Fremont Pedestrian Accident Lawyer

A pedestrian who is struck by an automobile is more likely to be severely injured compared to someone struck while riding in a car. Due to the catastrophic nature of pedestrian accidents, these cases often need to be handled differently than standard motor vehicle accident cases. Insurance companies often work with claims involving accidents in which all parties are riding in a motor vehicle. As a result, they may not properly understand the extent of your injuries or damages.

Considering the complexities that may arise in a case of this magnitude. It may be beneficial to consult with an experienced Fremont pedestrian accident lawyer about the specifics of your case. A qualified personal injury attorney from Inkelaar Law could fight to help you obtain compensation from those responsible, so you can focus on healing and rehabilitation.

Establishing Liability in a Pedestrian Accident Case

If you are struck by a car as a pedestrian, you may have the right to file a lawsuit against the at-fault driver. In order to have better chances of achieving a successful outcome, the claimant must prove the following three elements: the duty of care, the breach of this duty of care, and causation.

Every driver has a duty to operate their motor vehicle in a safe and reasonable manner to ensure the safety of other drivers and property. This means that drivers must obey the rules set forth in Nebraska’s state traffic laws. Failure to fulfill this duty of care often constitutes a breach, which in many cases results from inattentiveness or negligence behind the wheel.

While even minor breaches can result in serious accidents, egregious breaches of duty such as driving under the influence or reckless driving can cause catastrophic injuries. Such actions may result in not only civil liability levied by a pedestrian accident attorney in Fremont working on a plaintiff’s behalf, but also criminal punishment from charges filed by Nebraska police as well.

Regardless, in order to recover civil damages, you must prove that such a breach of duty was the direct cause of your physical injuries resulting from a collision. Causation may be considered proximate or cause-in-fact, depending on the circumstances.

Shared Fault in Pedestrian Collision Cases

In some cases, both a pedestrian and a motorist are at fault for an accident. If so, Nebraska follows a modified comparative negligence system which allocates fault between both parties, as explained in Nebraska Revised Statutes 25-21, §185.09.

However, a defendant’s liability may be lowered—but not necessarily eliminated—if you are found to be partly at fault for your own injuries. Your negligence as assigned by the court may proportionately diminish your chances at recovery.

Moreover, your ability to recover will be barred if you are found to bear 50 percent or more of the total liability for the accident. A pedestrian accident lawyer in Fremont could help you determine whether and to what degree this restriction on recovery may impact your case.

Common Damages in Pedestrian Accidents

The types of damages and amount of compensation available in a pedestrian accident case may depend on the nature and severity of your injuries and the value of their expenses and losses. All these factors may need to be closely examined to determine the value of any pedestrian accident case.

Some of the types of damages that may be recoverable include:

  • Medical expenses
  • Future medical costs
  • Missed time from work
  • Lost wages
  • Loss of future earning capacity
  • Non-economic damages

Speaking with a Fremont Pedestrian Accident Attorney

If a lawsuit becomes necessary in order to recoup damages, it is highly advisable that you consult with an experienced Fremont pedestrian accident lawyer to help you understand Nebraska personal injury law and protect your legal rights. Call us at Inkelaar Law today to set up an initial consultation and start exploring your options for recovery.