Pedestrian accidents occur all too often within the state of Connecticut. Pedestrian accidents can be caused by driver negligence, the negligence of the pedestrian, or a combination of both. If you were harmed as a pedestrian, it is possible that your rights were violated and another was negligent in causing your harm. This may entitle you to significant financial payments through a personal injury claim.
A Torrington pedestrian accident lawyer will help you seek the compensation you deserve in your case. Schedule a consultation with our team at D’Amico & Pettinicchi, LLC today to get started.
Pedestrians have the right to walk in certain locations and at certain times. Failures by others to account for and respect these rights may constitute negligence on their part. This negligence may be the basis for a lawsuit. In many cases, pedestrians have the right of way on private or public sidewalks, crosswalks, and other locations where cars may intersect them.
Pedestrians also have responsibilities. They are required to cross roadways at the right time, such as when the pedestrian sign indicates to “go.” Jaywalking or crossing a street at an impermissible time may constitute negligence on the part of the pedestrian. The responsibilities and rights of all parties at the time of the accident must be determined to learn who is at fault—something a Torrington pedestrian accident attorney can help with.
If a pedestrian accident is partially the fault of both parties—the defendant and the plaintiff—a comparative negligence analysis must occur. While different states use different standards in these situations, Connecticut state law utilizes a modified comparative fault system to determine the damages a partially negligent plaintiff may recover.
Under Connecticut General Statutes § 52-572h, a plaintiff can still recover some damages if they are fifty percent or less at fault for their injuries. This determination of fault is decided by the jury in a jury trial or by the court in a bench trial. If the plaintiff is found to be fifty-one percent or more at fault for the accident, they are not entitled to recover any compensation.
If the plaintiff was negligent, but their level of negligence was fifty percent or less compared to the defendant, the plaintiff can still recover payments. The plaintiff will take a reduced award based on their level of fault. For example, if a pedestrian plaintiff is determined to be twenty percent at fault for the accident, their damages award will be reduced by twenty percent after their final determination.
In a successful pedestrian accident claim, the plaintiff is entitled to monetary damages for their injuries and other types of harm. These forms of compensation can include:
The amount and specific types of damages that may be available will depend on the facts of the plaintiff’s case. A seasoned pedestrian accident lawyer in Torrington could discuss the potential forms of compensation available in your case during an initial consultation.
Compensation through a personal injury lawsuit may help you get back on your feet following a pedestrian accident, or bring closure in the event of a wrongful death. You deserve the attention and care of a skilled attorney committed to protecting your rights.
An experienced Torrington pedestrian accident lawyer at D’Amico & Pettinicchi, LLC, is here to fight for you. Contact us today.
