Charleston West Virginia Pedestrian Accident Lawyer
When a driver fails to exercise their duty of care and collides with a pedestrian, the resulting injuries can be severe. The metal frame, seatbelts, and airbags in a car protect the driver, but pedestrians are fully exposed to the full impact of the collision. These accidents often result in traumatic brain injuries, spinal cord injuries, broken bones, and more. In many cases, they are fatal.
The experienced Charleston, WV, pedestrian accident lawyers at Warner Law Offices are committed to helping injury victims and their families secure the full and fair compensation they deserve. If you were injured in a pedestrian accident, we are standing by to make sure you know your full legal rights and options. Contact us today to learn more in a free consultation.
- Why Hire Warner Law Offices?
- Who is Liable for My Pedestrian Accident?
- Is the Driver Always Responsible in a Pedestrian Accident?
- How Do I Prove Negligence in a Pedestrian Accident?
- Common Causes of Pedestrian Accidents
- Common Injuries in Pedestrian Accidents
- Compensation Available in a Pedestrian Accident
- Get Personalized Legal Help in Your Pedestrian Accident Case
Why Hire Warner Law Offices?
The top-rated Charleston, WV, personal injury attorneys at Warner Law Offices, PLLC, have extensive knowledge and experience handling pedestrian injuries. We’ve handled numerous cases involving pedestrian accidents, securing compensation on behalf of our clients for injuries, medical bills, and lost wages.
We understand the stress that accompanies these cases and strive to provide compassionate, personalized care to each client who walks through our doors. We proudly provide individualized attention to our clients, always with their best interests in mind.
We have recovered millions of dollars for folks throughout West Virginia and the surrounding region, which reflects our unwavering commitment to securing full and fair compensation on their behalf. Our client testimonials speak for themselves:
If you sustained injuries or lost a loved one in a fatal pedestrian accident, we are ready to help. We handle various types of pedestrian accident claims, including those involving Charleston, WV hit-and-run accidents, underinsured/uninsured drivers, and drunk drivers.
- 20+ Years of Experience
- Award Winning Law Firm
- No Fees Unless You Win
- Millions Won For Our Clients
Who is Liable for My Pedestrian Accident?
Liability in a pedestrian accident depends heavily on the circumstances of each case. In some cases, one party may be entirely responsible. In others, more than one party might be liable.
Importantly, courts in West Virginia apply the legal doctrine of comparative negligence, which assigns liability proportionately based on the amount each person contributed to the underlying cause of the accident. Further, if someone contributed more than 50 percent, they will be legally barred from recovering compensation.
For example, suppose a pedestrian is hit by a car while crossing the street and sustains $1 million in damages. Now, suppose the driver ran a red light, but the pedestrian was on the phone while crossing the street. If a court finds the pedestrian was 40 percent at fault, their compensation would be reduced to $600,000. However, if they are found to have been more than 50 percent responsible, they recover nothing.
Determining who is liable in a pedestrian accident is often complicated due to this doctrine. To ensure the at-fault party does not take advantage of the situation and push faultless pedestrians past the 50-percent mark, working with a skilled attorney is essential. Our Charleston, WV, pedestrian accident attorneys are committed to ensuring justice is served. Let us fight for you.
Is the Driver Always Responsible in a Pedestrian Accident?
Drivers aren’t always at fault for pedestrian accidents. For example, if a pedestrian jaywalks or crosses a crosswalk at the wrong time, a court may find them mostly or entirely at fault.
Determining fault depends on your case’s circumstances and the evidence available to support your claim. When you work with us, rest assured your lawyer will meticulously review the evidence and construct a case to help you pursue damages for your injuries.
West Virginia Pedestrian Laws
West Virginia has traffic laws to address safety for drivers and pedestrians. Laws require pedestrians to comply with all traffic signals, such as crosswalks and traffic lights. Pedestrians have the right of way over drivers where there is no traffic signal.
