Middletown Pedestrian Accident Lawyers
Holding Motorists Accountable for Damages Sustained by Vulnerable Pedestrians
When it comes to an accident involving a pedestrian and a motor vehicle, the injuries sustained by the pedestrian are often catastrophic. Lacking the basic structure and protection of a car, pedestrians are left completely vulnerable to the force of impact. Motorists have an obligation to other vehicles and pedestrians to obey traffic laws, operate their vehicles in a safe manner, and be aware of others on and near the roadway.
When a driver’s negligence leads to a pedestrian accident, our Middletown pedestrian accident attorneys come prepared to zealously represent the injured. We understand that pedestrian accidents are different, and we use our unique knowledge as well as our extensive experience handling these matters to most effectively advocate on your behalf.
Contact our team of injury attorneys today for a free initial consultation!
On This Page:
- Common Causes of Pedestrian Accidents
- Proving Fault in Pedestrian Accidents
- Pedestrian Accident Settlements
- Connecticut's Modified Comparative Negligence Law
- Get Help Today!
Common Causes of Pedestrian Accidents
While pedestrian accidents can occur due to any number of reasons, there are several common causes, including:
- Speeding: When a driver speeds, their ability to effectively control the vehicle is compromised and the reaction time needed to safely avoid colliding with anything that presents itself in their path gets less and less as the speed increases. Because of these factors, it may not be surprising to learn that speeding often plays a role in pedestrian accidents. This can be particularly tragic as speeding will also increase the force of impact, leading to devastating, and often fatal, injuries.
- Distracted driving: Whether it be texting, talking on the phone or to passengers, eating, or something else, distracted driving is dangerous driving. It is driving where the focus of the driver is taken away from the road. Oftentimes, distracted driving takes a driver’s mental attention as well as visual focus away from the task at hand. This means that a driver is much more likely to not be fully aware of surroundings, including the presence of pedestrians.
- Drunk driving: Intoxicated drivers have impaired motor functions and cognitive processing. They have slower reaction time and pedestrians are far too commonly the victims of a drunk driver’s impairment.
- Failure to yield: When a pedestrian is at a crosswalk, they are most likely to have the right of way. Whether a car is turning left and fails to see a pedestrian crossing, or a motorist fails to come to a complete stop at a traffic signal where a pedestrian is currently crossing, the failure to yield the right of way to the pedestrian ends in an accident.
While these common causes of pedestrian accidents may focus on driver negligence, pedestrians can be found at least partially responsible for an accident. This may be the case if a pedestrian is jaywalking or generally ignoring things like marked crosswalks or traffic control devices.
How Do You Prove Fault in a Pedestrian Accident?
If you are seeking financial compensation from a party for injuries you sustained in a pedestrian accident, you must be able to prove negligence on their part. Negligence is a cornerstone legal concept in all personal injury actions. In order to show that another party was negligent, the following elements must be established:
- Duty: The other party must have owed you a duty of care. For instance, we are all generally obligated to exercise reasonable care in operating a motor vehicle. This duty includes complying with traffic laws.
- Breach of Duty: The other party must have failed to comply with the requisite standard of care called for by a particular situation. For instance, they may have run a red light, gone above the posted speed limit, or violated some other traffic law intended to keep everyone on the road safe.
- Causation: The breach of duty must have been a direct cause of the accident that led to you suffering harm.
- Damages: You must be able to prove that you suffered harm as a result of the other party’s negligence. Your damages are the compensation to which you are entitled as a result of the other person’s negligence.
What's Included in a Pedestrian Accident Settlement?
When you have been injured in a pedestrian accident due to the negligent actions or inactions of another, then you are legally entitled to compensation. What compensation can you pursue if you have been harmed in a pedestrian accident? The damages available will fall into one of two main categories:
- Economic: These are damages that are easier to assign a number value. Usually, these damages can be calculated using things like bills, pay stubs, and receipts, among other things. Economic damages prominently include medical expenses, lost wages, loss of future earning capacity, physical therapy, and other rehabilitation costs.
- Non-Economic: These damages, on the other hand, can be very difficult to quantify. Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life. While these damages represent very real harm often suffered by a pedestrian accident victim, they can be difficult to assign a monetary value.
Connecticut's Modified Comparative Negligence Law
It is also important to understand that Connecticut follows the doctrine of modified comparative negligence. Basically, this means that a plaintiff’s level of fault in causing an accident cannot be greater than the defendant’s level of fault. If a plaintiff is found to be more than 50% at fault, they will not be able to recover compensation. If a plaintiff is found to be partially at fault, but they are 50% or less so, then they will be able to recover compensation, but their damages awarded will be reduced in proportion with the percentage of fault assigned to them. So, for example, say you were injured in a pedestrian accident, but the court found that you were 20% at fault for the accident because you were jaywalking. If you received a damages award of $100,000, you would end up receiving $80,000 because it would be reduced by 20%.
Get in Touch with Our Pedestrian Attorneys in Middletown for Trusted Legal Representation!
Have you or a loved one been injured in a motor vehicle accident? You may be legally entitled to monetary compensation from the parties responsible for the harm you have sustained. Our team is here to help.
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