Waterbury Pedestrian Accident Lawyer
We Put Years of Experience to Work for You
The first thing drivers learn is that pedestrians always have the right-of-way, whether they are crossing at a designated intersection or not. However, pedestrian accidents still happen and people can get seriously injured by the carelessness of drivers. At the Law Offices of James A. Welcome, we are passionate about helping our clients obtain the compensation they need to move forward from their injuries. Over the years, we have helped hundreds of clients. Contact us today to schedule a free case consultation with one of our attorneys.
What Does a Waterbury Pedestrian Accident Attorney Do?
It is important to protect your legal rights as the injured victim of a pedestrian accident in Connecticut, as insurance companies are notorious for taking advantage of clients. The best way to protect yourself is by hiring an attorney to advocate for your rights. A Waterbury pedestrian accident attorney can go up against an insurance claims adjuster for fair and full financial compensation on your behalf.
A lawyer can also provide many legal services to you while you focus on recovering, such as:
- Answering your legal questions and concerns
- Investigating your pedestrian crash
- Collecting and preserving evidence
- Interviewing eyewitnesses
- Hiring pedestrian accident experts
- Connecting you to top doctors in Waterbury or your city
- Negotiating a fair and full settlement
- Preparing for a trial, if necessary
A Waterbury pedestrian accident lawyer can make sure you and your family have everything you need in the confusing aftermath of an accident. Although these cases can be complex and expensive to litigate, hiring an attorney can make things easier and improve your odds of a successful settlement. If your case has to go to court, a Waterbury pedestrian accident attorney can go before a judge or jury on your behalf, as well.
Pedestrian Laws in Connecticut
Broken pedestrian laws are a main cause of collisions. Pedestrian laws exist to separate vehicle traffic and foot traffic. When a driver or pedestrian breaks a traffic law, this can lead to a collision that causes serious injuries. Understanding Connecticut’s pedestrian laws can decrease the risk of an accident by keeping vulnerable road users safe.
Connecticut’s pedestrian laws include:
- Crosswalks. At crosswalks and intersections, pedestrians have the right-of-way. Drivers must stop and yield to crossing pedestrians in these places.
- Intersections with traffic control signals. If there is a pedestrian traffic control signal, the pedestrian must wait for the signal to cross.
- Jaywalking laws. It is against the law for a pedestrian to cross a roadway in-between two intersections at a place other than a crosswalk.
If a motorist breaks any of these pedestrian laws and causes a collision, his or her insurance company is financially responsible for injuries and losses. Every driver in Connecticut must carry minimum amounts of liability insurance to pay for the car accidents they cause. Filing a claim with the at-fault driver’s insurance company can lead to financial compensation for past and future losses.
What Causes Pedestrian Accidents?
Before you can recover a monetary award for the losses you suffered in a pedestrian accident, you or your personal injury lawyer in Waterbury will have to determine causation for the crash. The cause of your accident will point to the correct defendant(s) to hold financially responsible. This could be a reckless or careless driver, a drunk driver, the city for a dangerous road condition or another party.
Common causes of pedestrian collisions in Connecticut include:
- Driver distraction
- Impaired motorist
- Drowsy or fatigued driver
- Speeding or racing
- Reckless driving
- Red-light running
- Failing to yield the right-of-way
- Back-up accidents
- Parking lot accidents
- Poor intersection designs
- Traffic light malfunctions
- Bad weather
Causation is something an attorney can determine for you, if necessary. Your attorney can return to the scene of the accident, hire qualified experts, hire investigators and review police reports to decide fault. Then, your attorney can file the necessary paperwork to hold one or more parties accountable for the wreck. A lawyer can help you through each phase of a lawsuit while you concentrate on recovering.
Is Connecticut a No-Fault Insurance State?
No, it is not. Connecticut is a fault insurance state. This means the individual or entity at fault for causing the pedestrian accident has to pay for related damage. If it were a no-fault state, the injured party would seek financial compensation from his or her own insurance provider, regardless of fault. Under Connecticut’s tort-based system, however, you or your attorney must prove the other party is at fault before you can receive a monetary award. Proving fault generally takes evidence of negligence.
Negligence in personal injury law means a party—such as a driver—was careless and this caused injury or harm to someone else. Proving negligence requires proof of four main elements:
- Duty. The driver owed you a duty of care or a duty to act in a reasonable manner.
- Breach. The driver violated his or her duty of care through a careless or reckless act.
- Causation. The driver’s mistake caused or greatly contributed to your pedestrian accident.
- Damages. You suffered compensable losses as a result of the pedestrian collision.
Our Waterbury pedestrian accident lawyers at the Law Offices of James A. Welcome can help you collect evidence that establishes someone else is at fault for your collision. This may include a police report, copies of your medical records, eyewitness statements, photographs, videos, testimony from experts and crash reconstruction diagrams.
Successfully proving that someone else is more likely than not responsible for your crash can result in financial compensation for your past and future losses. Your insurance settlement could repay you for your medical expenses, property repairs, lost income, pain and suffering, and more.
What Should I Do if the Car Flees the Scene of the Accident?
In the worst-case scenarios, the driver of the vehicle that hit you flees the scene. If you are able to, it is important to write down all the information you can remember about the car and report it to the police as soon as possible.
Make note of the following:
- The type of car
- The color of the car
- The license plate number
- The gender of the driver
- What direction they headed in
In addition, see if you can find any eyewitnesses or security cameras that may have gotten footage of the incident.
What if I Was Partially at Fault for the Accident?
If you were partially at fault for your pedestrian accident, such as by distracted walking, you could still be eligible for financial compensation thanks to Connecticut’s modified comparative negligence law. This law states that as long as you were less than 50 percent at fault for your accident, you are still eligible for at least a partial monetary recovery. The courts will reduce your recovery, however, by your degree of fault or liability. If you are found to be more than 50 percent responsible, state law bars you from recovery entirely.
Should I Answer the Insurance Company’s Questions?
If you are contacted by the driver’s insurance company, refrain from giving out anything other than basic information about yourself. Do not answer any questions, but simply say that you have a lawyer on the case. Insurance companies want to pay as little as possible in compensation and it is up to our firm to make sure that does not happen.
What Is the Statute of Limitations on Filing an Injury Claim in Connecticut?
There is a time limit on your right to file a claim for financial damages after a pedestrian accident in Connecticut. This time limit is called a statute of limitations. Each state has unique statutes of limitations. In Connecticut, with only a few exceptions, you have two years from the date of your crash to file the paperwork for a claim.
If you wait and file after your deadline has expired, the courts will most likely refuse to hear your case, meaning you forfeit the right to hold the defendant financially responsible. Speak to an attorney as soon as possible to file by your deadline.
Call (203) 753-7300 to Fight for Just Compensation
Our Waterbury pedestrian accident lawyers are dedicated to fighting on your behalf. We want to see justice prevail and make sure that you are taken care of in the aftermath of your injury. When you hire the Law Offices of James A. Welcome, you can focus on recovery while we focus on the details of your case.
Contact us for a free initial consultation. We have offices in Danbury, Waterbury, and Norwalk, and are available for evening and weekend appointments if necessary. Our injury lawyers in Connecticut are ready to answer your questions!