Connecticut Pedestrian Accident Lawyer

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 Injury Lawyers can help you understand the role of fault and prove a driver’s liability in a personal injury lawsuit.

Pedestrian Rules and Protections Under Connecticut Law

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.

Modified Comparative Negligence and Fault in Pedestrian Collisions

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.

Consult a Pedestrian Accident Attorney in Connecticut

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 Injury Lawyers 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.

FAQ: Connecticut Pedestrian Accident Lawyer

If you’re searching for a Connecticut pedestrian accident lawyer near you, you likely have questions about your legal rights and options. Here are some of the questions we receive most often at D’Amico Pettinicchi Injury Lawyers.

You should never accept a settlement offer without your attorney’s input. Initial offers are almost always lowball offers. Insurance companies try to take advantage of injured people’s desperation and lack of understanding of their own rights. If you accept an offer that turns out to be far less than you need or deserve, you can’t go back and request additional compensation later. It’s in your best interest to let your lawyer review any settlement offers and help you understand their relative merits.

Possibly. If settlement negotiations don’t yield a fair offer, we won’t hesitate to pursue justice through the courts. However, the vast majority of personal injury cases, including pedestrian accident cases, never reach the courtroom. Insurers often prefer to avoid the time and expense of a trial and are motivated to reach a settlement.

At D’Amico Pettinicchi Injury Lawyers, we always prepare each claim as if it might go to trial. Founding partner Michael D’Amico is an experienced trial attorney who has earned dual board certification in both civil trial advocacy and civil pretrial practice from the National Board of Trial Advocacy. This means he has extensive courtroom experience as recognized by his peers.

Helpful evidence may include the police report, photos of the scene, traffic signal timing, crosswalk markings, lighting conditions, vehicle damage, injury photos, witness contact information, medical records, electronic control modules or data event recorders for involved vehicles, dashcam footage, nearby business or residential surveillance video, and 911 or emergency response records.

This evidence can help show where the pedestrian was, how the driver approached the area, whether the driver had time to see and react, and whether roadway or signal issues contributed to the crash.

In many Connecticut personal injury cases, the general deadline to file a lawsuit is two years from the date of injury under C.G.S. § 52-584. However, pedestrian accident cases involving defective roads, sidewalks, bridges, public property, municipal vehicles, or other government-related issues may involve shorter notice requirements, some as short as 90 days. Because deadlines can vary based on the facts, it is important to speak with an attorney as soon as possible after the accident.

It’s important to take steps to protect yourself after a pedestrian accident. Avoid accepting blame or apologizing at the scene, while talking with the responding officer, or while interacting with insurance adjusters. Don’t post about the accident on social media or discuss it with anyone other than your trusted Connecticut pedestrian accident lawyer. Finally, don’t do anything that could call your injuries into question. Seek medical attention right away and follow your doctor’s treatment and recovery recommendations, both to promote healing and to preserve your right to compensation.

Most New Haven pedestrian accident attorneys – including the team at D’Amico Pettinicchi Injury Lawyers – work on a contingency basis. This means your lawyer charges no fees upfront or while the case is in progress, and you’ll only pay attorney fees if they recover compensation for you. Their compensation will come out of any settlement or award you receive. Ask your attorney about their fee structure during the initial consultation so you’ll understand what to expect from the process.

While not required by law, working with an experienced Connecticut pedestrian accident lawyer is essential for navigating the personal injury claims process. Your attorney will investigate the accident, handle communications with insurers, prepare a claim on your behalf, negotiate with the at-fault party, and, if necessary, represent you in court. They’ll handle all the details while you focus on healing from your injuries. Connecticut pedestrian accident attorneys have experience handling these cases – leave the work to them while you recover your health.

Drivers and insurance companies may argue that the pedestrian was outside the crosswalk, crossed against a signal, was distracted, wore dark clothing, or stepped into traffic unexpectedly. These arguments can reduce or defeat a claim if they are not challenged with evidence.

Connecticut follows comparative negligence rules, meaning fault can be divided between the driver and the pedestrian. A pedestrian accident lawyer can investigate the crash, preserve evidence, and push back against unfair blame-shifting.

If you were hit while walking in a marked or unmarked crosswalk, the driver’s conduct should be carefully investigated. Important questions include whether the driver failed to yield, was distracted, was speeding, turned without looking, ignored a traffic signal, or failed to slow or stop when required. Connecticut’s pedestrian right-of-way rules can be important in these cases, but the facts still matter. Photos, witness statements, traffic signal information, crash reports, and nearby video can help show what happened.

The driver is at fault in most pedestrian accidents, whether because they were speeding, distracted, impaired, or in violation of Connecticut’s right-of-way laws. However, other parties can also be wholly or partially responsible in these cases, including government entities responsible for maintaining traffic signals and crosswalks. A skilled Connecticut pedestrian accident lawyer will review the facts to identify all potentially liable parties.

Note that in claims involving government entities, such as injuries caused by a defective road, sidewalk, or bridge, the injured party has just 90 days to file written notice of a claim.

Pedestrian accident claims in Connecticut often turn on where the person was walking, whether they were in a marked or unmarked crosswalk, whether the pedestrian was impaired or distracted using a cell phone, whether the driver failed to yield, whether traffic signals were working properly, and whether another party contributed to the crash. Because pedestrians often suffer serious injuries and insurance companies may try to shift blame, it is important to seek medical care, document what happened, and speak with a pedestrian accident lawyer as soon as possible.