Connecticut Pedestrian Accident Lawyer

Being involved in any kind of accident can have severe repercussions, but when a pedestrian is hit by a vehicle, the consequences can be especially devastating. Those on foot do not have the same safety features and protections as someone inside a vehicle; when faced with an oncoming truck, car, motorcycle, or SUV, there is simply no way for pedestrians to protect themselves. Unfortunately, this means that the majority of pedestrian accidents lead to serious injuries and even death.

If you or a loved one sustained pedestrian injuries in a Connecticut accident, you may be entitled to financial compensation from the at-fault driver. The Connecticut pedestrian accident attorneys at Dehghani & Associates, LLC can evaluate your case and advise you of your legal options at no cost to you. We fight to ensure that our clients get the maximum amount of financial compensation available to them pursuant to the law. Call us today to schedule your free initial consultation.

How Does Connecticut Define a Pedestrian?

Connecticut defines pedestrians as anyone near a roadway who is not inside a vehicle. This can include people jogging, walking, skateboarding, roller skating, riding a scooter, or even in a wheelchair. Bicycle riders are not always classified as pedestrians. If a cyclist is riding in the street, they are considered a human-powered vehicle. If they are riding on a sidewalk, however, they have to yield the right-of-way to those on foot.

If you are involved in an accident, it is important to know that Connecticut is an at-fault state. This means that the person who causes the accident must cover the injured victim’s damages.

If you are a pedestrian struck by a negligent driver, you could be eligible to recover compensation for your medical bills, pain, and suffering. Your auto insurance may cover some of this as well. Pedestrian accidents can be complex. That is why you need the assistance of a Connecticut pedestrian accident lawyer. A qualified attorney will know all the laws that apply to your case and will work hard to make sure you are justly compensated for your medical expenses and other damages.  Call our law firm today for a free consultation.

What Are the Most Common Pedestrian Accidents in Connecticut?

Although any accident involving a motor vehicle and a pedestrian can lead to serious injuries, many pedestrian accidents occur more commonly than others. Regardless of how your pedestrian accident happened, you should seek the guidance of a Connecticut pedestrian accident lawyer who can defend your rights and walk you through the personal injury process.

Just like any other type of motor vehicle accident, pedestrian accidents can take place in a variety of ways. Some of the pedestrian accidents seen most often in Connecticut are:

• Reversing accidents: Also known as backing-up accidents, these can happen in parking lots and driveways when a driver fails to notice a pedestrian while backing out of a parking space.
• Step-out accidents: These accidents can take place when a pedestrian unexpectedly runs or steps into the roadway, usually from between parked vehicles or from behind another obstacle that obscures them from the driver’s line of sight.
• Hit-and-run accidents: A hit-and-run accident is where a driver hits a pedestrian and then flees the scene without reporting the accident to law enforcement or stopping to provide assistance.
• Intersection dash accidents: These occur when a pedestrian attempts to dash through an intersection at the last second and is struck by a vehicle. In these cases, the pedestrian has often misjudged the speed of approaching traffic or failed to notice a turning vehicle.
• Turning or merging accidents: Merge accidents happen when a driver fails to notice a pedestrian when they merge onto a roadway or make a turn. These accidents are especially common at intersections.
• Passing accidents: A passing accident happens when a driver passes a vehicle that is yielding to crossing pedestrians. The passing driver does not see the pedestrians, resulting in an accident.

Aggressive motorists have even been known to deliberately drive onto a walkway or sidewalk to get past traffic. This is, of course, illegal and extremely dangerous as multiple pedestrians can be injured.

Let’s not overlook the role rideshare drivers play in pedestrian accident rates. Uber and Lyft drivers spend a lot of time in areas with high pedestrian traffic but are too focused on their app, their texts, or their GPS to notice a pedestrian crossing the street until it is too late.

Even though driver negligence is the number one cause of Connecticut pedestrian accidents, a careless driver is not always to blame. In some instances, a pedestrian could share in liability or even be entirely responsible for the accident. This is certainly the case if they fail to obey pedestrian laws, like giving the right-of-way to a vehicle if they are crossing outside of a crosswalk or crossing against a do-not-walk signal or red light.

Negligent bicycle riders, defective crosswalks or sidewalks, and many other factors can also cause pedestrian accidents. It is crucial to have a skilled Connecticut personal injury lawyer review the facts of your case and determine what caused your accident and exactly who is responsible.

Connecticut’s Comparative Negligence Rule

Connecticut abides by the rules of modified comparative negligence, which could have a huge influence on the outcome of your case. Under modified comparative negligence, victims are not prohibited from bringing claims and collecting financial compensation as long as they share in less than 50% of the liability for an accident.

