It goes without saying that being hit by a car can be a traumatic experience. And in the chaotic aftermath that follows an accident, a lawsuit might be the furthest thing from your mind. But if the accident occurred because of someone else's negligence, and you've suffered injuries, you want to give Patrick Owen a call. Negligence is the failure to do (or not do) something that a reasonable party in a similar situation would that would protect others from foreseeable risks. To establish negligence in a pedestrian accident, the injured person (or "plaintiff") must prove that the person at fault (or "defendant") either owed a legal duty to the plaintiff under these circumstances, failed to fulfil that legal duty (through action OR inaction), or acted in a way that caused harm to the plaintiff.
Usually, pedestrian-vehicle accident cases depend on the duty of care owed by those involved. Both drivers and pedestrians must follow the rules of the road and exercise reasonable care. In many cases, it may seem obvious who was negligent, but the courts look at numerous factors in applying the facts to the negligence elements. A person who negligently operates a vehicle may be required to pay damages for personal and property damage caused by that negligence.
Generally, drivers must exercise reasonable care under the circumstances. Failure to do so is considered negligence. A few of the most common factors contributing to driver negligence are:
In the unfortunate event that you are hit by someone who does not have insurance on their vehicle or if their insurance does not cover all your damages, you may also be entitled to collect uninsurance and/or uninsurance.
People who may be legally responsible for your injuries might try to blame you for the accident, by claiming that your own negligence caused the accident. If you’ve been involved in a pedestrian accident, you should do the following:
Since most pedestrian accidents are very complex and difficult to handle, it is imperative that you act quickly and find a lawyer to address any questions and/or issues that probably will arise so that you may get all the help that you deserve. Because of laws called statutes of limitations, you only have a set amount of time to bring a claim for your injuries. Therefore, it is ideal to have us, experienced and top rated personal injury lawyers in Orange County, NY, look at your claim right away and help you asses your case. Then, you can leave the legal worries in their hands, and focus on getting your health back on track.
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