Pedestrians are incredibly vulnerable in a collision with any motor vehicle. No matter how light a car, pedestrians can suffer devastating injuries, and many of our clients need medical care for years. These accidents cost considerable sums of money, so it is vital to receive all the compensation you can.
One limitation on financial recovery, however, is your comparative fault. Connecticut’s law can actually result in less compensation if you failed to walk with sufficient care. Our Glastonbury pedestrian accident lawyer explains more in this post.
Connecticut’s Law on Comparative Fault
You can find Connecticut’s law at Section 52-572h of the Connecticut Statutes. It states that a victim’s contributory negligence won’t prevent financial recovery in a lawsuit, so long as it was “not greater” than the combined negligence of the defendants.
Put differently, you can receive compensation when your fault is equal or less than all the defendants you’ve settled with or sued.
However, your damages are diminished by your percentage of negligence. Consequently, a pedestrian who is 40% to blame will receive 40% less than she otherwise would. If she is 50% at fault, she would receive half of the compensation compared to if she were blameless.
Examples of Negligence
A pedestrian can be negligent in many ways. There are several pedestrian safety laws on the books, and you need to follow them so that you minimize the risk of an accident. For example, the motorist who struck you could raise any of the following in their defense to show you contributed to the crash.
You Crossed when You Didn’t Have Permission
Section 14-300 says that when a roadway has pedestrian-control signals, you may only cross when the signal indicates permission. That means you can’t cross when the “Don’t Walk” sign is showing. If you entered when “Walk” was illuminated, then you can continue across.
As you can imagine, stepping into the intersection when “Don’t Walk” is showing is a type of negligence. You could lose your pedestrian accident claim if a jury believes you are more responsible than the defendant.
You Threw Yourself in Front of a Car
Pedestrians can’t suddenly leave the curb or sidewalk and run into the path of a vehicle so that they create an immediate hazard. If you do, then you are at least partially to blame for an accident, even if the driver was speeding or not paying attention.
You Didn’t Use the Sidewalk
Pedestrians have a duty to use the sidewalk and not walk in the road when a sidewalk is available. You can only use the road if there is no adjacent sidewalk or if it’s falling into disrepair or blocked. Pedestrians walking on the road need to be as close to the outside edge as possible.
Every day, we see people casually walking in the road when a sidewalk is available. If you get hit, then you could be partially to blame.
You Walked While Distracted
Distracted walking is dangerous. Some people are too busy looking at their cell phones to pay attention to where they are standing. They might even accidentally wander into the road. Other pedestrians are distracted because they wear earbuds which block out sound, so they can’t hear a vehicle coming up behind them. This type of distraction can result in a pedestrian being partially at fault for a collision.
You Stood in the Road While Intoxicated
Pedestrians are vulnerable when they do not have normal control of their faculties. Standing in the road while intoxicated is a form of negligence, because your reflexes and perception are so impaired you might not be able to get out of the way in time.
Tehrani Law Group Will Fight for You
After a pedestrian collision, memories often differ about what happened. The motorist who clipped you might claim you rushed into the road when the “Don’t Walk” sign was illuminated. In reality, you might believe the driver ran a red light before crashing into you.
Our lawyer will carefully gather any relevant information for your case. For example, we might talk to other witnesses to the accident to discover what they saw. If you were struck downtown, we might ask a nearby business if their surveillance video captured the collision. Evidence of that type is very persuasive proof of what happened.
Contact Our Glastonbury Pedestrian Accident Lawyer
Injured pedestrians should promptly call Tehrani Law Group today for help with their case, (860) 261-6770. In a free consultation, we can go over your memories of the wreck and advise you about the opportunities to bring a legal claim.