South Windsor Pedestrian Accident Lawyer

Pedestrians have virtually no protection against the impact of a car or truck. They may be permanently disabled or killed in an accident. Our attorneys at Berman & Russo, regularly prepare major accident and injury claims such as those that occur in many pedestrian crashes. We will construct a case showing exactly how the driver’s negligence led to your injuries and the resulting effects on your life. We will forcefully seek financial compensation for your pain and suffering, the cost of your medical treatments, and your lost wages. Call today to speak with a South Windsor pedestrian accident lawyer.

Driver Negligence Versus Pedestrian Negligence

Vehicle drivers are responsible for following all of the rules of the road that pertain to pedestrians and owe them a duty of care. This means that drivers are to always use caution and watch for pedestrians, especially in areas where the number of pedestrians is higher. However, this is the case everywhere, even if someone is jogging on the side of the road in a less populated area. Drivers need to be careful in passing a pedestrian, giving as wide a berth as possible to ensure safety of the pedestrian, and must yield to pedestrians in crosswalks. Speeding, failure to yield, distracted driving, drunk driving and driving too aggressively in poor weather conditions are just some of the types of driver negligence that can cause a pedestrian-auto accident.

Pedestrians typically have the right of way but also must follow rules themselves. If a pedestrian was negligent and as a result became injured due to their own negligence, then a case cannot be brought against the driver in the collision. If the driver was injured, he or she may bring a case against the negligent pedestrian if the pedestrian was not within the bounds of a marked crosswalk, entered traffic suddenly and disrupted the flow of the vehicles, suddenly stepped out or ran out in front of a vehicle, or ignored the lighted “walk” sign at an intersection or other negligent actions. Our South Windsor pedestrian accident attorneys could help you determine who is liable.

What Is Comparative Fault?

Sometimes, both the driver and the pedestrian share some blame for an accident. For instance, a motorist who sped through a red light at an intersection without looking to see whether someone was entering a crosswalk could be at fault. However, if that motorist struck a pedestrian who was crossing the road just outside of the crosswalk, that pedestrian might share a portion of the blame for the accident. In that situation of shared fault, Connecticut courts would not bar the injured pedestrian from pursuing a legal claim as long as the driver was more to blame than the pedestrian. Instead, the court would assign percentages of blame to each of the parties. For example, the court might determine that the motorist’s negligent driving made them 70 percent responsible for the crash, while the walker who crossed the road in front of the crosswalk was 30 percent to blame. Because Connecticut courts operate with a modified comparative fault standard, the injured pedestrian would still be able to sue the negligent driver. However, a court would reduce the pedestrian’s damages by 30 percent in accordance with their degree of blame.

Were You Hurt As A Pedestrian?

Since pedestrians are on the road unprotected, their injuries tend to be catastrophic if they are hit by a car. We handle cases involving injuries such as:

• Spinal cord injuries
• Neck and back injuries
• Nerve injuries
• Head injuries, concussions and traumatic brain injuries (TBIs)
• Broken bones
• Amputations and crush injuries
• Burns and road rash

In addition to physical trauma, many pedestrian accidents lead to serious emotional and psychological struggles. After being in such a severe accident, some injured pedestrians find it triggering to be around heavy traffic. The post-traumatic stress of the accident could interfere with an injured person’s ability to participate in life both personally and professionally.

Wrongful Death

Unfortunately, many pedestrian accidents are fatal. It is often difficult to survive the impact of a car. In these situations, we may be able to file a wrongful death claim on behalf of the decedent’s estate and surviving loved ones. While we know it won’t bring someone back, we work to see that the compensation obtained helps alleviate some of your family’s financial burdens and helps you move forward as much as possible.

Possible Recoverable Damages After Being Struck by a Car

Because pedestrian accidents frequently result in life-altering injuries, survivors of these events often face significant physical, emotional, and financial challenges. Physically, they might face unrelenting pain, surgeries, lengthy hospitalizations, and physical and occupational therapy to relearn how to accomplish tasks that their injuries have made impossible. Emotionally, they might not be able to come to terms with what their accident has done to their life. Not being able to participate in their everyday and favorite activities can interfere with their quality and enjoyment of life. Financially, the economic burden of such a severe injury can create hardship for an injured pedestrian and their loved ones, particularly if their injuries stop them from going to work and bringing home a paycheck to support themselves and their family.

Our seasoned South Windsor attorneys could pursue maximum compensation for all of an injured pedestrian’s losses, including the following:

• Mental anguish
• Pain and suffering
• Diminished quality of life
• Lost wages, benefits, and other income
• Therapy costs for emotional and psychological injuries
• Loss of future earnings if the injuries force a pedestrian to stop working or to work at a lower-paying job
• Medical expenses for current and future anticipated ongoing care, including the cost of doctors’ visits, surgeries, medications, assistive devices, nursing care, rehabilitation, and physical therapy

Fortunately, Connecticut does not cap the amount of recoverable damages in pedestrian accidents, so a determined legal team could use their experience and knowledge to secure justice by advocating for what the injured pedestrian deserves.

Insurance Companies Are Not On Your Side

After being hit by a car as a pedestrian, you should talk to our South Windsor attorneys before you talk to any insurance company or another party, besides law enforcement. Insurance companies focus on defending their bottom line, not paying rightful claims.

Our job is to represent your best interests in negotiations. Our record of success at settlement negotiations is among the best in Connecticut, but we always prepare to take pedestrian injury cases to trial. You will not have to accept a settlement that falls short of what you and your family need to move forward with your lives.

Schedule a Consultation With a South Windsor Pedestrian Accident Attorney

One of our South Windsor pedestrian accident lawyers can listen to your situation and determine the best way in which to proceed with a case. Call or contact us online to schedule a free initial consultation.

We represent clients throughout Hartford County (east of the Connecticut River) and Tolland County, including the communities of South Windsor, Windsor, East Windsor, Hartford, Bloomfield, Enfield, Windsor Locks, East Hartford, Manchester, Glastonbury, Marlborough, Somers, Stafford, Stafford Springs, Union, Ellington, Tolland, Willington, Vernon, Bolton, Coventry, Mansfield, Storrs, Andover, Hebron, Columbia and Middletown.