In addition to following posted lights and signs, drivers are legally required to exercise reasonable care. Therefore, drivers must also exercise additional caution to protect the safety of pedestrians. In practice, drivers must take steps to protect pedestrians even if the pedestrian doesn’t entirely comply with required safety practices. The law explicitly says drivers should exercise additional caution when the pedestrians are children or people with reduced capacity.
How Do I Prove Negligence in a Pedestrian Accident?
Again, since West Virginia uses a comparative negligence system, understanding the legal contours of negligence is critical when handling pedestrian accidents. To secure compensation by arguing negligence, plaintiffs normally must prove the traditional elements of this cause of action: duty, breach, cause in fact, proximate cause, and harm.
This may seem simple in theory. However, applying the auto accident laws to the specific facts of each case can be tricky. Our attorneys are ready to review your case, gather all available evidence, evaluate the relevant law, and build the strongest possible claim on your behalf. Among other things, relevant evidence may include things like:
- Dashcam footage
- Police reports
- Medical records
- Eyewitness statements
- Expert testimony
The Charleston, WV, pedestrian accident lawyers at Warner Law Offices, PLLC, are ready to handle your case from start to finish. Contact us today to speak to an experienced pedestrian accident attorney at our award-winning firm.
Common Causes of Pedestrian Accidents
Pedestrian accidents are more common than you may think. Common causes of these accidents include:
- Distracted driving in Charleston, WV
- Pedestrian inattention
- Speeding
- Inexperienced driving
- Rolling stops
- Left-hand turns
- Failure to yield the right-of-way
- Failure to obey traffic laws
- Unmarked crosswalks
- Driving while intoxicated in Charleston, WV
It is important to remember that not all pedestrian accidents happen on busy streets. For example, parking lots and garages also see many pedestrian accidents. No matter the circumstances, we are here to make sure you know your legal rights and options.
Common Injuries in Pedestrian Accidents
Again, because of their near-complete exposure to the full force of an oncoming vehicle, pedestrians are at high risk of suffering serious injuries when involved in an accident. Injuries we commonly see in pedestrian accidents include:
- Bruises, strains, sprains, and tears
- Lacerations
- Broken bones
- Concussions
- Brain injuries in West Virginia
- Neck injuries
- Spinal cord injuries in West Virginia
- Internal bleeding and organ damage
- Amputation and permanent disfigurement
Compensation Available in a Pedestrian Accident
Compensation in personal injury cases, including those involving pedestrians, normally comes in two categories: economic and non-economic. These are collectively known as compensatory damages. As the name suggests, economic damages compensate for aspects of your injuries and losses that can be reduced to a monetary value. By contrast, non-economic damages compensate for things that cannot be reduced in this way.
Our legal team is standing by to evaluate your case, calculate the damages you are owed, and fight for your rights in settlement negotiations and, if necessary, in court. We can help you pursue compensation for things like:
- Past and future medical expenses
- Lost wages
- Lowered earning potential
- Disability and disfigurement
- Pain and suffering
- Mental anguish
- Lowered quality of life
- Wrongful death
- Property damage repair and replacement costs
In some cases, you may also be entitled to punitive damages. Unlike compensatory damages, which are meant to put injured victims in a similar position to the one they were in before an accident, punitive damages are meant to punish wrongful actors.
Courts are generally reluctant to award punitive damages, but they can significantly increase the value of your claim when available. West Virginia caps the amount of punitive damages a court may award at four times the amount of compensatory damages or $500,000, whichever is greater.
Get Personalized Legal Help in Your Pedestrian Accident Case
If you were injured at little to no fault of your own as a pedestrian, you are likely entitled to significant legal compensation from the at-fault party. The experienced Charleston, WV, pedestrian accident lawyers at Warner Law Offices, PLLC, can help you pursue the full and fair compensation you deserve. Contact us today to schedule your free consultation today. We proudly defend the rights of injury victims throughout West Virginia and the surrounding region.
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Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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