Pedestrians in the Lakewood, CO area should use caution when walking near traffic. Still, all drivers have a duty of care to prevent collisions with pedestrians at all times, even when pedestrians may not behave appropriately. Pedestrian accidents can easily occur when drivers are not paying enough attention to their surroundings or failing to provide nearby pedestrians with the right of way when necessary. Auto-pedestrian accidents may also happen when a pedestrian does not use a crosswalk or walks out from between vehicles parked on the side of the road. However these accidents occur, the pedestrian is most likely to sustain serious injuries.
If you or a loved one recently experienced any kind of injury from an auto-pedestrian accident while walking in Lakewood, don’t hesitate. Seek legal representation as soon as possible to ensure you pursue all your available legal options for recovery. An experienced Lakewood pedestrian accident attorney can be a great asset if you are uncertain about your options for recovery.
Why Choose the Law Firm of Jeremy Rosenthal?
When you need legal representation for any type of personal injury claim, choose an attorney with experience and the ability to provide responsive, detailed communication with you through all phases of your case. At the Law Firm of Jeremy Rosenthal, we believe in individualized legal representation for every client. No two cases are the same, and no two clients have the same damages. We do not rely on any one-size-fits-all approach when it comes to pursuing our clients’ recoveries.
You can expect the legal team at the Law Firm of Jeremy Rosenthal to conduct a thorough review of your claim during your initial consultation. This allows our team to identify the opportunities and challenges your case presents and forms the foundation of your personal injury claim. Your auto-pedestrian accident likely resulted in serious injuries. Managing legal affairs while recovering from such an experience can be incredibly challenging. You can trust the Law Firm of Jeremy Rosenthal to handle your legal proceedings so you can focus on getting your life back together after your accident.
Determining Fault for an Auto-Pedestrian Accident
There is a long-standing misconception that a driver is always at fault in an auto-pedestrian accident. The reality is that these incidents can occur due to the negligence of pedestrians as well. However, due to the inherently dangerous nature of motor vehicles, drivers have a more serious responsibility to drive safely compared to the duty of care required of pedestrians. Even if a pedestrian contributes to causing an auto-pedestrian accident, the driver will very likely bear the lion’s share of liability for the resulting damages.
In any personal injury claim, the determining factor for liability for the damages listed in the claim is negligence or failure to act with reasonable care in a given situation. In most auto-pedestrian accident claims, the injured pedestrian must prove the defendant driver caused the auto-pedestrian accident due to a failure to drive safely, distraction, or some other type of negligence.
All Colorado drivers have a legal responsibility to avoid collisions with pedestrians at all times, even when pedestrians fail to cross streets legally or are otherwise negligent. A driver must always be prepared to stop to make way for a pedestrian. When they fail to do so, they are more than likely going to absorb liability for the resulting accident. Colorado upholds a modified comparative negligence law that bars plaintiff recovery when a plaintiff is more responsible for an injury than a defendant. However, it is unlikely for any plaintiff in an auto-pedestrian accident to be found more at fault than the driver who hit a pedestrian.
If a plaintiff’s Lakewood pedestrian accident attorney is successful in establishing negligence, the plaintiff can secure compensation for the damages listed in the claim. However, it is also necessary for the plaintiff and their legal team to demonstrate how their damages were the direct results of the defendant’s negligence and not some other cause.
Possible Recovery From a Successful Claim
Auto-pedestrian accidents often cause severe injuries, especially when the vehicles involved in these incidents are traveling at high speed. Pedestrians who experience these accidents often suffer serious injuries, including broken bones, brain injury, spinal injury, and much more. Most victims of auto-pedestrian accidents will not only incur expensive medical bills immediately following these accidents but also require long-term medical treatment. They may also face uncertainty when it comes to their ability to work in the future.
A personal injury claim for an auto-pedestrian accident in Lakewood can potentially secure compensation for a plaintiff’s medical expenses, lost income, and pain and suffering. They can also claim the cost of repairing or replacing any personal property damaged in the incident. It is also possible to recover anticipated future damages, such as long-term medical expenses and diminished earning capacity.
In some cases, plaintiffs may receive punitive damages. This most commonly occurs in civil claims that run in tandem with criminal claims, typically resulting from accidents caused by driving under the influence or other criminal acts. If a judge decides that a defendant’s behavior was well outside the scope of typical negligence, recovery could compound. It is likely the plaintiff will receive punitive or exemplary damages alongside their compensatory damages.
Why Do I Need an Attorney?
You might think that your auto-pedestrian claim is simple and straightforward enough that hiring an attorney would only amount to money lost on legal fees that you did not need to spend. This is not true. Hiring a Lakewood pedestrian accident lawyer to represent your claim can not only increase the chances of securing a recovery but also increase the amount you receive despite paying attorney’s fees. Your legal team can handle your case proceedings on your behalf while you recover, providing comfort and peace of mind after a damaging experience.
If you have recently experienced any kind of auto-pedestrian accident caused by a driver’s negligence, find legal counsel as soon as possible. A Lakewood pedestrian accident attorney can assess your legal options and determine the best available path to recovery from your losses. Contact the Law Firm of Jeremy Rosenthal to schedule a case review with a compassionate and reliable Lakewood pedestrian accident lawyer who can guide you through the complex legal proceedings you currently face.