The impact of a motor vehicle against a pedestrian often leaves the latter with severe injuries, and in some cases, victims may never make a full recovery. Even in minor collisions that occur at low speeds, pedestrians are afforded no protection against the size and speed of a car.
While the injuries endured by the plaintiff in a pedestrian accident case may be severe, the plaintiff still must prove that the driver was at fault for the collision to collect compensation. This can be a complex process, and unrepresented plaintiffs can find themselves quickly overwhelmed.
A relentless Omaha pedestrian accident lawyer can work to conduct his or her own investigation into the accident, shield plaintiffs from aggressive insurance companies, and make demands for every dollar of compensation that they deserve. With one of the dedicated personal injury attorneys at Berry Law handling the details of your case, you could focus on healing physically and getting your life back on track.
Proving a Motorist is At-Fault in an Omaha Pedestrian Accident
Most pedestrian accidents involve a motorist striking someone walking across or near the road. When a driver acts negligently behind the wheel, he or she can face responsibility for any injuries that result.
One of the most important steps in filing a pedestrian accident case is using the legal theory of negligence to prove fault. To claim negligence, you must show that the driver had a duty to protect your wellbeing, that duty was broken, and that this failure directly caused your injuries.
Because all motorists assume a responsibility to drive safely when they get behind the wheel, a skilled lawyer would point out that the at-fault party had a clear a duty of care to protect you as you crossed the street. Furthermore, you can gather medical records and doctors’ reports to establish a link between the accident and your injuries.
Where most pedestrian accident cases become complicated is proving that the driver failed in their duty to protect a pedestrian, also known as a breach of duty. In most cases, a plaintiff must show that the defendant driver was violating a rule of the road or at the very least was driving in a careless manner. Common examples of qualifying actions include:
An Omaha pedestrian accident attorney could help gather this vital evidence and pursue ensuing cases in a timely fashion. Working quickly can be particularly important in such cases, since Nebraska Revised Statute §25-207—the statute of limitations—states that all plaintiffs must file their cases within four years from the date of injury.
Potential Compensation for Injured Pedestrians
The amount of compensation you receive after a pedestrian accident depends heavily on the severity of your injuries and the extent of your medical expenses. Common examples of injuries that may warrant a pedestrian accident case include:
- Broken bones
- Separated joints
- Severe cuts and scrapes
- Spinal cord injuries
If you and your attorney are successful in proving negligence, the court will require the defendant to pay restitution for your all your current and future losses. This can involve providing payments to reimburse you for hospital bills, missed time at work, and mental anguish connected to the accident. A hard-working pedestrian accident lawyer in Omaha could work with a plaintiff to properly valuate their case and demand appropriate compensation from insurance companies.
An Omaha Pedestrian Accident Attorney Could Protect Victims’ Rights
It may be easy to assume that the court will automatically blame a driver for any collision with a pedestrian. This belief leads many injured plaintiffs to try to take on the insurance company without an attorney.
The fact of the matter is that a plaintiff in a pedestrian accident case must prove that the defendant driver was negligent. This is a complex legal analysis that examines the actions of not just the driver but also of the injured individual.
An Omaha pedestrian accident lawyer from our firm could help by working to prove defendant negligence and protect your right to collect compensation. Our attorneys understand the immense impact that these incidents can have on someone’s life, but they also know that you are injured—not broken. Call on Berry Law to get started on your case and take charge of your situation.