs must file an injury lawsuit within two years of the date the accident occurred. This is the deadline set out in the state’s statute of limitations for personal injury cases. Plaintiffs who attempt to bring suits or claims after this two-year period has expired may find that their claims are time-barred and they are unable to recover any compensation.
There are limited exceptions to this statute of limitations. If the plaintiff had no reason to know they were injured, then the time may not begin to run until they discover or should have discovered the injury. Or, if they were physically or mentally incapable of taking legal action due to their injuries, they could receive additional time within which to file their case.
Speaking with a knowledgeable Marion County attorney soon after a pedestrian accident could help plaintiffs adhere to the statute of limitations. Even if more than two years have passed, plaintiffs could still speak with an advisor to see if any exceptions apply to their case.
Call a Marion County Pedestrian Injury Attorney for Help
Pedestrians could be entitled to compensation for their expenses and losses following an accident. With timely help from a Marion County pedestrian injury lawyer, you could find it easier to investigate your claim and file a lawsuit than if you were attempting to represent yourself. Speak with experienced legal counsel today about how legal representation could be of assistance.