While collisions between motor vehicles are the most common types of crashes that occur on public roads, accidents involving pedestrians can be some of the most dangerous. Unfortunately, negligent driving near sidewalks and crosswalks can lead to catastrophic injuries for any unprotected people on foot.
If you were struck by a vehicle while walking and suffered serious harm, speak with a skilled personal injury attorney as soon as possible. Assistance from an Elsmere pedestrian accident lawyer could be crucial to a successful civil claim for comprehensive recovery.
A Driver’s Duty of Care to Pedestrians
Every driver assumes an implicit legal responsibility to drive safely in the interest of protecting other people on the road. Generally, fulfilling this “duty of care” does not require any special action beyond obeying traffic laws and maintaining awareness of one’s surroundings.
However, if a driver breaches this duty, they could be considered legally negligent for an accident caused by their reckless behavior. A breach of a driver’s duty of care could be exemplified by any of the following examples:
- Driving drunk
- Driving while distracted
Most successful pedestrian collision lawsuits in Elsmere involve an attorney making a strong case for legal negligence by a defendant driver.
Comparative Fault in Pedestrian Accident Claims
Just because a pedestrian got hurt in an accident does not mean that they are immune from liability for their own negligence. If a pedestrian stepped out into the road suddenly or disobeyed a crosswalk signal, a court ruling may find them partially liable for causing their own damages.
In accordance with Delaware Code Title 10 §8132, this could result in a proportionate reduction of their recoverable damage award if the pedestrian is less than 50 percent at fault for the accident. If their share of responsibility exceeds 50 percent, they could be barred from seeking any recovery at all, so it is essential for plaintiffs to work with an experienced pedestrian accident attorney to contest allegations of liability.
Recovering Damages in Elsmere Pedestrian Injury Lawsuits
A pedestrian accident claim could seek compensation for both economic and non-economic damages suffered by the plaintiff. These forms of compensation could cover losses such as:
- Lost wages
- Past and future medical bills
- Damage to personal property
- Loss of enjoyment of life
- Physical pain and suffering.
Importantly, injured pedestrians do not have an unlimited amount of time for pursuing claims. As per Delaware Code Title 10 §8119, anyone who waits longer than two years after the date of their injury to file suit will be ineligible to seek any compensation for that particular incident. A dedicated local attorney could help ensure that an injured pedestrian files their claim before the statute of limitations expires.
Seek Legal Advocacy from an Elsmere Pedestrian Accident Attorney
Careless and reckless drivers can cause serious harm to pedestrians, who are not protected by safety features like occupants of a car. Fortunately, if you were hit by a negligent motorist, you may be able to seek comprehensive financial recovery for any injuries and losses you sustained.
A seasoned Elsmere pedestrian accident lawyer could be a steadfast ally from start to finish of your claim. Call today to schedule a consultation with a caring member of our team.