Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Being involved in a car accident can be a frightening experience for everyone involved, including family members of those injured. The accident can lead to injuries such as broken bones, brain injuries, and even permanent disabilities.
As a pedestrian, you can be involved in an accident involving a car, truck, bus, or motorcycle, but regardless of your specific situation, you are probably entitled to compensation if you have been hurt. While you are trying to physically recover from your injuries, let a Toledo pedestrian accident lawyer help you recover financially. Speak to a distinguished personal injury attorney as soon as possible.
There is no statute that the courts will primarily refer to when looking at a pedestrian accident case. Instead, the judge will have to apply negligence laws. There are four required elements that a pedestrian accident lawyer must prove in order to show that the other side was negligent. These elements are duty of care, breach of duty, causation (actual and proximate), and damages.
The duty of care that one person typically owes to another is the duty to act as a reasonable person would under comparable conditions. This duty is breached when a person fails to act reasonably, like when a driver decides to run through a traffic light during normal driving conditions.
Actual cause means that the injury would have never occurred except for the other person’s negligent act. Proximate cause focuses on foreseeability, or whether it was predictable that a certain act could cause injury to a type of person. It must be shown that there were actual damages. This can include physical injuries, emotional trauma, or property damage.
When it comes to negligence, Toledo follows the comparative negligence model. If both sides were found to be partially at fault, the amount the injured party can recover is reduced by that amount. For example, if a plaintiff is awarded $50,000 and found to be 10 percent at fault, then the total amount they can recover is $40,000.
However, injured individuals should be aware that if they are found to be more at fault than the other side, then they may not recover anything. A Toledo pedestrian accident lawyer knows that if a jury found an individual to be at even 51 percent fault, they may lose the right to recover anything.
When an accident occurs, the injured person has two years from the date of the injury to file a claim. However, a person should not wait until the very last minute to file, as it is a risky move in case any unforeseen delays arise. Cases can also become more complicated as time goes by, and injured individuals may need the financial help sooner than that.
A lawyer can first help you avoid missing the statute of limitation deadline for your case. An attorney can give you options to decide how you want to proceed. In certain situations, you may want to achieve a faster resolution by directly negotiating with the other person involved, or in some cases with their insurance company, to reach a settlement.
Otherwise, you have the option of going to trial where you can fully fight for recovery of what you have lost because of the accident. Speaking to a Toledo pedestrian accident lawyer can relieve some of your anxiety following this incident.
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