Car accidents involving pedestrians often have serious, if not fatal, outcomes. While it often may seem that the pedestrian, as the more vulnerable party, would automatically be the victim in such scenarios, the question arises: Are pedestrians ever liable for a car accident? Understanding the nuances of West Virginia laws can help clarify when a pedestrian may bear legal liability for a car accident.
Keep reading to learn more.
West Virginia’s Approach: Modified Comparative Negligence
At the core of determining fault in pedestrian-car accident cases in West Virginia is the concept of modified comparative negligence. According to West Virginia's §55-7-13c, each party involved in an accident is liable proportional to their degree of fault. Consequently, pedestrians can be liable if their actions contributed to the accident.
Therefore, if a pedestrian acted negligently and contributed to the accident, their compensation could be reduced in line with their percentage of fault.
How Liability Is Determined
Liability in accidents involving pedestrians is determined by carefully examining actions and conditions leading up to the accident. If a pedestrian jaywalks, ignores traffic signals, or suddenly steps into traffic, causing a driver to swerve, they may be found partially at fault. The key factor is whether the pedestrian exercised a reasonable standard of care for their safety and the safety of others on the road.
Factors potentially considered when determining fault in an accident involving a pedestrian:
- Traffic signals and rules
- Pedestrian behavior
- Driver conduct
- Environmental conditions
- Witness testimony
In the event of a personal injury lawsuit, the court calculates the total compensatory damages recoverable by the plaintiff and then adjusts this figure according to each party's percentage of fault. Significantly, a pedestrian will not be barred from recovery unless their fault is greater than the combined fault of all other parties involved in the accident. If the pedestrian's fault is less, their recovery is simply reduced proportionally.
The Importance of Working with a Personal Injury Attorney
Given the complexities surrounding liability and the determination of fault in pedestrian accidents, it's encouraged for anyone involved in such an incident to work with an experienced personal injury attorney like ours at Katz Kantor Stonestreet & Buckner, PLLC. An attorney can meticulously review all aspects of the case, gather necessary evidence, and advocate for you, whether it's in negotiating a settlement or presenting your case in court. They can also help to clarify how West Virginia's modified comparative negligence rule applies to your situation and what it means for your chance of recovery.
Why Seeking Compensation Can Be Important
Even if you believe you may bear some liability as a pedestrian, seeking compensation may be in your best interests. West Virginia law allows for the possibility of recovering damages proportional to your degree of fault, and this financial support can help facilitate your recovery process.
Compensation can be sought for various reasons, including but not limited to:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Rehabilitation costs
The guidance of an attorney can be invaluable in complicated cases, such as those involving pedestrians. Understanding your rights and the potential to recover damages can significantly impact your decision to pursue a claim, even when facing concerns about partial fault in the accident.
If you were injured in a car accident involving a pedestrian, reach out to Katz Kantor Stonestreet & Buckner, PLLC today. We are just a phone call away when you need us most.