Walking instead of driving to run errands or socialize is good exercise, avoids parking trouble, and is environmentally friendly. However, careless drivers can be a danger to pedestrians. Even when pedestrians take care to follow traffic rules, a driver’s negligence can result in severe injuries. Pedestrians injured in these accidents may be entitled to damages for medical costs and other expenses.
At LaCourse Law, our experienced personal injury attorneys know how serious these cases can be. Let a Broken Arrow pedestrian accident lawyer handle the legal details and relentlessly pursue fair damages so you can focus on recovering.
One of the first things your lawyer needs to know to help you is the date the accident occurred. This is because there is a time limit for filing a personal injury case. For most pedestrian accident cases, the statute of limitations in Oklahoma is two years.
This might seem like plenty of time to file your case, but consulting a pedestrian accident lawyer in Broken Arrow promptly after your collision is crucial. Acting quickly prevents the risk of missing the filing deadline, which would legally bar your case, and helps your attorney gather important evidence before it is lost or the trail goes cold.
When a vehicle strikes a pedestrian, the first legal step is to prove the driver was at fault. Even though there is a size and power imbalance between a person and a vehicle, it does not automatically mean the driver is liable. Your lawyer needs to show that the driver breached a legal duty of care by demonstrating that they did not operate their vehicle responsibly or in accordance with traffic laws, resulting in your accident.
Once an attorney has demonstrated that the driver breached a duty of care, they next need to show the court evidence that the driver acted negligently, recklessly, or intentionally in a way that led to the crash and how those actions caused you harm.
At LaCourse Law, our pedestrian accident attorneys in Broken Arrow know how to gather the evidence and connect the dots to demonstrate how the driver’s actions led to your injuries. This means a better chance of recovering damages to help you pay for your medical bills and more.
Oklahoma follows a modified comparative fault system to determine damages. This means you can still recover compensation even if you were partially at fault for the accident. However, if you are found to be more than 50% responsible for the accident, your damages claim will be completely barred. If your level of fault is determined to be less than 50%, your compensation will be reduced proportionately to your degree of fault.
For example, if a court finds the driver was 90% at fault and you were 10% at fault, your compensation would be reduced by 10%. A $100,000 damages award would become $90,000. However, if you were 51% at fault, you do not get $49,000; you do not get anything. That is why it is important to have a legal team to assess the facts of your pedestrian accident case in Broken Arrow and present arguments favorable to your damages position.
Suffering injuries in a pedestrian accident is difficult on multiple levels. The aftermath can leave you dealing with significant medical issues, lost wages, and the stress of managing daily life, all while attempting to recover.
At LaCourse Law, we are committed to supporting injured pedestrians through every step of the legal process. When you work with a trusted Broken Arrow pedestrian accident lawyer, we will handle the legal side of things so you can focus on your recovery and peace of mind. Reach out today for a consultation.
(918) 744-7100