Insurance companies will undoubtedly try to shift the blame onto the injured party to avoid paying out claims. The overall value of a claim will be decreased by the victim’s percentage of fault. This means they will be unable to recover the total amount of their damages if it is determined that they were partly at fault. If the insurance company claims that you were more than 49% at fault, you may be barred from collecting any financial compensation at all, regardless of your damages.

It is vital that you work with a law firm that is well-versed in personal injury law and has experience in handling pedestrian accident cases. At Dehghani & Associates, LLC, our Connecticut pedestrian accident attorneys advocate for our injured clients and work diligently to prove that any wrongful conduct or negligence was committed by the other party. Our priority is getting you fair compensation and helping you put your life back together.

What Are Common Injuries in a Pedestrian Accident?

Pedestrians do not have any steel frames or safety features to keep them safe in an accident, so serious accidents often leave them with serious, life-changing injuries. Even in low-speed car accidents, a pedestrian can sustain injuries from both the initial impact of the vehicle as well as from being thrown to the ground or run over.

Some serious injuries that are often the result of pedestrian accidents are:

• Fractured or broken bones, extremities in particular
• Broken hips
• Avulsion injuries
• Contusions and abrasions
• Head injuries/Traumatic brain injuries
• Neck and back injuries
• Soft tissue injuries such as whiplash
• Strains and sprains
• Internal bleeding/Internal organ damage

Even if you are not in pain or do not think you were seriously injured at the time of the incident, you should still be medically evaluated as soon as possible. Many internal injuries, such as soft tissue injuries and brain injuries, do not show immediate symptoms. If left untreated, these injuries will worsen over time and become more difficult and more expensive, or even impossible to treat. Your health and well-being should always be your number one priority. Also, an immediate trip to the emergency room will give you the documentation you need to prove that you were injured in the accident which is vital to your pursuit of financial compensation.

When Do Pedestrians Have the Right-of-Way in Connecticut?

Pedestrians in Connecticut are tasked with specific rights and responsibilities when using roadways and crosswalks. The guidelines concerning the right of way for pedestrians and drivers as well as pedestrian use of crosswalks are outlined in the Connecticut General Statutes.

According to the law, a pedestrian crossing a street in an area where police are controlling traffic or outside of a marked or unmarked crosswalk must yield the right-of-way to vehicles. Those using an overhead crossing or pedestrian tunnel must also yield to vehicles.

Pedestrians should not walk into an intersection crossways unless specifically instructed to do so by a police officer or a pedestrian control signal. When told to do so, pedestrians should continue to obey the instructions given by the officer or the signs given by the pedestrian control signal. Pedestrians must avoid crossing the street between adjoining intersections with pedestrian control or traffic signals, except when a marked crosswalk is available. Whenever possible, pedestrians crossing the street inside a crosswalk should keep to the right side of the crosswalk.

Drivers in New Haven and across Connecticut are required to exercise due care and take any necessary precautions to avoid a pedestrian accident. They are required to yield the right-of-way to pedestrians inside marked and unmarked crosswalks and remain alert when approaching intersections or other areas where pedestrians can reasonably be expected to be present.

Driver responsibilities regarding pedestrians also include:

• Crosswalk Use: Connecticut driving laws state that drivers have to yield the right-of-way to pedestrians in crosswalks whether they are marked or unmarked. In instances where a pedestrian is crossing or preparing to cross the street, drivers must stop and allow them to do so safely. This rule applies even if a crosswalk is not at an intersection. Pedestrians also need to exercise caution when crossing the street to ensure they do not walk into a vehicle’s path.
• Right-of-Way: In most circumstances, pedestrians have the right-of-way when crossing the street. They are still expected to show discretion and avoid stepping into the path of oncoming vehicles. Both drivers and pedestrians have a duty of care to act responsibly and prevent accidents.
• Sidewalk Use: According to Connecticut law, pedestrians must use sidewalks where they are provided and practical. If a sidewalk is not available, pedestrians are required to walk against oncoming traffic on the lefthand side of the street. This increases their safety by making it possible for them to see approaching vehicles.
• Traffic Signals: Pedestrians must obey all pedestrian control signals and traffic signals when crossing streets. If a pedestrian has a green light or a walk signal, it means they have the right of way. When there is a red light or a don’t walk signal, pedestrians should not cross or continue to cross the street.

If you would like to learn more about pedestrian laws in Connecticut, you can speak with our New Haven pedestrian accident attorneys in a free consultation or you can visit the Connecticut Judicial Branch Law Libraries – Pedestrian Laws to read about the state’s pedestrian-related court cases, regulations, and laws.

How Is Fault Established in a Connecticut Pedestrian Accident?

