
Pedestrian Accident Attorney in Madison, CT
If you or a loved one has been involved in a pedestrian accident, it can have life-altering consequences and a significant financial impact. A Madison, CT, pedestrian accident lawyer can help you through the process of recovering damages that can help you get back on your feet.
At Balzano & Tropiano, we make every client our top priority. We have a combined 50 years of experience helping clients who have been injured get the compensation they deserve. We can provide you with the personalized attention your case needs to achieve a positive outcome.
Causes of Pedestrian Accidents
In the first half of 2022, 3,434 pedestrians were killed on roads in the U.S. Several things can contribute to pedestrian accidents. One of the most significant factors is the increase in dangerous and reckless driving habits, particularly on dangerous roads and intersections where accidents are more likely to occur. Some of the other common causes include:
- Distracted driving
- Left-hand turns
- Unmarked crosswalks
- Distracted pedestrians
- Speeding
- Driving under the influence of drugs or alcohol
- Inexperienced drivers
- Defective traffic lights
Common Pedestrian Accident Injuries
When a pedestrian is hit by a car, it’s likely they will sustain some kind of personal injury. Since a pedestrian doesn’t have the protection of a vehicle, in many cases, the injuries can be severe or even fatal. Pedestrian deaths account for 18% of crash fatalities. Some of the more common injuries in a pedestrian accident are:
- Head injuries
- TBIs
- Broken bones
- Spinal cord injuries
- Injuries to joints, such as sprains and dislocations
Steps to Take After a Pedestrian Accident in Madison
If you get hit by a car in Madison, call 911 if you can and get medical attention. If possible, identify witnesses who can testify about how the car accident happened. Documenting the scene is crucial to determining liability. If you can’t take pictures and video of the vehicle, the intersection, and the surrounding area, determine if witnesses have this information.
Avoid discussing fault while at the scene, and as soon as possible, consult with a Madison pedestrian accident attorney.
Liability in a Pedestrian Accident
Pedestrians and drivers have a responsibility to follow traffic laws. Pedestrians must cross at crosswalks and obey traffic signals. When a pedestrian follows all safety regulations and a driver hits them, the driver is the liable party. Connecticut General Statutes §14-300d requires drivers to exercise a certain amount of care when operating a vehicle.
Proving liability requires four elements:
- Duty of care
- Breach of duty
- Causation
- Damages
Connecticut follows a modified comparative negligence system under Section 52-572o of the General Assembly. This means that even if the injured party is partially at fault, they can still receive compensation as long as their amount of fault is determined to be less than 50%.
Pedestrian Accident Compensation
Recovering from injuries after a pedestrian accident can be time-consuming and expensive. The medical bills and time away from work can quickly add up. A Madison pedestrian accident attorney can help determine the damages you can seek in your case, such as:
- Medical expenses for immediate medical treatment, an ER visit, surgeries, and rehabilitation. Future medical care can also be recovered.
- Lost wages if you cannot work while you recover from injuries. This can include current, past, and future earnings.
- Pain and suffering for the emotional and physical pain suffered as a result of the accident. This can cover the loss of enjoyment of life due to your injuries, mental anguish, and trauma.
Hire a Pedestrian Accident Lawyer in Madison, CT
Pedestrians have rights under Connecticut law, but proving liability can be complex. When you hire a pedestrian accident lawyer who understands pedestrian accident laws and how they apply to your case, it can increase your chances of getting the compensation you deserve.
An attorney can investigate the details of the accident, gather witness statements, and consult with accident reconstruction experts to help determine liability and prove negligence. Your lead attorney can also negotiate with insurance companies and serve as your advocate while handling all communications to keep the insurer from giving you a lowball offer.
Once your attorney has all the facts, they can calculate the value of your claim and pursue the full compensation. If a settlement is not reached out of court, they can represent you at the New Haven Judicial District Superior Court in New Haven, CT.
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FAQs
As of 2021, Public Act No. 21-28 mandates that drivers have to yield to pedestrians when they are in any part of a marked or unmarked crosswalk or when they signal their intent to cross by raising their hand or arm. It also prohibits opening a car door in a way that could hit a pedestrian or a cyclist.
Drivers are most often at fault when they hit a pedestrian because they have a greater duty of care, but they are not always completely at fault. The person at fault is determined by the facts of the case. In some rare instances, a pedestrian’s actions may contribute to the accident, or they can share some part of the blame.
Pedestrians have the right of way in marked and unmarked crosswalks in Connecticut. Drivers are required to stop if they have stepped off the curb or if they have signaled that they are about to cross. Pedestrians have the right of way when there is a “walk” signal, and even if the driver has a green light at a turn.
The amount of compensation you can get for a pedestrian accident depends on the case details. Damages can vary according to who is at fault for the accident, the extent of your injuries, and insurance policy limits. If you are found to be partially at fault, the amount of your compensation may be reduced.
Contact a Pedestrian Accident Lawyer
If you have been hit by a car, you should be able to focus on healing, not dealing with insurance companies or navigating the Connecticut legal system. We can help. Contact Balzano & Tropiano for experienced and effective representation.