I had a client call me the other day and say to me, “I was walking across the street and I was struck by a motor vehicle.” I asked her, “Where were you walking?” “I was walking in the middle of the road.” I asked her, “Were there any traffic signal devices?” “Yes, there were, and the traffic signal device said that the vehicle that struck me had a green light, and I didn’t see the vehicle.” The question that she had was, “Do I have a case?” The answer is potentially. It depends on where the accident occurred. It depends on the type of roadway that it was. Was it a residential roadway? Was it a roadway where you’re not supposed to be driving more than 25 miles an hour? Are we able to show that that vehicle was traveling at 45 or 50 miles an hour? Will there be culpable conduct on your part? Potentially, there will. Will that affect the value? Yes, it could. If you’re partially at fault, that will come into play in resolving the case.
The compensation on the line can be quite substantial and a pedestrian accident can turn your world upside down. Victims often face new financial and physical struggles. Medical bills and lost wages can put financial pressure on you, and long-term pain can be debilitating.
Victims can pursue compensation for any and all costs related to their accidents. There are two main types you can pursue, including compensatory and punitive damages. Compensatory damages provide coverage for costs directly related to the accident. This can help you pay for:
- Medical bills, long-term care
- Property damage
- Pain and suffering
- Lost wages
- Loss of earning capacity
In addition to compensatory damages, you can seek punitive damages. Punitive damages are a form of financial punishment in cases of gross negligence or malice. These damages are awarded by a jury if your case goes to trial, and they’re awarded on top of any compensatory damages.
It is especially important to have the right people in your corner to fight for your compensation in a case where you may be found partially at fault for a pedestrian accident. Of course we want to get full and fair justice. That means fighting against the insurance company to avoid having you be blamed for causing the accident when you did not.
Were you or a loved one seriously injured while walking and have questions about having been partially at fault for a pedestrian accident? Contact the Law Offices of Brian J. Elbaum today for a free case evaluation. Let our experience work for you.