Pedestrian accidents are a significant public safety issue in Connecticut. In recent years, there has been a steady increase in pedestrian fatalities throughout the state, including in both Windsor and South Windsor. A pedestrian accident can be devastating to the injured person and their family, especially if it was fatal.
If you are suffering the after-effects of being struck by a vehicle, legal recourse may be available with the help of a Windsor pedestrian accident lawyer. By retaining the services of an experienced personal injury attorney, you might be able to recover damages resulting from the incident.
Common Causes of Pedestrian Collisions
While many different factors play a part in pedestrian accidents, most cases typically involve one of the following causes:
- Use of unmarked crosswalks
- Vehicles making left-hand turns
- Low visibility (such as driving at night or in unfavorable weather conditions)
- Driving while distracted (including texting while driving)
- Traffic infractions (speeding, not using turn signals, failure to yield, et cetera)
- Driving while intoxicated
Although a fair amount of pedestrian accident causes may seem preventable, sometimes an accident can result from several factors occurring at once. A pedestrian collision attorney in the Windsor or South Windsor area could evaluate the circumstances surrounding the incident and estimate fault for the accident and the percentage of liability for all involved parties.
Determining Liability in Windsor and South Windsor Pedestrian Accidents
Under Connecticut General Statutes §52-572h(b), the plaintiff in a pedestrian injury case must show that they are 50 percent or less at fault for the accident in order to recover damages. However, under that same statute, the amount of recoverable damages will be reduced to reflect the injured party’s percentage of fault. If the injured party is deemed by the court to be 51 percent or more at fault for the accident, they will be barred from recovering damages entirely.
In order to recover damages from the driver involved in a pedestrian crash, the plaintiff must be able to prove that the accident and their subsequent injuries were due to the negligent acts of the defendant. If the driver breached a duty of care that they owed to the people around them, and that their breach caused injuries that led to the plaintiff’s damages, then the driver would be considered negligent. A local pedestrian accident attorney with experience in handling these types of cases could review the evidence to determine how much compensation the plaintiff should seek.
Speak with a Windsor Pedestrian Accident Attorney Today
Pedestrian accidents affect hundreds of Connecticut residents each year. Despite efforts being made to prevent these types of accidents from happening, fatalities continue to rise. If you were struck by a vehicle due to a driver’s negligent action, you might be able to receive financial compensation for the resulting losses.
By speaking with a skilled Windsor pedestrian accident lawyer, you could discover the appropriate legal action you need to take to obtain compensation from an at-fault motorist. Call now for a free consultation.