Pedestrians in the Westminster, CO, area are typically able to reach their destinations without any problems, but when drivers fail to use reasonable care around pedestrians, they can easily cause devastating accidents. The victim can easily suffer severe or even life-threatening harm whenever a motor vehicle driver hits a pedestrian. Many victims of these accidents face not only acute traumatic injuries, ongoing medical complications, and difficulty working from these incidents but also tremendous pain and suffering.
Legal Representation for Injured Pedestrians in Westminster
It’s natural to be uncertain about your options for legal recourse after a pedestrian accident in Westminster, but the right attorney can help you understand your options for resolving the situation and securing as much compensation as possible for the damages you suffered. The Law Firm of Jeremy Rosenthal has years of experience resolving Westminster personal injury claims, including those resulting from motor vehicle drivers hitting and injuring pedestrians. We know the challenges the plaintiff in this type of case faces in their recovery efforts and can help you reach the best results possible in all the recovery efforts you attempt.
Benefits of Legal Counsel in Your Westminster Pedestrian Accident Case
No rule states that a pedestrian accident victim must hire an attorney to pursue compensation for the damages a negligent driver caused. However, a pedestrian accident is likely to cause severe injuries and major economic losses for the victim and their family, and the victim could be incapacitated by their injuries and unable to pursue legal recourse on their own. One of the victim’s family members can take legal action on their loved one’s behalf, and they will need professional legal guidance from an experienced attorney to succeed with their civil case.
When you have legal counsel from an experienced Westminster pedestrian accident attorney on your side, you can recover with peace of mind while your legal team manages your case proceedings. They will help you understand the legal mechanisms in play in your case and provide updates as the case unfolds. The average person may be able to identify immediately recognizable losses like hospital bills and lost wages from the inability to work, but they are likely to struggle when it comes to assessing long-term damages or assessing appropriate pain and suffering compensation for their experience.
The Law Firm of Jeremy Rosenthal can be your legal counsel in a complex personal injury case resulting from a pedestrian accident. We know how to prove liability for the incident, accurately calculate your claimable losses, and ensure accountability for the defendant who caused your accident. The sooner you reach out to experienced legal counsel for support and guidance, the easier it will be for you to have peace of mind during this challenging time.
Proving Liability for Your Accident
Most pedestrian accidents occur because of negligence or failure to use reasonable caution and care in a specific situation. When a negligent driver is responsible for your losses, your attorney can help you gather evidence and witness testimony to firmly prove fault and hold them appropriately accountable for the accident. This often entails physical evidence from the scene of the accident and witness testimony from those who saw it happen.
It’s important to note that Colorado enforces a modified comparative negligence law with a 50% plaintiff fault threshold. So, if the plaintiff is partially to blame for a personal injury, they can still recover compensation, but only as long as they bear less than 50% of the total fault for the incident. If their fault percentage exceeds the defendant’s, they may not recover damages and may, in fact, face a countersuit. On the other hand, if their fault percentage is less than 50%, their fault percentage is the amount they will lose from their final case award.
One commonly asserted defense in personal injury cases in the state is comparative fault. Defendants will often attempt to deflect liability for a personal injury by claiming the plaintiffs named in their suits are to blame. However, when it comes to pedestrian accidents, a pedestrian is likely to face comparative fault for jaywalking in the path of a driver who doesn’t have time to stop. If this applies to your situation, do not assume that you will completely lose your right to claim compensation. Your Westminster pedestrian accident attorney will help you minimize your fault percentage and preserve your right to receive compensation for your losses.
Claimable Damages in Your Pedestrian Accident Case
When you have proven a driver is responsible for your pedestrian accident, they are liable for all the damages resulting from the incident. This includes immediate economic losses like your hospital bills and lost income if you can’t work while you recover. You can also claim long-term damages if your injuries are severe enough to require ongoing medical care, and you can also recover lost future earnings if you are permanently disabled from the accident.
Colorado law also allows personal injury plaintiffs to seek up to $250,000 in pain and suffering compensation, but this cap can extend to $500,000 if the plaintiff has clear and convincing evidence of the at-fault driver’s liability. Of course, many other variables may influence the final recovery you obtain from a defendant, and if you want the best chance of recovering as much as possible for your claim, you need a trustworthy Westminster pedestrian accident attorney representing you.
The Law Firm of Jeremy Rosenthal aims for maximum client recovery in every personal injury case we accept. As a result, our firm has cultivated a strong reputation as a top choice for civil claim representation in the Westminster area and surrounding communities. The sooner you secure our representation, the sooner we can begin working on resolving your pedestrian accident claim.
Pedestrian Accident Law FAQs
Q: Can a Driver Sue a Pedestrian in Westminster?
A: While it is possible for a pedestrian to bear partial responsibility for an accident, a motor vehicle driver always has a higher duty of care to avoid collisions than a pedestrian. It is possible for a driver to file a civil suit against a pedestrian if the pedestrian failed to act with reasonable care in a manner resulting in a crash, but it is rare for a pedestrian to bear more fault than a driver.
Q: Will a Driver Go to Jail for Hitting a Pedestrian in Westminster?
A: It is possible for a driver to face jail time if they cause a pedestrian accident through some form of illegal misconduct, such as driving under the influence of alcohol or through some form of aggressive driving. In the event that your bicycle accident happened because of the defendant’s illegal actions, your Westminster pedestrian accident attorney can explain how this may influence your civil case and your final recovery.
Q: How Much Is a Pedestrian Accident Injuries Case Worth?
A: When a driver hits a pedestrian, the victim is likely to suffer a host of physical injuries and financial losses from the incident. With the right Westminster pedestrian accident attorney representing you, it’s possible to recover the full scope of all the economic losses the at-fault driver caused as well as pain and suffering compensation. Your legal team can offer a reasonable estimate of the total amount of damages you could potentially secure if you succeed with your claim.
Q: How Long Does a Pedestrian Accident Case Take to Resolve?
A: If you are able to prove the defendant’s liability for your recent accident, settlement offers the swiftest results to both the plaintiff and the defendant. As long as the defendant accepts liability and agrees to settlement negotiations, they could potentially resolve their case relatively quickly. However, litigation will take much longer if liability is contested or the defendant refuses to settle for any reason. Your legal team can offer an estimate of your case’s likely timetable so you know what to expect as your case unfolds.
Q: Is It Worth Hiring a Westminster Pedestrian Accident Attorney?
A: It may be technically possible to file a personal injury case on your own, but hiring legal representation significantly improves your chances of recovering from your damages as fully as the law allows. Your legal team can potentially uncover avenues of compensation you may have overlooked on your own. If you are concerned about the cost of hiring your attorney, the Law Firm of Jeremy Rosenthal accepts personal injury clients on a contingency fee basis, so there is no fee unless we win your case, and our fee is a percentage of the final case award.
It’s natural to feel overwhelmed by the medical complications and financial losses you face after a pedestrian accident in Westminster. The average person with no formal legal experience is likely to struggle to determine the best options for resolving this type of case. If you are ready to speak with an attorney about your case, the Law Firm of Jeremy Rosenthal is ready to provide the responsive counsel and ongoing support you need to approach the situation with confidence. Contact us today and schedule a free consultation with a Westminster pedestrian accident attorney.