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West Virginia Pedestrian Accident Attorney

Pedestrians run the risk of experiencing serious, sometimes fatal injuries whenever they walk on the streets. The National Highway Traffic Safety Association reported almost 5,000 pedestrians die in accidents with motor vehicles each year. An even larger number of injuries occurs in pedestrian accidents with motor vehicles.

The dedicated West Virginia pedestrian accident lawyers at Manchin Injury Law Group work hard to help clients obtain compensation that can pay for medical care, rehabilitation services and other needs. Our firm has extensive experience representing people who have suffered very serious injuries, including head injuries, traumatic brain injuries, spinal cord injuries, skull fractures and broken bones.

You can depend on the Manchin Injury Law Group. Our dedicated West Virginia pedestrian accident attorneys will do everything they can to help you obtain the medical care you need and the compensation you deserve after a pedestrian accident.

Proving Liability

Winning a pedestrian accident personal injury case focuses on proving that the driver is liable for the injuries you sustained. To prove negligence in a pedestrian accident, you must prove four things:

  1. He or she owed a legal duty to you.
  2. He or she failed to uphold that duty.
  3. He or she caused an accident because of his or her failure.
  4. The resulting accident harmed or injured you.

If you can prove the defendant was acting negligently, the court will most likely award you the compensation that you need.

Driver’s Duty of Care

Whenever a driver is on the road, he or she has an automatic duty to anyone else on the road, including pedestrians, bicyclists, and other motor vehicle drivers. He or she has a duty to drive in a way that keeps everyone else on the road reasonably safe. If a driver causes an accident because of his or her negligence, he or she has failed to uphold the duty owed you.

Pedestrian accidents can happen in many ways. One of the most common circumstances is when a distracted driver is driving. Common reasons for driver distraction are texting and talking on the phone, focusing on a GPS, and putting on makeup or some type of facial application.

Another common way that a driver can injure a pedestrian is when that driver fails to yield to a pedestrian on a crosswalk or disobeys traffic signs or signals. Impatient drivers running red lights or turning before pedestrians are out of the way can be serious dangers.

Reckless driving is one of the more common reasons for pedestrian accidents. If the driver is speeding or driving under the influence, his or her reduced sense of duty can put pedestrians at risk. He or she is also less likely to have the time or reaction speed to prevent an accident from happening.

Driver’s Duty of Care to Children

The duty of driving reasonably intensifies when there are children around. A driver must take extra care, as children between the ages of 5 and 9 are at the greatest risk of being hit by a motor vehicle. The child could be wandering in the road or be unaware that there is a vehicle coming. In circumstance with children, we expect the driver to raise his or her standards and be especially careful.

What to Do If You Are in a Pedestrian Accident

If you are in a pedestrian accident, it is important to stay calm. Call the police as soon as you can and do not leave the scene of the accident until they arrive. Try to get contact information of any witnesses, so you can later contact them if you decide to file a claim and need statements. Do not make statements to anyone except a police officer. If you admit blame in any way, it could come back to hurt you. Admitting blame could problematic if either party decides to file a claim. Finally, seek medical attention. Even if you do not think you suffered injuries, it is important to be sure.

Maximizing The Value Of Your Claim

You may still be able to obtain compensation even if your pedestrian accident did not happen in a marked crosswalk.

There may be one or more sources of insurance compensation in a pedestrian accident case. Your own insurance may provide compensation, or the driver’s liability insurance may provide compensation. If you were injured in a hit-and-run accident, your uninsured motorist coverage may also provide a source of compensation.

At the Manchin Injury Law Group, our West Virginia personal injury lawyers understand insurance coverage issues. We will work diligently to help you obtain maximum compensation so that you can start rebuilding your life. Contact us today for your free initial consultation.