Morgantown Pedestrian Accident Lawyer

Car accidents have the potential for severe injury regardless of the circumstances. However, the risk increases dramatically when a pedestrian is involved. When a car, motorcycle, or even a bicycle strikes someone on foot, the results can be deadly.

If you sustained injuries in a pedestrian accident, you might benefit from a call to a dedicated personal injury attorney. If you have a viable claim for damages, you could potentially recover monetary compensation through an injury lawsuit. To learn more, contact a Morgantown pedestrian accident lawyer as soon as possible.

Duties of a Morgantown Driver

Prevailing in an injury lawsuit centers around the duty a defendant owed to the plaintiff at the time of the accident. If the defendant owed no duty to the plaintiff, they would not face any liability for the plaintiff’s injuries. However, if the defendant violated a duty to the plaintiff, any resulting injuries could result in monetary damages.

Every driver on the roadways in and around Morgantown has a duty to operate their vehicle safely. That duty extends not only to other drivers but to passengers and pedestrians as well. Given the severe nature of the injuries suffered in a typical pedestrian accident, it should come as no surprise that breaching that duty could lead to significant consequences for the driver.

To recover monetary damages, the injured person and their Morgantown pedestrian accident attorney must show that the driver was negligent. To demonstrate negligence, the plaintiff must prove more than just the existence of a duty of care. The plaintiff must also prove that the defendant breached that duty, that the breach injured the plaintiff, and that the injuries resulted in monetary damages.

Comparative Fault

In most pedestrian collisions, the driver is entirely at fault for the accident. However, it is possible for a pedestrian to bear some responsibility as well. If the pedestrian is careless in entering the roadway, a jury might determine they are partly responsible.

West Virginia has adopted a legal standard known as modified comparative negligence. Under this legal theory, a court will not bar a plaintiff’s recovery entirely if they are partially at fault.

In Morgantown accident cases, a plaintiff may recover compensation so long as they are not more than half at fault. A jury will reduce the amount of damages awarded in a Morgantown pedestrian accident lawsuit consistent with the plaintiff’s degree of fault. For example, if the jury determines the plaintiff was 20 percent at fault for the accident, they can only receive 80 percent of their total damages.

The degree of fault in any injury lawsuit directly impacts a plaintiff’s ability to recover damages. That is why a Morgantown pedestrian accident attorney must work diligently to persuade the jury that the victim was not responsible for the accident.

Get in Touch with a Morgantown Pedestrian Accident Attorney Today

If you suffered injuries in a pedestrian accident, you deserve monetary compensation for your ordeal. This compensation could cover your medical bills as well as compensate you for your pain and suffering. To learn how to get your claim started, contact a Morgantown pedestrian accident lawyer right away.