Morgantown, West Virginia, is a vibrant college town that’s home to West Virginia University. With a large student population and a walkable downtown area, it’s no surprise that many people choose to get around on foot.
However, this also means that pedestrian accidents are a serious concern. If you or a loved one has been injured in a pedestrian accident in Morgantown, it’s important to know your rights and seek the help of an experienced pedestrian accident lawyer.
Common Causes of Pedestrian Accidents
There are many factors that can contribute to pedestrian accidents in Morgantown. Some of the most common include:
- Speeding: When drivers exceed the posted speed limit, they have less time to react to pedestrians on the roadway.
- Failure to yield: Drivers who don’t yield the right of way to pedestrians in crosswalks or intersections are a major cause of accidents.
- Intoxicated driving: Drunk or drugged driving is a leading cause of all types of auto accidents, including those involving pedestrians.
- Poor visibility: Low lighting, bad weather, and other factors that reduce visibility can make it harder for drivers to see pedestrians.
Injuries in Pedestrian Accidents
Because pedestrians have no protection in a collision with a vehicle, they tend to suffer severe, catastrophic injuries.
Some of the most common include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Crushed or amputated limbs
- Internal organ damage
- Broken bones
- Severe lacerations
- Wrongful death
These devastating injuries can lead to overwhelming medical expenses, lost income, physical and emotional agony, and a lifetime of disability. Victims will likely need extensive medical treatment, surgeries, rehabilitation, and ongoing care. The road to recovery is long, painful, and expensive.
What to Do After a Morgantown Pedestrian Accident
If you’ve been involved in a pedestrian accident in Morgantown, there are certain steps you should take to protect your health and your legal rights:
Report the Accident
File a police report to document what happened. Give a factual statement to the officer about how the accident occurred, but stick to the basic facts. Do not admit fault, apologize, or speculate about what happened. The police report can be valuable evidence for your injury claim later on.
Watch What You Say
Be very cautious when speaking with the insurance company representatives. They may seem friendly and caring, but their goal is to pay you as little as possible. They can twist your words and use them against you later on. Avoid giving a recorded statement, signing any documents, or accepting a settlement offer until you have consulted with a pedestrian accident attorney.
Call a Morgantown Pedestrian Accident Lawyer
Trying to handle a legal claim on your own can be overwhelming, especially when you’re dealing with devastating injuries. An experienced Morgantown pedestrian accident lawyer can protect your rights and deal with the insurance company on your behalf so you can focus on your recovery. Your attorney will investigate the accident, gather evidence, handle all communications with the other parties, and fight for the full and fair compensation you deserve.
Your Rights as an Injured Pedestrian
If you’ve been hurt in a pedestrian accident that wasn’t your fault, you have the right to hold the at-fault party responsible and demand compensation for your losses.
Under West Virginia law, you can seek money for:
- Medical expenses (past, current, and future)
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Disability and loss of quality of life
- Other accident-related losses
However, you only have a limited time to take legal action. The statute of limitations for pedestrian accident lawsuits in West Virginia is two years from the date of the accident in most cases. If you miss this deadline, you will lose your right to seek compensation.
Don’t try to go through the legal system on your own. An experienced Morgantown pedestrian accident lawyer can advocate for your rights and help you seek the justice and compensation you deserve. An attorney can investigate the accident, gather evidence, deal with the insurance companies, negotiate a fair settlement, and take your case to trial if necessary.
Common Defenses in Pedestrian Accident Cases
When you file a pedestrian accident injury claim, the at-fault driver (and their insurance company) may try to avoid liability by raising various defenses.
Some common ones include:
Sudden Emergency Doctrine
The driver may claim they were faced with a sudden emergency situation and acted reasonably under the circumstances.
Assumption of Risk
The defendant may argue that you voluntarily assumed the risk of injury by engaging in dangerous behavior, like crossing the street outside of a crosswalk.
Failure to Mitigate Damages
The at-fault party may claim you failed to take reasonable steps to minimize your damages after the accident, such as seeking prompt medical treatment.
An experienced Morgantown pedestrian accident lawyer will know how to counter these and other defenses to protect your right to compensation. Your attorney can gather evidence to show the driver was at fault and advocate for your interests at every stage of the process.
Contact a Morgantown Pedestrian Accident Attorney Today
Pedestrian accidents are an unfortunately common occurrence in Morgantown, and they often result in severe injuries. If you or a loved one has been hurt in a pedestrian accident that wasn’t your fault, you have important rights and legal options. An experienced Morgantown pedestrian accident lawyer can be your strongest advocate during this difficult time and help you get the medical care, financial resources, and sense of justice you need to move forward with your life.
At Desai Law, we are dedicated to fighting for the rights of pedestrian accident victims in Morgantown and throughout West Virginia. Founding attorney Chirag Desai understands the immense challenges you are facing, and he will handle every aspect of your case with skill, compassion, and determination. We will thoroughly investigate the accident, deal with the insurance companies on your behalf, and fight tirelessly to get you the best possible outcome. Let us take the burden off your shoulders so you can focus on healing.
If you’ve been injured in a pedestrian accident in Morgantown, contact Desai Law today for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and explain your legal options.
You don’t have to go through this difficult time alone – let us stand up for you and demand the full and fair compensation you deserve. Call (304) 974-1974 or fill out our online contact form to get started now. We’re here to help you get your life back.
