Filing an injury claim requires strong attention to detail, experience in filing similar injury claims, and the understanding of how an injury claim could fail. In the event of a pedestrian accident case, victims should be wary of the defense accusing the victim of being partly at fault for the accident. If you believe that your case may be negatively impacted by comparative negligence, contact an experienced attorney for help with combatting accusations of comparative negligence in Boston pedestrian accident cases. Let a skilled pedestrian accident lawyer fight for you.
The presence and use of crosswalks impact liability because when pedestrians are in a crosswalk, the assumption is that they are not at fault for any accident inflicted upon them. People in crosswalks are protected by several laws, both by city ordinances in Boston and by Massachusetts General Laws. In Boston, if someone is in a crosswalk, they have the right of way to cross the road. In addition, if they are established in the road and are more than ten feet into the public way, they are also protected by the Massachusetts General Laws.
If it is found that the victim contributed to the accident which caused their injuries, they may suffer a compensation loss. Depending upon the percentage for which they are at fault, a judge could discount the value of the case by the percentage in which the victim was contributorily negligent. For example, if the defense were to argue that the victim is 25 percent at fault for the accident, their compensation award would be decreased by 25 percent. Contact an attorney for help with developing strategies to counter any accusations of comparative negligence in Boston pedestrian accident cases.
When creating a pedestrian accident injury claim, an attorney would try to reach out to any witnesses of the accident. They may also try to collect any video surveillance by getting in touch with law enforcement, the victim, and anyone else residing in the vicinity of the accident. This may usually entail that an attorney sends requests to local businesses around the area looking for video evidence. An attorney would also try to collect any medical records following a victim’s visit to a hospital.
Once an attorney can get a better picture of the incidents that led up to the accident, they would then submit a demand package to the insurance company, and more often than not, attempt to settle a case. If the insurance company does not make a fair offer, the plaintiff could decide to sue the insurance company, go to trial, and try to gain a favorable outcome.
One of the more common complications pedestrian accident victims may face when filing an injury claim is the defense claim contributory negligence against the victim. If the victim is found to be partly responsible for their injuries, it may be decided that their compensation award is reduced by the percentage for which they are at fault. To avoid the repercussions of comparative negligence in Boston pedestrian accident cases, contact an experienced attorney today for help with filing an injury claim.