All accident injuries are evaluated based on fault and negligence, including the actions of a pedestrian when they are struck by a vehicle. While pedestrians do generally have the right-of-way in a typical accident injury case, they can also be held liable for their own injuries in some situations. Intentionally stepping in front of a moving vehicle of any type is a common example, and it does happen from time to time. However, this is also a common defense for those who are accused of hitting a pedestrian of any type while driving. This can even include individuals on bicycles when they are not on the highway. And, victims are often left defending their actions as a result. This scenario is exactly when it is vital to have an experienced Denver accident lawyer representing the case because driver’s are typically provided an attorney by their insurance provider who will be focused on reducing the negligence level of the client as much as possible.
How an Attorney Can Help
A personal injury attorney can investigate an accident case thoroughly on behalf of their client, including interviewing witnesses and discussing the case with official accident reconstruction specialist who may suggest the pedestrian was largely at fault. Insurance companies regularly use comparative negligence as a defense, and this information on an official report favors the defendant driver. In addition, a Denver accident lawyer can also evaluate the defendant’s driving record as additional information suggesting a bad driving practices history such as excessive speeds in low-speed locations.
The percentage of fault attributed to an injured pedestrian is the basis for the amount of compensation they can receive for designated claimed injuries. Pedestrians who are found to be 50% or greater at fault for their own injuries will be barred from any financial recovery. Your personal injury attorney can affect this determination by presenting an argument in court proving their injured client was minimally responsible for the mishap. The percentage will be used to reduce the claim, but it is also a claim that could otherwise be completely denied.
Never attempt handling your own pedestrian accident injury case. Colorado residents should always call McDermott Law LLC for comprehensive and aggressive representation.