Establishing fault in a pedestrian accident can be complicated and will hinge primarily on the specific facts of each case. Connecticut law states that vehicles (with the exception of emergency vehicles) are required to yield the right of way to pedestrians on the curb preparing to enter a marked crosswalk or already in marked crosswalks. If no traffic signal is available, pedestrians generally have the right of way if they have a walk signal or a green light. Pedestrians could also have the right of way when walking along a sidewalk that connects to a driveway with a vehicle attempting to leave or enter.

There are, however, some instances in which pedestrians are required to yield the right of way to motorists. These scenarios include:

• When stepping into the street or approaching intersections with no crosswalk present
• When a pedestrian darts into the path of a vehicle at such a close range that the driver is unable to yield when diagonally crossing an intersection
• When an emergency vehicle with lights and sirens is in the area

Like all rules, those listed above are not without their exceptions. At the end of the day, drivers are the ones obligated to act reasonably and avoid negligence.

When determining liability for a Connecticut pedestrian accident, it is always in your best interests to speak with a pedestrian accident lawyer if you are considering legal action. An attorney will be able to review the specific details of your case, collect evidence, and offer you reliable advice on the legal aspects of your pedestrian accident claim. It will also increase your chances of achieving a successful outcome for your personal injury claim.

What Damages Am I Entitled to After a Pedestrian Accident?

The Connecticut pedestrian accident attorneys at Dehghani & Associates, LLC are dedicated to helping our injured clients collect the maximum compensation possible for their damages. Damages we routinely recover for victims of pedestrian accidents include:

Economic damages, which compensate you for your financial losses, such as:

• Medical bills, including future medical treatment and other anticipated medical expenses
• Rehabilitation and physical therapy bills
• Lost income, including future lost income
• Lost or reduced earning capacity
• Damage to personal property

Non-economic damages, which compensate you for your emotional losses and other adverse impacts that do not have a fixed price such as:

• Emotional anguish
• Mental trauma
• Post-traumatic stress disorder
• Physical pain and suffering
• Reduced quality of life
• Loss of fellowship in cases of wrongful death

In certain cases, specifically those that involved gross negligence, wanton recklessness, deliberate harm, or unlawful acts, the court can decide to award punitive damages as a form of punishment. Whether or not punitive damages are awarded is solely at the discretion of the court. Our pedestrian accident attorneys will be able to tell you if your pedestrian accident case might qualify for punitive damages.

How Do I Obtain Compensation for My Pedestrian Accident?

To receive fair compensation for your medical expenses and other damages, you will have to prove that the defendant caused your injuries. Your lawyer will use various forms of evidence to establish the nature and scope of your injuries, including your medical records, surveillance videos, and police accident reports to build the strongest possible case on your behalf.

The personal injury claims process typically begins with your lawyer filing a claim with the insurance company of the at-fault driver. If they do not have car insurance or you were the victim of a hit-and-run, you might need to file a claim with your own insurance company. Our qualified pedestrian accident lawyers will be able to assist you with that as well.

Your pedestrian accident attorney will draft a demand letter that describes your injuries and how the defendant’s insurance policy makes them financially responsible. Insurance companies almost always respond with an extremely low settlement offer. Your attorney will be able to negotiate a higher figure that accurately represents the value of your claim.

In the event that a settlement offer cannot be reached, you might have to take your pedestrian accident case to trial. At this point, your lawyer can file suit in a civil court. The Connecticut statute of limitations only gives you two years from the day of your accident to file so consulting a pedestrian accident attorney as soon as possible is of the utmost importance.

The Connecticut pedestrian accident lawyers at Dehghani & Associates, LLC are experienced litigators. We will do whatever it takes to settle your pedestrian accident case as quickly and effectively as possible while getting you the compensation you deserve.

Why is the Insurance Company Saying I Am Liable For the Accident?

Insurance companies will do everything in their power to avoid making a payout because it chips away at their profits. One way they try to get away with this is to blame you for the crash. As mentioned earlier, Connecticut obeys the laws of contributory negligence when it comes to determining damages in personal injury cases. So, the insurance company is going to work extremely hard to come up with something that makes it seem as though you were responsible for more than 50% of the accident thereby prohibiting you from collecting any compensation.

The insurance adjuster will make claims such as you weren’t in a crosswalk when the driver struck you or you ran out in front of their car leaving them no time to react. They might accuse you of failing to obey pedestrian traffic laws and insist that was the real cause of the accident.

No matter what they try to say to shift the blame onto you, you are going to need an experienced pedestrian accident attorney by your side to defend your rights and demonstrate through the presentation of strong evidence that you are not liable for the accident.