Pedestrians are especially vulnerable to severe and catastrophic injuries in the event of a collision with a motor vehicle. A Middlebury pedestrian accident lawyer like Drew Palcsik at Champlain Valley Law understands the significant physical and financial damages which may be suffered by those involved in these types of accidents.
A skilled personal injury attorney will work tirelessly to help you seek the compensation you need for all of your damages and injuries. Drew will help injured you obtain compensation for damages including your lost wages, medical bills, therapy costs, pain, suffering, and other related losses.
The Statute of Limitations to File a Claim
Vermont law provides a specific window of time following an accident in which you are permitted to file a civil lawsuit. 12 Vermont Statutes Annotated § 512 establishes a three-year time limit to pursue compensatory damages, which applies to most but not all injury claims. This means if you are injured in a pedestrian crash, you must file your case within three years of the injury date or else you forfeit your right to damages.
Common Causes of Pedestrian Accidents in Middlebury
Speeding, reckless or careless driving, texting while driving, and driving while alcohol-impaired may result in serious pedestrian accidents. Running red lights, failing to yield at an intersection, and driving under the influence of drugs are also common contributing factors in these types of accidents. Drew will review the facts of your pedestrian wreck, including any crash report completed by law enforcement, to determine whether a driver broke the law and will be responsible for damages.
Common Pedestrian Injuries
Pedestrians are at risk of serious injury when walking around or near motor vehicles. Serious pedestrian injuries may include the following:
- Dislocated and broken bones
- Limb loss
- Traumatic brain injuries (TBI)
- Back and spinal cord injuries
- Neck injuries
- Lacerations and contusions
Accordingly, if you are injured in a pedestrian crash you may be able to recover compensatory damages with the help of Drew Palcsik, an experienced attorney in Middlebury, including your past and future financial losses. If a pedestrian is killed in a motor vehicle collision, a lawyer will help surviving members of the decedent’s family obtain compensation for medical bills, burial costs, loss of companionship, and more.
Liability in Middlebury Pedestrian Wrecks
To recover compensation after a pedestrian accident, the injured party must establish liability for their damages. For the at-fault driver to be held liable in a pedestrian accident, you must show the following:
- The driver had a legal duty of care to the pedestrian to drive in a reasonably prudent manner
- The driver failed to fulfill that duty
- The driver’s failure was responsible for the pedestrian’s injuries
- The pedestrian sustained physical injuries
All motorists are bound by a legal duty to avoid causing foreseeable harm to others on the road. Therefore, if a driver ignores this duty and hits a pedestrian, they are responsible for damages. A diligent Middlebury accident attorney will help an injured pedestrian prove the elements of negligence needed to support your claim.
Under 12 V.S.A. § 1036, when responsibility is shared between both parties, the injured person’s recovery may be reduced or entirely eliminated. The law still permits a partial recovery if you are 50 percent or less at fault, your compensation amount will be reduced comparable to their liability percentage. If your percentage of fault exceeds 51 percent, you are unable to recover compensation for damages.
A seasoned pedestrian accident lawyer will ensure that claims of comparative fault are neutralized or minimized.
Retain the Services of a Middlebury Pedestrian Accident Attorney
If you have been harmed in a collision while walking, you should get the advice of a Middlebury pedestrian accident lawyer as soon as possible. You may be owed compensation for your injuries, but it is important to act promptly to protect your legal rights. Call Drew Palcsik at Champlain Valley Law today to schedule a consultation.