Walking in Wheeling can be a great way to get some exercise, travel between locations, or simply enjoy the outdoors. Whether you are strolling downtown or crossing busy roads, you should feel safe. However, many drivers fail to properly care for pedestrians, which can lead to devastating accidents.
If you have been the victim of a pedestrian accident, you have rights under state law. You may be able to pursue compensation from the driver—or their insurance company—for medical bills, lost wages, pain and suffering, and other damages. At Bordas & Bordas, you can speak to a Wheeling pedestrian accident lawyer who takes pride in helping accident victims, such as yourself, hold the at-fault party accountable. Schedule a free consultation with one of our experienced injury attorneys today to get started on your case.
Understanding Pedestrian Laws
State law protects pedestrians in many situations—even if they are violating the rules. According to West Virginia Code § 17C-10-4, drivers must yield the right-of-way to pedestrians in crosswalks, whether marked or unmarked at intersections. Pedestrians also must follow specific rules, such as crossing at designated areas whenever possible and avoiding suddenly stepping into traffic where a driver may not have time to stop.
However, since drivers are the ones operating potentially deadly machinery, their duty of care is more burdensome. They have a responsibility to exercise due care—especially in areas with heavy pedestrian traffic or when weather or road conditions reduce visibility.
Failing to uphold these responsibilities can lead to severe consequences. A Wheeling pedestrian accident attorney’s first job is to consider whether someone breached a duty of care to a pedestrian.
Causes of Pedestrian Accidents
Driver carelessness is the number one cause of pedestrian accidents. Distractions—such as texting, using the phone, or eating—increase the risk that a driver will miss seeing a pedestrian. Speeding, failing to yield, drowsy driving, and driving while intoxicated also increase the risk. However, the root cause of most pedestrian accidents is that the driver fails to notice the pedestrian.
Of course, not every accident is due to driver carelessness. Pedestrians can contribute to accidents as well. Pedestrians who cross at places other than crosswalks, walk in the street, step out into traffic, or otherwise engage in hazardous behavior are at high risk.
Other factors could increase the likelihood of pedestrian accidents. High-traffic roads can make it more difficult for drivers to see pedestrians and increase driver impatience. Intersections are often dangerous because drivers may rush to beat the light or fail to look both ways before making a turn or entering the intersection.
Bad weather contributes to several pedestrian crashes. When it is overcast, foggy, or rainy, it can be more challenging to spot pedestrians—especially if the pedestrians are wearing dark clothing. Likewise, construction hazards, broken crosswalk signals, and other road hazards can increase the risk of a pedestrian collision—and introduce the possibility of third-party liability. A Wheeling attorney who handles pedestrian accident cases could thoroughly investigate the situation to determine who may be responsible for your injuries.
Injuries in Pedestrian Accidents
Pedestrians are the most vulnerable users of Wheeling’s roads and sidewalks. They lack any protection from impact. They are also the least likely to know the rules of the road since there is no license or testing requirement to become a pedestrian. Even low-speed accidents inflict huge forces on pedestrians, leaving them to face the possibility of traumatic brain injuries and spinal cord damage in addition to injuries such as broken bones, scrapes, and contusions.
Many of these injuries have the potential to cause lifelong disabilities or even be fatal. Recovery is different for every victim, but it often involves extensive medical treatment, including surgeries, rehabilitation, and ongoing care. It can all be overwhelming. Our dedicated team of Wheeling lawyers can handle all the legal aspects of your pedestrian accident case so you can focus on healing.
Talk to a Pedestrian Accident Attorney in Wheeling
Recovering from a pedestrian accident takes time and resources. You should not have to bear these burdens alone when someone else’s negligence led to your injuries. Our team at Bordas & Bordas is here to help you fight for the compensation you deserve.
Reach out today for a free initial consultation with a Wheeling pedestrian accident lawyer. Let us get to work on helping you rebuild your future.