Pedestrians have the right of way in most traffic situations. However, many drivers do not pay enough attention to the road and threatening pedestrians’ safety. If you were hit by a negligent driver, you should talk to a seasoned personal injury attorney about seeking compensation for your injuries. Whether you were walking, running, or taking a stroll with your dog, an Elizabethtown pedestrian accident lawyer could help you pursue a legal claim against the reckless motorist.
When a pedestrian accident involves a motor vehicle, the driver nearly always bears the bulk of the responsibility for the crash. Even if a pedestrian was behaving unsafely or being inattentive to traffic, drivers are responsible for paying attention to the road to avoid hitting other road users.
Many pedestrian accidents are caused by drivers who disobey traffic laws. Speeding, failing to yield, driving while impaired, and distracted driving are all frequent causes of such incidents. However, drivers are not the only parties whose negligence could contribute to an incident that injures a pedestrian.
If a commercial driver was working when they struck a pedestrian, their employer could be responsible. Likewise, if mechanical failure was a factor in the accident, the auto manufacturer could have liability.
A local government may even be at fault if worn traffic signs or poorly designed crossing lanes caused the incident. A diligent injury attorney could investigate your pedestrian accident to identify specific acts of negligence that may warrant a legal claim.
In a successful pedestrian accident case, injured parties may receive monetary damages from the at-fault party. There are three main types of monetary damages: special, general, and punitive.
Special damages repay the plaintiff for expenses they incurred due to their injury. Medical costs and lost income are typically a large part of a special damages award. If the injury will require ongoing care or future medical intervention, those future costs are included in a special damages award. Special damages could even include compensation for lost earning potential.
Plaintiffs prove their special damages by presenting receipts, invoices, tax returns, pay stubs, and other documentation. Proving damages such as future medical expenses and diminished earning capacity could require testimony from experts.
General damages include compensation for non-economic losses such as physical pain, disfigurement, lost ability to participate in activities they once enjoyed, emotional anguish, and diminished quality of life.
Proving general damages could require testimony from the plaintiff and their family members. An attorney might also introduce evidence such as pharmacy records, mental health treatment records, photographs, personal journals, and videotapes to support a claim for general damages.
If the at-fault party acted with gross negligence or intentional malice, Kentucky Revised Statute §411.182 allows the plaintiff to seek punitive damages. Punitive damages punish a defendant and serve as an example to others to deter similar conduct. If you were hit by a drunk driver, a skilled pedestrian accident attorney could help you fight for punitive damages.
Trying to resume your life after a serious injury is difficult enough without having to cope with aggressive defense lawyers and insurance adjusters. Protect your legal rights by working with an experienced Elizabethtown pedestrian accident attorney. Call the firm today to schedule a free consultation and begin discussing your case.