Pedestrian Accidents Attorneys in Little Rock, Arkansas
A good walk can be spoiled in an instant when struck by a vehicle operator who failed to uphold their legal duty of care. A human being is simply no match for tons of metal and glass.
If you were a victim of a pedestrian accident, or if a loved one was injured severely or killed, in Little Rock, Benton-Bryant, Cabot, Conway, Arkansas, contact Cortinez Law Firm. We have the experience and knowledge to help our clients understand the legal process involved in a personal injury or wrongful death claim to make informed decisions. We are here to help.
What Determines Who Is Liable for Damages?
Arkansas is an at-fault state for personal injury claims. This means a party at fault is legally liable for the damages caused to those they injure. Who has the right of way when the collision occurs is not always clear, but the law provides guidance.
Pedestrians are required to obey all traffic signs and signals and use marked and unmarked crosswalks. “Unmarked crosswalks” merely means crossing where the streets intersect one another, rather than crossing a roadway elsewhere. Pedestrians are also supposed to use sidewalks when provided. If there is no sidewalk, they are required to walk as far to the edge of the roadway as possible with traffic coming toward them. That is so pedestrians can watch for drivers who may not be paying attention as they approach.
Pedestrians attempting to cross the street on a yellow light are required to yield to vehicles, and they should not attempt to cross when the light is red unless there is no traffic and it is safe for them to do so. Even so, if a vehicle enters the intersection legally, the pedestrian must yield the right of way to it.
If a pedestrian has a green light to cross a street, and a vehicle has a green light but is attempting to make a right or left turn, the vehicle must yield the right of way to the pedestrian. Even if the pedestrian is crossing the street against the traffic light or sign, the vehicle is required to allow them to cross, just as it would be required to wait for a vehicle crossing against the light. A driver can’t just hit someone who doesn’t have the right of way just because that driver does have it.
Some conditions create hazards, such as rain, snow, ice, dark roadways or intersections, and unmarked intersections. Vehicles and pedestrians should proceed with caution.
What Determines Who Was at Fault?
Determining fault can be difficult and can be shared by both the vehicle operator and the pedestrian. “Fault” is also referred to as “negligence” because the person at fault was negligent in the duty of care they owed to others while sharing the roadways.
Arkansas is a modified comparative fault state. For personal injury and wrongful death claims, a party assigned less negligence than another party may hold the more negligent party responsible for their injuries and resulting damages.
As an example, suppose you entered an intersection when the traffic signal was yellow and attempted to cross. A car enters the intersection on a green light and strikes you in the crosswalk because the driver was texting. You both share blame for the incident. You were negligent by attempting to cross on the yellow light. The driver was negligent because they should have yielded the right of way to you regardless, plus they were texting at the time. In this scenario, you are held 40% at fault and the driver 60% at fault. You can still file a personal injury claim against the driver’s auto insurance; however, any financial recovery you receive would be reduced by your 40% at fault.
What Damages Might I Recover?
You can recover both economic and non-economic damages in Arkansas. Economic damages are those with a defined cost, including medical expenses, lost wages, and funeral expenses as a result of a wrongful death claim. Non-economic damages don’t have a specific value, but you have paid a price for them. These would include pain and suffering, disfigurement in a personal injury claim or loss of future financial support, and loss of companionship and guidance in a wrongful death claim. It is crucial to work with our personal injury attorneys to substantiate the value of your non-economic losses.
How Much Time Do I Have to Settle a Claim?
The statute of limitations for personal injury and wrongful death claims in Arkansas is three years. You possess three years from the date of the accident, or the date of death, to either settle a claim with the insurance company or file a lawsuit in civil court. Filing a lawsuit stops the clock on the statute of limitations.
What Should I Do Now?
Regardless of whether you are the injured victim pursuing a bodily injury claim or the family of someone incapacitated or killed, you should contact experienced personal injury attorneys right away. The longer you wait, the more evidence will be lost that could prove negligence on the vehicle operator’s part. Time is of the essence.
Pedestrian Accidents Attorneys Serving Little Rock, Arkansas
Cortinez Law Firm has the experienced legal guidance and reliable representation you need to file a personal injury claim or wrongful death action. Our doors are open to all victims who have suffered due to someone else’s negligence, in a pedestrian accident, or any other kind. We are proud to serve clients, just like you, in Little Rock, Benton-Bryant, Cabot, Conway, or anywhere in Central Arkansas. We can begin helping you now. Call our office to schedule a free consultation today.