While motorists and passengers have seat belts, airbags, and various other safety features to keep them safe in a crash, pedestrians are relatively unprotected. Sadly, auto collisions often result in catastrophic or even fatal injuries for those on foot. Pedestrians can sustain severe injuries in accidents when a driver is distracted or fails to recognize a pedestrian’s right of way. They may need significant funds to cover their medical costs and other losses. However, it can be difficult to successfully bring a civil claim without dedicated legal assistance.
If you were hit by a reckless driver while walking, speak to a Wilmington pedestrian accident lawyer for legal guidance. A skilled personal injury attorney at our firm can help you hold the negligent person accountable and recover the compensation you need to heal. At Doroshow, Pasquale, Krawitz, and Bhaya, our team has extensive experience handling these types of cases and can advise you every step of the way.
Types of Damages for Pedestrian Injuries
Everyone who operates a motor vehicle on public roads in Delaware has a legal obligation to act reasonably and safely. Any failure to do so that leads to the injury of another person could constitute grounds for civil litigation. If a driver hits someone because they broke a traffic law, acted recklessly, or failed to pay attention, they could be considered “negligent” and therefore liable for the victim’s compensatory damages.
Compensatory damages are meant to compensate specific losses resulting from the defendant’s negligence. Importantly, these losses do not necessarily need to have objective financial value to be “compensable.” In addition to economic damages like medical bills and lost wages from time out of work, an experienced attorney can help injured pedestrians recover for non-economic damages like pain, suffering, and loss of enjoyment of life.
Punitive Damages for Being Hit by a Car
In rare cases, a court may elect to impose additional punitive damages on a defendant as punishment for especially egregious conduct. For instance, punitive damages may be appropriate if a defendant was speeding while driving drunk with a history of prior DUI convictions. A knowledgeable lawyer at our Wilmington office can advise injured pedestrians on what damages may be recoverable in their situation and help pursue maximum compensation.
Comparative Fault in Wilmington Pedestrian Injury Claims
In addition to proving a motorist’s negligence, an injured pedestrian must also prove that they were not negligent themselves. Like many other states, Delaware follows a “modified comparative fault” system that allows courts to reduce the damage awards of plaintiffs found partially responsible for their own injuries.
According to this system, courts can reduce recoverable damages according to a plaintiff’s percentage of fault. If a pedestrian is found more than 50 percent to blame, they will be barred from recovering any compensation at all. To preserve their right to restitution, it is crucial for injured pedestrians to work with a local attorney who can argue against allegations of partial negligence.
Seek Help from a Wilmington Pedestrian Accident Attorney
Pedestrians injured in a motor vehicle accident are entitled to seek full and fair compensation for their losses, including medical care, lost wages and pain and suffering. To effectively pursue compensation after being hit by a vehicle, work with a Wilmington pedestrian accident attorney at our firm. The lawyers at Doroshow, Pasquale, Krawitz, and Bhaya can provide the legal advocacy you need to recover from your injuries.
In the event that the driver does not have insurance or does not have enough insurance, we will explore other insurance coverage that you or someone in your household may have that may be available for you. Give us a call today to discuss your case and learn how we can represent you in civil court or settlement negotiations.