Pedestrian Accident Lawyer
Serving West Virginia and Ohio
Frequently Asked Questions
What is comparative negligence?
It’s another term for contributory negligence. It means that the person injured was partly responsible for his or her own injury, because of the way they behaved. An example would be a pedestrian who ran across a busy street without having a green light, or without using a crosswalk. When a court finds comparative negligence on the part of the plaintiff (injured pedestrian, in this case), any award to the plaintiff will be reduced.
I was hit by a stationary automobile which was rear-ended while waiting for me to cross the road. Who could I sue?
The driver of the vehicle which rear-ended the stationary vehicle would be one. There might be some reasons why that driver didn’t see the stationary vehicle, or wasn’t able to stop in time. An experienced pedestrian accident lawyer could investigate. You might be able to claim against the city government for such things as missing road signs, dangerous intersections, poor snow and ice removal, malfunctioning traffic lights, or poor ambient lighting.
Does a pedestrian have any rights at a crosswalk?
Yes. Drivers must stop and wait for you to cross, if there are no traffic lights, or if the lights are not functioning properly. The vehicles must wait until you have cleared their half of the street. However, if there is a tunnel for crossing, or an overhead walkway, and the pedestrian doesn’t use them, but crosses the roadway instead, he or she should give right of way to the vehicles. That means waiting until there’s a safe gap in the oncoming traffic.
Is it ever illegal to walk across a street?
Yes, at times. It’s illegal if you have a red light, or if you walk outside a marked crosswalk on arterial streets, or if you dash across causing vehicles to have to brake suddenly.
What should I do if I’m injured as a pedestrian?
You should contact the police as soon as possible. They will conduct an investigation into how and why it happened, and who might be held responsible. If possible, get the names and addresses of any vehicle drivers involved, and the names of their insurance companies. If you feel that your injuries are minor, contact the police anyway. Some injuries seem minor at first, especially neck injuries, but become more painful and serious after a few days or sometimes weeks. Certainly get prompt medical attention.
Please contact Jim Leach’s office in West Virginia to schedule your complimentary consultation so we can start assessing your legal position. First we will listen to your account of the situation, and then start filling in the picture by asking questions. Call or send us an email. We look forward to hearing from you.
Our pedestrian accident lawyer represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Jackson, Vienna, Morgantown, Athens, Charleston, Huntington, Ravenswood and Ripley.
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