Fayetteville Pedestrian Accident Lawyers
Nobody walks through Fayetteville, AR suburban areas thinking they will get hit by a car. Most people tend to believe drivers will exercise caution and ensure other people’s safety. However, this is not always the case. Unfortunately, every year, thousands of unsuspecting pedestrians are hit by careless, negligent drivers in Arkansas.
If you or a loved one was hit and hurt by a negligent driver in Fayetteville, AR, we can help. Our Fayetteville, AR car accident attorneys from Gunn, Kieklak, & Dennis understand how challenging and frustrating your situation can be. We will fight aggressively and strategically to hold the liable parties accountable and get the compensation you deserve for your losses. To learn more about our services in a free, confidential consultation, call our law offices today at (479) 439-9840.
The Primary Causes of Car Accidents Involving a Pedestrian in Fayetteville, AR
Car accidents involving pedestrians can happen for many different reasons. However, most of the time, these types of accidents involve someone else’s negligence. In most cases, the driver is responsible for the accident and subsequent injuries and losses.
Typically, car accidents involving pedestrians happen due to distractions. Distracted driving has become one of the most common – and deadliest – conduct drivers can engage in. Unfortunately, many things can lead to distractions. However, this does not excuse a driver from paying attention to the road or their surroundings. If a distracted driver hits you or a loved one in Fayetteville, AR, our attorneys can help you fight for compensation.
Drunk driving has also caused thousands of car accidents involving pedestrians in Fayetteville, AR. An impaired driver cannot make sound choices when operating their vehicles, which increases the risk of hitting a pedestrian on the road. This is especially true for those driving in densely-populated areas.
Lack of experience is also a factor to consider in many car accidents involving pedestrians. Inexperienced drivers might make a wrong turn or back up their cars without making sure there are no pedestrians behind. If you got hurt by an inexperienced driver in Fayetteville, AR, we can help you hold the liable party accountable for your injuries and losses.
Filing a Personal Injury Claim for a Car Accident Involving a Pedestrian
If you were injured by the negligent actions or omissions from another party, you can file a personal injury claim and fight for compensation. To make sure you have a solid foundation to build your case, you must be able to prove the defendant’s negligence and how such negligence caused you harm. It is essential to have an experienced Fayetteville, AR car accident lawyer by your side during this process.
The court will always expect you to support your claim through evidence. This means you will need to prove – through evidence – the existence of your claim’s four main elements. Without all of these elements present, the court may not be able to provide you with compensation.
The legal duty is the first element you will have to show with the court. The legal duty refers to the obligation a driver has to safely operate their vehicle; like a prudent, reasonable person would under the same circumstances. For example, you can provide evidence supporting the idea that the liable party had a legal duty to drive safely, following traffic laws and regulations.
The breach of the legal duty requires you to show the defendant failed to adhere to the principles of prudence and reasonability expected from them. In other words, you can show the court the driver was unable to drive safely, engaging in negligent behavior that led to your injuries and losses – such as drunk driving, distracted driving, and speeding.
The third element in your claim – and the most complex – is causation. Causation requires you to provide evidence showing there is a clear connection between the defendant’s negligent actions or omissions and your subsequent losses. For instance, you can highlight facts showing the defendant’s actions – or omissions – were a necessary cause of your accident and injuries.
Damages or Losses
Finally, you must provide evidence suggesting you suffered losses due to your accident. Common examples of your losses include your medical expenses, lost wages, and pain and suffering. Once you have supported your claim with evidence and have proven all of the elements in your lawsuit, the court may grant you compensation.
Fayetteville Arkansas Comparative Fault Rules for Car Accidents Involving a Pedestrian
Arkansas uses a modified comparative fault rule when dealing with personal injury claims. Under this statutory rule, your compensation can be reduced based on your percentage of responsibility. For instance, if you are granted $100,000 in a personal injury claim but were found 10% liable, you would obtain $90,000 instead of the court’s full compensation.
Since this rule allows for a reduction in your compensation, the liable parties will try to take advantage of this and shake off their liability. It is not uncommon for a defendant to say you were partly to blame for your accident. Their lawyer will fight aggressively to convince the court your compensation should be reduced. However, with your Fayetteville, AR car accident attorney’s assistance, you can show there is no one else to blame but the defendant.
Additionally, your lawyer can help you file your claim on time. It is essential to understand that you have a limited time to file your claim with the court. This is known as the statute of limitations. If you fail to present your claim within this legal timeline, the court may refuse to hear your case, and you may risk losing your compensation. Our Fayetteville, AR car accident attorneys can help you with these and any other legal matters regarding your car accident.
Fayetteville, AR Car Accident Attorneys Providing Free Consultations
If a negligent car driver injured you or a loved one in Fayetteville, AR, we can help. All drivers are held to a standard of care, especially when driving around pedestrians. At Gunn, Kieklak, & Dennis, LLP, we fight aggressively and strategically to ensure your rights are protected at all times. We will hold the liable parties accountable for your losses and fight for the compensation you deserve. To learn more about our legal services in a free, confidential consultation, call our law offices today at (479) 439-9840.