We all do our best to stay safe throughout the day, especially when crossing the street or standing near busy intersections. Unfortunately, no matter how diligent we are, sometimes drivers lose control of their vehicles and we may not see them coming. Often they’re texting, eating, or just not paying attention.
This behavior can lead to serious accidents and cause permanent injuries to pedestrians who get caught in their path. If you’re the victim of a pedestrian accident, you may be entitled to compensation, and Robinette Legal Group, PLLC will do everything in our power to get you every last penny that you deserve.
Why You Need A Morgantown Pedestrian Accident Attorney
If you’ve been struck by a motor vehicle, it’s crucial that you have the proper guidance in order to file your claim properly. If you miss the deadline to file or you fail to include pertinent information in your claim, you may be barred from receiving any type of compensation.
Additionally, a qualified lawyer can obtain additional evidence to help prove your case. The following are some examples of the ways a lawyer can help you:
Interviewing people who witnessed the accident
Recovering video footage from stores or houses in the area
Obtaining all official accident reports
Securing expert witnesses who can testify at trial on your behalf – for example, an accident reconstruction expert
Statute Of Limitations
You must file your claim within two years of the injury or death caused by the accident. If you are filing a lawsuit on behalf of a loved one who was killed in a pedestrian accident, the two-year statute of limitations begins on the date of their death, even if the death occurred on a later date than the original accident.
If you’re the victim of a pedestrian accident, you may be entitled to the following damages:
Property damage from the accident
Pain and suffering
In West Virginia, you are not permitted to recover more than $500,000 in punitive damages.
For compensatory damages, you can generally recover up to $250,000. If you’re the victim of a pedestrian accident and have suffered a catastrophic injury, the cap is increased to $500,000 for compensatory damages. It is considered a catastrophic injury if your injuries are permanent and substantial. For pain and suffering, the limit is $250,000.
To successfully recover damages in a pedestrian accident claim, you will have to prove that the driver was negligent.
In West Virginia, pedestrian accidents are governed by the rule of comparative negligence. If the court determines that the victim contributed less than 51% of the negligence that caused the accident, they will be permitted to recover damages. In this case, the damages will be reduced by the percentage of the victim’s fault. However, if it is determined that the victim contributed 51% or more of the negligence that caused the accident, they will be barred from recovering any damages.
Let Us Help You
At Robinette Legal Group, PLLC, we have experienced attorneys who know everything there is to know about pedestrian accident cases. We know exactly what we need to do in order to be successful in your claim. To win in a case like this, we will conduct extensive research to prove that the driver who caused the accident was negligent and that their negligence was the cause of your injuries. For example, we can subpoena the driver’s phone records to show that they were on the phone and distracted at the time of the accident. At Robinette Legal Group, PLLC, you can leave everything to us when dealing with a pedestrian accident. We are the experts you need!