Pedestrian accidents can be life-altering and are becoming all too common. When you are on foot, you deserve to have a reasonable expectation of safety. If you were injured due to someone else’s negligence, a pedestrian accident lawyer in New Haven can help advocate for you.
At The Law Offices of James A. Welcome, we will fight to get you the justice you deserve. We have helped our clients recover millions of dollars, and we are prepared to pour that same amount of energy and care into your case. Our New Haven personal injury lawyer is ready to work with you.
The Risks Pedestrians Face on New Haven Streets
New Haven is a hot spot for pedestrian traffic. Between students and visitors to Yale University, museum patrons, and those visiting the coast, there is a constant slew of those on foot. More pedestrians create more opportunities for pedestrian accidents. Other risk factors can include:
- Poorly lit sidewalks
- High volume of intersections and crosswalks
- Poorly maintained roads
- Inclement weather reducing vehicles’ stopping time and visibility
Most risks to pedestrians can be mitigated or at least reduced if proper care is taken by drivers and property owners. If this doesn’t occur and you are injured, a New Haven pedestrian accident lawyer can work with you to see what your case may be worth.
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Driver Behaviors That Lead to Pedestrian Injuries
In addition to poor road maintenance and design, there are behaviors exhibited by drivers that can result in a pedestrian being more likely to be injured. These can include:
- Failure to yield
- Distracted driving
- Impaired driving
- Speeding near crosswalks
- Unsafe turns
- Ignoring traffic signals
- Driving in unfamiliar areas without paying attention to surroundings
Drivers have a responsibility to yield to pedestrians. Connecticut’s Act Concerning Pedestrian Safety outlines the new laws drivers must adhere to regarding pedestrians, including stopping at marked or unmarked sidewalks.
Pedestrian Accidents Differ From Other Injury Claims
Pedestrian accidents are often more severe than other accidents, such as car collisions. While in a vehicle, you have seatbelts, airbags, and other safety measures. On foot, you have nothing to protect you from the impact between you and the car, and you and the ground. This can result in serious injuries.
Due to the severity of injuries, required medical treatment costs can be much higher, and other potential damage payments could be higher due to the extreme nature of these collisions. There could also be more potential for higher payments because of the long-term effects of pedestrian accidents.
Pedestrian accidents are also often more contested than car accidents. Insurance adjusters often attempt to displace blame onto the pedestrian by stating that they weren’t crossing appropriately, or drivers will claim that they “came out of nowhere.” This requires more work to prove fault. Your attorney can help you understand what to do if you are involved in a pedestrian accident.
Serious Injuries Common in Pedestrian Collisions
There is a wide array of potential injuries in a pedestrian accident, ranging from minor to severe and life-altering. Common injuries can include:
- Concussions
- Traumatic brain injuries
- Neck injuries
- Road rash
- Leg, hip, and pelvic fractures
- Spinal cord injuries
- Internal bleeding
- Permanent mobility loss
If you have experienced a severe injury that has resulted in long-term disabilities, you deserve justice. A New Haven catastrophic injury lawyer may be able to help.
Steps You Should Take Immediately After an Accident
After an accident, emotions are high, and adrenaline may kick in. It is imperative to remain as calm as possible and begin collecting evidence to help build your case. Some steps to take may include:
- Call 911 and seek immediate medical evaluation, even if injuries seem minor
- Take photos and videos of the scene
- Document the surroundings, including any cameras you see, weather conditions, road markings, lighting, etc.
- Gather witness information
- Avoid making any formal statements without first speaking to a qualified attorney
The sooner you are able to start gathering evidence, the better. Memories fade quickly, and accident scenes may be disrupted, so it is essential to document everything.
How Shared Fault Can Affect a Pedestrian Claim
When determining liability in a pedestrian accident, Connecticut follows a modified comparative negligence rule (C.G.S. § 52-572h). This means that as long as you are less than 51% at fault, you may still be entitled to damages, minus the percentage of fault that belongs to you.
For example, if you had initially been entitled to $100,000 but were found to be 20% at fault, you would only receive $80,000. This is why having the proper evidence to prove fault is so crucial to ensuring you get the full amount of money you are owed.
Insurance companies will use this doctrine to their advantage to attempt to pay as little as possible. By displacing blame onto the victim, they are attempting to reduce the total amount they owe, and in turn, you receive less. Having a New Haven pedestrian accident attorney on your team may help prevent this.
What Damages Are Available to Injured Pedestrians
After an accident, many assume that you can only recoup damages for medical expenses, but this is rarely the case. Oftentimes, you may be entitled to much more. Common recoverable damages can include:
- Emergency medical care
- Ongoing medical treatment
- Lost wages
- Loss of earning potential if your injuries affect your ability to continue working in the same field
- Adaptive equipment, if needed
- Pain and suffering
Every case is different and requires a deep understanding of local laws. Working with a pedestrian accident attorney in New Haven means that while we handle the legal side, you get to take the time you deserve to rest and recover.
The Law Offices of James A. Welcome Are Ready to Represent You
The legal system is complex and nuanced, and requires special experience to navigate it effectively. At The Law Offices of James A. Welcome, we are here as your advocates to walk with you on that path, fighting for the justice you deserve.
Call us today to schedule your free consultation and see what your case may be worth.
