Pedestrian Accident Lawyer in Fairfield, CT

If you were involved in a pedestrian accident in Fairfield, you may be just shaken up, or you may have serious injuries. In either case, you might be wondering, “Do I need a Fairfield pedestrian accident lawyer” “Will I have to sue someone or go to court?” or “Who pays my medical bills?”

This article will explain everything you need to know about the aftermath of a pedestrian accident.  You will learn about all of your options, from settling yourself to hiring a personal injury lawyer in Fairfield.

 

Do You Need A Fairfield Pedestrian Accident Lawyer?

Despite all the billboards and advertising, you’re probably wondering, “Do I even need a lawyer at all?”

The answer: not always. Lawyers can help when there are significant losses involved. However, if you were not injured, or only suffered some bruising and aches, you can probably settle the case yourself.

Before trying to settle your own case, you must be sure that your injuries do not linger and get worse. If your injuries are truly minor and have healed, there is a lower risk in trying to settle your personal injury case by yourself.

 

What A Fairfield Pedestrian Accident Attorney Can Do For You

If you suffered injuries that are more than just bumps and bruises, you should look into hiring an experienced injury law firm. 

The more complex your case is and the more severe the injuries, the more likely the negligent party’s insurance company will fight you and refuse to pay fair compensation.

An attorney attorney can help you investigate, prosecute, and negotiate your case from a position of strength.

 

Common Causes of Pedestrian Accidents

Similar to other motor vehicle accidents, crashes involving pedestrians are caused by drivers not paying attention or even breaking the law. Here are some common causes of pedestrian accidents:

Exiting Parking Lots

These days, it seems like everyone is in a hurry. When some drivers exit a parking lot to get on the road, they don’t observe their surroundings, especially pedestrians in the parking lot.

Turning Right On Red

Drivers are allowed to turn right at a red light, but only after verifying it is clear to do so. While drivers usually check to ensure there is no traffic coming, many often fail to check for pedestrians walking the intersection to their right.

Pulling Out Of Driveways

Drivers must be aware of their surroundings before backing out or pulling out of driveways. Distracted driving, or even texting while driving, can lead to drivers striking pedestrians while exiting a driveway.

Failing To Yield

A pedestrian has the right of way. There is simply no reason for failing to yield to a pedestrian other than distracted driving.

Running Red Lights And Stop Signs

When drivers disobey traffic signals and stop signs, pedestrians are often in the crosshairs. 

Our traffic devices and rules are designed to give pedestrians free access to travel while the opposing lane is stopped. A driver’s failure to stop when required creates a high risk of pedestrian accidents.

 

What To Do After A Pedestrian Accident.

After a pedestrian accident, keep calm. Check if you have injuries. If you can get out of the lane of traffic safely, do so immediately. You want to avoid a second accident at all costs.

Call The Police

Calling the police after pedestrian accidents is crucial. The police will secure the scene, get emergency services, get witness statements, and issue a report.

The police report is vital evidence if you settle your own case or hire an attorney to file a case for you.

Do Not Discuss Fault on The Scene or With the Motorist’s Insurance Company

At the scene, you should not admit any fault. Even if you think you were jaywalking or had the “do not walk sign,” that may not be the case. 

Just give a brief description of where you were coming from and how you got hit. You may not be thinking clearly, and you do not want to say anything that could hurt a future claim.

If the driver’s insurance company calls you and asks you about the accident Just Say No! No recorded conversations, no authorizations, and no releases.

Get Medical Treatment

When you suffer injuries from an accident, you should get medical treatment right away. You want to treat any serious injury before it gets worse. 

Further, if you delay getting treatment, the other driver’s insurance company will falsely claim that you weren’t that hurt.

Getting prompt medical care protects both your health and your future accident case.

Document The Accident Scene

Remember to take pictures of all motor vehicles involved.  This includes all property damage, any injuries you suffered, any traffic lights, and the other driver’s insurance information.

This information will be helpful in proving your case, especially when the negligent driver hires a lawyer to dispute your version of events.

 

The Benefits Of Hiring A Fairfield Pedestrian Accident Lawyer

Your lawyer will hire investigators to gather all relevant evidence. They will document the scene, and interview witnesses.  Also, they will pull video footage from traffic cameras and stores, and request government documents.

Locating all relevant evidence early is key to preserving your right to proper compensation.

Hire Experts

Your lawyer will hire experts such as an accident reconstruction expert. The expert will help you prove the negligent party’s fault.  

