When a car strikes a pedestrian, police typically hear one version of how the accident happened: that of the driver. The pedestrian is usually too injured to say anything. As a result, police may assign fault to the pedestrian based on nothing more than the word of the driver.
At The Law Firm of Hill, Peterson, Carper, Bee & Deitzler, PLLC, in Charleston, our lawyers advocate for the rights of injured pedestrians. If you or a loved one has been struck by a car in West Virginia, contact us for a free initial consultation.
Fault In Car-Pedestrian Accidents
Fault is an important factor in pedestrian accidents. In West Virginia, you cannot recover compensation from the insurance company of the driver if you were 50 percent or more at fault. Drivers often try to avoid responsibility by saying that you darted into traffic, crossed against a traffic control device or jaywalked.
In reality, drivers in West Virginia have an obligation to watch out for pedestrians not only in crosswalks but also in other areas. Here are examples of times when the driver may be negligent:
- When the accident occurs in a crosswalk
- When the driver makes a right-hand turn into a pedestrian who is crossing the street
- When the driver had an opportunity to avoid the accident but didn't
- When the driver strikes a pedestrian who is walking along the side of the road
- When the driver is distracted, under the influence or speeding
Protecting pedestrians from careless drivers is a priority for us at The Law Firm of Hill, Peterson, Carper, Bee & Deitzler, PLLC. The sooner you contact us, the sooner our attorneys will go to work collecting and preserving evidence of driver negligence.
Contact Our West Virginia Crosswalk Accident Lawyers
If you or a loved one was struck by a careless driver, contact our firm today at 304-205-1810 or 800-797-9730 to schedule a free initial consultation.