Portsmouth, VA Pedestrian Accident Lawyer
Of all the different individuals who use public roads on a daily basis, pedestrians are the most susceptible to serious physical injury in the event of a motor vehicle accident. With no protection from airbags, seatbelts, or a vehicle frame to absorb some of an impact, pedestrians who are struck by negligent drivers often suffer catastrophic harm that requires months of medical treatment and rehabilitation, some of which sometimes may result in permanent losses.
If you were hit by a reckless or careless driver, a Portsmouth, VA pedestrian accident lawyer could help you seek compensation from that negligent party for all your ensuing injuries and losses. A personal injury attorney from Cooper Hurley Injury Lawyers could also help with any legal challenges that may arise during your case so you can focus on your physical recovery.
Negligence in Pedestrian Accidents
As soon as they get behind the wheel and start their vehicle’s engine, drivers have a legal responsibility to act with care to avoid putting others at risk of harm. A failure to live up to this responsibility is known as a breach of duty. If such a breach is the direct cause of an accident, that driver can be considered legally negligent, and therefore, financially liable for the compensable losses of other people involved in the incident.
Negligence leading up to pedestrian accidents can come in many forms. For instance, a driver who runs a stoplight or does not yield for pedestrians in a crosswalk has violated state traffic law, which constitutes negligence if it proximately causes a crash. A Portsmouth, VA attorney could help obtain police reports, surveillance footage, and other documentary evidence proving that the driver who struck and injured a pedestrian broke the law while doing so.
Sometimes, though, establishing liability requires evidence from other sources, such as eyewitnesses and cell phone records. For example, subpoenaed cell phone records might show that a driver was using his or her phone when they hit a pedestrian in a crosswalk, even if the police report filed at the accident scene does not include a citation for texting while driving.
Impact of Claimant Fault
While drivers are expected to always be on the lookout for pedestrians, that does not mean motorists involved in pedestrian accidents are automatically to blame for the injured party’s damages. If a pedestrian’s reckless or careless actions contributed to the accident, and especially if the pedestrian violated traffic laws, he or she may be found partially at fault for his or her injuries.
This kind of finding by a court could hurt a civil claim as state law forbids legal recovery for any claimant who is partially to blame for his or her own injuries. Fortunately, a skilled lawyer in Portsmouth, VA could work hard to mitigate this risk following a pedestrian accident.
Seek Help from a Portsmouth, VA Pedestrian Accident Attorney
Getting hit by a car can cause life-changing injuries. If you do not take legal action against the person who hit you, you could be stuck paying for your medical bills and dealing with your personal losses all by yourself. Fortunately, a Portsmouth, VA pedestrian accident lawyer could provide dedicated guidance and support when seeking the restitution you deserve. Call today to learn more about how an attorney from our firm could help you.