As motor vehicles such as SUVs, have gotten bigger and handheld devices like smartphones have become more common, pedestrian injuries and deaths around active roadways have risen nationwide. Unfortunately, even a relatively low-speed impact from a car weighing thousands of pounds can cause catastrophic and potentially life-threatening injuries to an unprotected pedestrian.

You have a right to be safe from preventable injury while walking across or near roadways just like anyone driving or riding on that road does, and you have help available from a Bear pedestrian accident lawyer in enforcing that right when necessary. From start to finish of your legal proceedings, the skilled personal injury attorneys at Doroshow, Pasquale, Krawitz, and Bhaya can work tirelessly and tenaciously to get you fairly compensated for the injuries and losses you should never have experienced.

Are Drivers Always at Fault for Pedestrian Collisions?

Drivers in Delaware owe the same “duty of care”—a legal obligation to follow traffic laws and generally act responsibly behind the wheel—equally to other drivers, motorcyclists, bicyclists, and pedestrians alike. That means if a driver strikes and injuries a pedestrian by breaking a traffic law, driving while drunk or distracted, or otherwise acting irresponsibly, they can be held legally liable for ensuing losses the same way they could if they had injured another driver or vehicle passenger through their “negligence.”

That said, pedestrians can also be legally “negligent” if they do something like cross the street outside a crosswalk or step out suddenly in front of oncoming traffic, which could lead to them being assigned a share of “comparative fault” for their own injuries and missing out on much-needed civil compensation as a result. Guidance from a seasoned Bear pedestrian crash attorney can be key to proving a defendant driver was to blame for a wreck and that the injured pedestrian did not share liability.

Filing Deadlines for Pedestrian Crash Lawsuits

Depending on the circumstances, a pedestrian injured through the negligence of a motor vehicle driver may be able to seek compensation both through the driver’s car insurance PIP coverage for lost wages and medical bills, and additionally through a civil claim filed against that driver directly. Initially an attempt will be made to negotiate a fair settlement with drive’s liability carrier but, if that is not successful, a lawsuit may be to be filed. Importantly, though, there are strict deadlines imposed by state law on the latter type of claim—deadlines which have virtually no exceptions even in situations where the injured “plaintiff” filing suit has sustained permanent and debilitating injuries.

For almost all pedestrian crash victims, Delaware Code Title 10, § 8119 allows two years at most after an injury first occurs for a civil lawsuit built around that injury to formally begin. Support from a pedestrian injury lawyer in Bear can be vital to collecting important evidence, building a strong claim, and completing all the steps of the formal filing process before this deceptively short time period passes.

A Bear Pedestrian Accident Attorney Can Help

Even if you are careful to follow every traffic rule applicable to you, you still may be at risk of sustaining catastrophic harm as a pedestrian if just one motor vehicle driver near you acts in a reckless or careless way. Fortunately, if you were hurt under circumstances like this recently, you likely have grounds to take legal action against the driver responsible for your injuries and hold them financially accountable for the losses those injuries have caused you.

Working closely with a Bear pedestrian accident lawyer from Doroshow, Pasquale, Krawitz, and Bhaya can make a  big difference in your chances of securing the best possible case result. Learn more by calling today and scheduling an initial free consultation.