When a motorist hits a pedestrian, the results are often tragic. Even at low speeds, a vehicle can severely harm a pedestrian. These collisions frequently result in traumatic brain injuries (TBIs), spinal cord damage, and other catastrophic injuries.
If you have been injured in a pedestrian accident, you may be entitled to compensation. Even if you contributed to the incident in some way, the driver could still be held partially responsible. Connecticut General Statutes § 14-300d imposes a duty on drivers to exercise due care to avoid colliding with pedestrians or people using human-powered vehicles. Failing to do so can result in a fine and help influence a fault finding in a pedestrian wreck. A Connecticut pedestrian accident lawyer at D’Amico & Pettinicchi, LLC, can help you understand the role of fault and prove a driver’s liability in a personal injury lawsuit.
Connecticut has a program called Watch for Me CT, which is designed to protect pedestrians and cyclists from careless drivers. In addition to highlighting laws and safety tips for pedestrians, this program describes some of the obligations drivers have when they encounter pedestrians.
While pedestrians do not always have the right of way, they do have the right of way in crosswalks—marked and unmarked. Once a pedestrian steps off a curb, they are in the crosswalk, and drivers should stop. When crosswalks are present, pedestrians should use them—it is illegal to cross outside of a crosswalk when they are present in the area. Pedestrians must obey pedestrian signals when they are available, but they keep the right of way as long as they enter the crosswalk on a “Walk” signal. When not at a crosswalk, pedestrians should yield the right of way to any vehicle.
Pedestrians should use sidewalks when they are available. When unavailable, pedestrians should walk on the far left of the road, facing oncoming traffic. Pedestrians should not dart in front of cars. Furthermore, pedestrians should not walk in the road while they are under the influence of alcohol. However, they do not have the same restrictions as vehicle operators.
While people think of pedestrians as walkers, the law treats all people using person-propelled vehicles as pedestrians. So, wheelchair users, roller skaters, and skateboarders fall into the category. Additionally, the law treats cyclists like pedestrians when they are on sidewalks or in crosswalks.
Often, pedestrian wrecks occur from a combination of factors. You may not have been paying attention to traffic, which can put you at risk, especially if the driver is distracted, speeding, or otherwise violating the law. However, since drivers must look out for pedestrians, even those violating the law, a pedestrian’s negligence does not rule out their opportunity to recover. Learn more about your legal rights after a pedestrian accident during a free consultation with a Connecticut attorney.
Connecticut is a modified comparative negligence state, which allows you to recover for injuries as long as you are not 51 percent or more responsible for those injuries. In a pedestrian accident, a driver may be liable even if you stepped in front of their vehicle, jaywalked, or walked on the wrong side of the road. It will depend on the specific facts of the case and also on the driver’s behavior.
One role of a Connecticut lawyer who handles pedestrian accidents is to help prove that the driver was more negligent than you were. To do this, they gather information about the accident, including witness reports, photos, videos, police reports, and more. Then, they reconstruct the accident to demonstrate why the driver was to blame.
A pedestrian accident can completely upend your life. You are almost certainly dealing with painful and severe physical injuries. Medical costs and time away from work can lead to tremendous financial pressure. Plus, you may be uncertain about whether you will ever be able to return to your daily life, return to work, or physically recover. The stress can make it difficult to make decisions about your legal rights.
Talking to a Connecticut pedestrian accident lawyer at D’Amico & Pettinicchi, LLC, can help you understand your options. Looking at the facts, they can provide their opinion regarding fault, help identify potentially liable parties, and estimate the monetary value of your damages.
Call today to schedule a free, no-obligation consultation with one of our legal professionals.
