When a car hits a pedestrian, the person almost always has serious or even fatal injuries. It is hard to get paid for injuries caused to a pedestrian. It takes time to get compensation from insurance companies, keep track of medical bills, and get a thorough investigation into what happened. That’s where a Millard pedestrian accident lawyer can help.
Even if it’s clear that the driver was at fault, their insurance company may not provide you with a good settlement offer. At Berry Law, our pedestrian accident attorneys care about your rights. We help pedestrians who have been hurt by careless drivers get justice.
Proving Driver’s Fault in a Millard Pedestrian Accident
If a driver is careless behind the wheel and causes injuries, they should have to pay for them. When trying to get paid for injuries from a pedestrian accident, it’s important to show that the driver was at fault.
You’ll need to show that the driver was careless and that they owed you a duty of care and broke it. The breach of duty, in turn, caused injuries. You can also show that the accident levied a monetary burden on you, with hospital bills, physical therapy, medicines, and more. A pedestrian accident lawyer in Millard, NE, will be able to help you prove your case.
What Is Breach of Duty?
In pedestrian accident cases, it can be hard to prove that the driver broke their duty to keep the pedestrian safe. Most of the time, you must show that the driver acted carelessly or broke a traffic rule. Some common behaviors that might not meet the standard of care are:
- Ignoring a pedestrian at a crosswalk
- Driving through a stop sign
- Speeding
- Driving under the influence
- Having a hard time keeping your eyes open when driving
- The Problem of Drunk Driving
A pedestrian accident attorney in Millard, NE will gather evidence for you to prove that the driver’s negligence was the reason behind the accident. It’s critical to start collecting evidence before it’s lost or tampered with. You should contact Berry Law for a personal injury consultation to get the ball rolling.
Who Is Liable for Pedestrian Accidents in Millard?
In a pedestrian accident, the “at-fault” or “liable” party is the one who is found to be legally responsible for what happened. Most likely, the person who hit you is to blame if they were the one who caused the accident.
The driver could be held responsible for your injuries and costs if they were careless in any way, like if they were texting while driving, going too fast for the conditions, running a red light, or not giving you the right of way when you had it.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Pedestrian Accident Compensation in Millard, NE
Pedestrians involved in a collision have almost no way to protect themselves. You might need intensive care for weeks after the accident. If you lose your job or pay medical bills, the driver who caused the accident is liable to pay for the lost income or medical bills (if proven at-fault party).
Our personal injury attorneys can help you through the claim process. Here are some of the costs of damages covered under the injury claim in Millard:
- Financial implications of a lifetime of medical treatment for a disabling injury
- Prices related to a handicap and any necessary modifications
- Distress, both mental and emotional
- Prior medical expenses
Understanding Comparative Fault in Nebraska
Often, the driver is held responsible for injuries sustained by a pedestrian. Even though this is usually true, there are times when the pedestrian could also be partly to blame. For example, if you cross the street in front of a car without using a crosswalk, you might be partly to blame for the accident.
In Millard, NE, you can file a claim for financial compensation if your level of fault is less than the other party’s. If your level of fault is the same or higher than the other party’s, you will not receive compensation. This is called “comparative fault” pursuant to Nebraska law. The percentage of the fault must reduce the compensation amount.
For instance, If you suffered losses of $100,000 but were 20% at fault, you would only be eligible to recover $80,000. Comparative fault laws are complicated. Having the right Millard pedestrian accident lawyer by your side might be invaluable if you want to maximize compensation after a pedestrian accident.
The Statute of Limitations Applies to Pedestrian Accidents
The period by which a lawsuit must be filed is known as the “statute of limitations.” The statute of limitations for crosswalk accidents in Nebraska is four years from the date of the accident, as stated in Nebraska Revised Statute 25-207. There are consequences and exceptions regarding this deadline that you must understand. Additionally, there are circumstances when a shorter statute of limitations might apply instead of a four-year statute. Thus, it is important that you speak with an attorney right away to understand the deadlines that apply to your case.
Consequences of Missing the Filing Deadline
If you file your lawsuit after the deadline, the defendant would likely ask the court to throw out the case immediately, with prejudice. Under these circumstances, the court will likely grant to such a request. Dismissing a case with prejudice does more than just end it.
It also makes it impossible for you to file the lawsuit again. If you have a claim for money and the insurance company or court throws it out, you can’t do anything about it. You should talk to a pedestrian lawyer right away because the time limit is very important.
Exceptions to the Statute of Limitations
It is important to be aware of the exceptions to the statute of limitations. If a pedestrian is killed in an accident, a wrongful death claim must be filed within two years after the victim’s death, as stated in Nebraska Revised Statute. The child victims of pedestrian accidents usually have more time to bring a claim for damages. Similarly, there are other exceptions to the deadline that you can only be sure of once you discuss your case with a crosswalk accident attorney.
Contact Millard Pedestrian Accident Attorney
One might think that if a car hits a pedestrian and hurts them, the insurance company or court will find the driver at fault. Because of this mistaken belief, many people in accidents try to deal with their insurance companies on their own without a Millard tort attorney.
In a lawsuit over a pedestrian accident, the person hurt has to prove that the driver who hit them was careless. Berry Law is a law firm in Millard with lawyers who can help prove that the defendant was careless and fight for your right to financial compensation. Contact us today to get the ball rolling on your case and take charge.
