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Accidents between motor vehicles and pedestrians often have devastating short- and long-term consequences for the pedestrian. Whether it happens in a crosswalk, on a sidewalk, or the on the shoulder of a busy road, an accident like this affects the victim’s physical health, emotional wellbeing, and financial stability.
If you were injured in this type of accident, consider seeking help from a knowledgeable personal injury attorney. Handling a civil lawsuit can be hard enough when you are in perfect health, so give yourself the best chances of success and hire a Holland pedestrian accident lawyer. Our legal team at Charles E. Boyk Law Offices has experience with these types of cases and can guide you through the legal system.
To succeed in a personal injury claim, you must be able to prove the other party was at fault. This involves showing that the defendant owed you a duty of care, breached that duty, and caused you harm. Only then may they be held financially liable for your damages.
Every motor vehicle operator assumes a duty of care when they get behind the wheel. This means if a driver fails to yield, ignores a traffic sign, or violates any other traffic law, they have breached their duty of care. So, if the other party was driving recklessly when they hit you, a skilled pedestrian accident attorney can help you establish fault.
It is important to understand that the driver is not always solely responsible for the accident. As an injured pedestrian, you can also be held liable for your role in the collision. For example, if you were texting and did not cross at a crosswalk, the defense may argue that you are partly responsible.
Any degree of fault assigned to you can significantly impact your ability to recover compensation for your damages. This is because under Ohio Revised Code § 2315.33, anyone found partially liable for their own injury could have the final damages award reduced by their percentage of fault. So, if you are 30 percent responsible, the award would be 30 percent less.
Additionally, those found to be more than 50 percent at fault for causing or exacerbating their injuries are barred from recovering any compensation whatsoever. A determined attorney in Holland can help you combat these types of allegations.
Even when they occur at low speeds, pedestrian accidents can have significant consequences. Common examples of injuries include:
Due to the catastrophic nature of these incidents, it is critical to seek compensation for all losses you have suffered and will suffer in the future. This includes economic damages, such as medical bills and lost wages, and non-economic damages, like pain and suffering. Although in many cases there is a cap on the amount of non-economic damages that an injured party can recover, the typical damages cap on non-economic damages do not apply to some of the most severe injury cases. An experienced Holland personal injury lawyer can help you evaluate whether or not the caps apply to your case.
Regardless of how serious your injuries are, you could lose the opportunity to seek compensation if you file your case too late. Under O.R.C. § 2305.10, an accident victim must start filing suit within two years of the incident. A diligent lawyer can file the pedestrian injury case on your behalf.
If you were recently struck by a negligent driver, you may be overwhelmed by the situation and unsure what to do next. Your top priority should always be to get the medical care you need and begin treatment. After that, you should make it a priority to talk to a legal professional to review your situation.
A Holland pedestrian accident lawyer can explain the legal possibilities in your situation and work with you to protect your best interests. Call us today to schedule a free, easy consultation.