After someone gets hit by a negligent motorist, recovery may involve a lot more than just physical recovery. Depending on the circumstances, severe financial, professional, and personal losses may accompany this kind of incident as well, and to recover fully, an injured party may need dedicated assistance from a skilled personal injury attorney.
Our Fort Carson pedestrian accident lawyers could help you if a negligent driver hit you with their motor vehicle. We could prove not only civil liability in your case, but also pursue appropriate financial restitution for every injury and loss you suffered. We also could work to overcome any obstacles that impede your case’s progress or devalue of any damages you deserve.
When a motor vehicle strikes a pedestrian, the results are often devastating even if the impact occurs at a relatively low speed. In many cases, a person struck by a motor vehicle ends up suffering from permanent disabilities like paralysis, brain damage, and loss of limb. Even less severe injuries like broken bones and skin lacerations can prove incredibly expensive to treat and agonizing to recover from.
Any physical injury which requires professional medical care can be the basis for a civil lawsuit, provided the plaintiff also can demonstrate that the defendant owed them a duty of care and subsequently violated that duty in a way that directly caused the incident in question. A Fort Carson pedestrian accident attorney may make use of many different forms of evidence to demonstrate these criteria for legal negligence, including eyewitness testimony, photographs and videos of the accident scene, input from accident reconstruction experts, and police reports.
Assuming an attorney can prove liability, compensation for both economic and noneconomic damages may be available through either a court verdict or a private settlement. Recoverable economic losses may include medical expenses, lost wages, and loss of future earning potential. Noneconomic damages typically include emotional anguish, loss of enjoyment of life, disability and/or disfigurement, and physical pain and suffering.
According to Section 10.2 in the Colorado Driver Handbook, drivers must yield the right of way to pedestrians at all times and under any circumstances. However, if a defendant alleges that a plaintiff was not using a crosswalk or suddenly jumped out in front of their vehicle, the court may assign the plaintiff a percentage of fault and reduce their recoverable compensation accordingly. Under Colorado Revised Statute §13-21-111, any plaintiff found 50 percent or more at fault for their injuries is ineligible to recover any compensation.
In addition to helping contest accusations of comparative fault, a lawyer in Fort Carson could help a plaintiff file their pedestrian accident case before the applicable statutory deadline passes. Pedestrian accident claims are usually subject to a three-year statute of limitations under C.R.S. §13-80-101 since most of these incidents involve a motor vehicle.
Taking legal action may not be a top priority in the immediate aftermath of a pedestrian accident, but failing to consider your legal options could have severe consequences. Without civil compensation for your losses, you may end up bearing the brunt of the financial and personal costs from the accident yourself, even if you did nothing to cause it.
Instead of letting insurance companies and defense attorneys dictate your future, consider hiring a Fort Carson pedestrian accident lawyer who could defend your rights and look out for your best interests. Call today to schedule a consultation and discuss what may be possible in your case.