This person will measure the skid marks and yaw marks at the scene. The reconstructionist will also look at property damage and traffic devices.  

Negotiate The Claim

In cases involving serious accidents, your attorney will use their experience to negotiate a fair settlement. Insurance companies try all kinds of tricks to chisel down the value of your case. 

Experienced lawyers know these tricks and can defeat them during settlement negotiations or at trial.

 

Recovering Full And Fair Compensation After A Pedestrian Accident

If you were hurt in a CT pedestrian accident, you are entitled to compensation for your injuries. The categories of damages you can recover after an accident are:

• Lost wages if you missed time from work
• Medical expenses for any money you spent treating for your injuries
• Future medical costs if you have permanent injuries that require future treatment
• Pain & Suffering
• Loss of enjoyment of life for those hobbies and activities that have been taken away or diminished due to your pain.

These are the factors that go into determining full compensation in personal injury cases.

 

How Do You Determine Liability or Fault in a Pedestrian Accident in Connecticut?

Not all pedestrian accidents are the motor vehicle operator’s fault. While a driver must respect the pedestrian’s right of way, there are circumstances where the pedestrian is at fault for the accident.

Reasons Why The Pedestrian Might Be At Fault

A pedestrian has a duty to act in a safe and reasonable manner. These are some actions that might cause the pedestrian to be partially or completely at fault:

• Looking at their phone instead of in front of them.
• Walking under the influence and wandering into the lane of traffic.
• Running into the road
• Ignoring or not paying attention to road signs and traffic signals
• Crossing the road, not at an intersection.

A classic scenario in which the driver would not be at fault is a “dart out” case. When a pedestrian (usually a child) darts into the road and there is nothing a car can do to avoid the accident, the motor vehicle operator is not at fault. 

Under Connecticut law, this is called the “unavoidable accident doctrine,” and it excuses the motorist from any responsibility.

The Crosswalk Laws in Connecticut

Crosswalk laws are codified under Connecticut General Statutes § 14-299 and 14-300.

Some relevant portions are below:

• A pedestrian can cross any intersection with walk/don’t walk signs. However, once the “don’t walk” sign is illuminated, pedestrians shall not begin to cross the crosswalk.
• At any intersection with a circular green traffic light, pedestrians can cross the crosswalk or intersection facing the green signal within any marked or unmarked crosswalk.
• At each intersection with a marked OR unmarked crosswalk, a driver must yield the right of way to pedestrians in the crosswalk.
• Driver’s with a green arrow still must yield the right of pedestrians before turning.

 

What Is the Average Settlement for a Pedestrian Accident Case?

Settlements in pedestrian accident cases vary considerably. It is impossible to give a one-size-fits-all rule because every pedestrian accident case is different. 

The factors involved in valuing your case are:

Liability – Who Is At Fault For Causing The Accident?

On liability, the question is: who is the negligent party? If you can prove the driver failed to drive in a safe and reasonable manner, you have proven liability.

If there is a dispute about who caused the accident, the value of your case will be reduced by your percentage of fault. 

For instance, if a jury awards you $100,000 but finds you 40% at fault and the driver 60% at fault, you can only recover $60,000.

Damages – How Injured Are You?

The value of a pedestrian accident claim depends greatly on the severity of the injuries. 

Cases with minor bumps and bruises are less valuable than cases with broken bones. Pedestrian fatalities obviously carry the highest settlement value.

Coverage – How Much Insurance Coverage Is Available?

Even if you proved the motorist was at fault and that you were seriously injured, your recovery may be limited by how much insurance coverage is available.

If the other driver carried only $25,000, that is the maximum of what you can recover in a pedestrian accident case. However, there are situations where your lawyer may be able to locate additional insurance dollars for you.

If you carry “underinsured motorist coverage,” your own insurance company steps up to the plate and compensates you.  The company will cover you for any shortfall between the negligent driver’s insurance limits and your own policy limits. 

For example, if your damages are valued at $100,000, but the negligent party only has $25,000 of coverage, if your own auto policy contains $100,000 of underinsured motorist coverage then you can recover the full value of your injuries. 

You should speak with a pedestrian accident attorney to find out how much insurance coverage you have available to you.

 

How Long Do I Have to File a Pedestrian Accident Claim in Connecticut?

In pedestrian accident cases, you have two years from the date of the accident to file a personal injury claim or settle.  This is called the “statute of limitations.”