Westbrook, CT: What to Do After a Pedestrian Accident

Westbrook, CT: What to Do After a Pedestrian Accident

Each year, thousands of pedestrians are injured or killed in traffic accidents. In Connecticut, drivers have a responsibility to share the road with pedestrians and to exercise reasonable care to avoid causing them harm. According to the Connecticut Department of Transportation, there were 1,474 crashes involving pedestrians in 2023, resulting in 64 deaths. If you or a loved one has been involved in a pedestrian accident in Westbrook, CT, it’s crucial to know what steps to take to protect your rights and well-being.

I. Immediate Actions Following a Pedestrian Accident

The moments following a pedestrian accident are critical. Here’s what you should do immediately:

  1. Ensure Your Safety: If you are able, move to a safe location away from traffic. If you are seriously injured, call for help and wait for emergency responders.
  2. Call 911: Report the accident to the police, even if the injuries appear minor. A police report can be a valuable piece of evidence when filing a claim. In Westbrook, you can also contact the Connecticut State Police Troop F at 860-399-2100 to report the incident.

  3. Gather Information: If possible, collect the following information at the scene:

    • Driver’s name, address, phone number, and insurance information
    • Vehicle make, model, and license plate number
    • Names and contact information of any witnesses
    • Photos of the accident scene, including any visible injuries, vehicle damage, and traffic conditions
    • Seek Medical Attention: Even if you don’t feel immediate pain, it’s essential to seek medical attention as soon as possible. Some injuries, such as internal bleeding or head trauma, may not be immediately apparent. A medical professional can properly evaluate your condition and provide necessary treatment. Keep detailed records of all medical appointments, treatments, and expenses.
    • Report the Accident to Your Insurance Company: Notify your insurance company about the accident, but avoid giving a detailed statement until you have consulted with an attorney.

II. Understanding Your Legal Rights in Connecticut

As a pedestrian in Connecticut, you have certain rights and responsibilities. Connecticut law requires drivers to yield the right-of-way to pedestrians in marked and unmarked crosswalks. According to Connecticut General Statutes Section 14-300, drivers must slow down or stop to allow pedestrians to cross safely.

A. Pedestrian Responsibilities

While drivers have a duty to exercise care, pedestrians also have responsibilities:

  • Use sidewalks when available.
  • If there is no sidewalk, walk on the side of the road facing traffic.
  • Obey traffic signals and crosswalk signs.
  • Avoid darting out into traffic.
  • Refrain from using cell phones or other distractions while walking.

B. Comparative Negligence

Connecticut follows a modified comparative negligence rule. This means that if you are partially at fault for the accident, you can still recover damages as long as your percentage of fault is 50% or less. However, your compensation will be reduced by your percentage of fault. For example, if you are awarded \$10,000 in damages but are found to be 20% at fault, you will receive \$8,000.

III. Potential Damages in a Pedestrian Accident Claim

If you have been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to compensation for the following damages:

  • Medical Expenses: This includes past and future medical bills, rehabilitation costs, and expenses for necessary medical equipment.
  • Lost Wages: You can recover lost income if you have been unable to work due to your injuries.
  • Pain and Suffering: This includes compensation for physical pain, emotional distress, and mental anguish.
  • Property Damage: If any of your personal property was damaged in the accident, such as your clothing or glasses, you can seek compensation for the repair or replacement of those items.
  • Punitive Damages: In some cases, punitive damages may be awarded if the driver’s conduct was particularly reckless or egregious.

IV. The Role of a Personal Injury Attorney

Navigating the legal complexities of a pedestrian accident claim can be challenging. A personal injury attorney can help you protect your rights and pursue the compensation you deserve. Here’s how an attorney can assist you:

  • Investigate the Accident: An attorney can conduct a thorough investigation of the accident to gather evidence and determine liability.
  • Negotiate with Insurance Companies: Insurance companies often try to minimize payouts to protect their bottom line. An attorney can negotiate with the insurance company on your behalf to ensure that you receive a fair settlement.
  • File a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
  • Provide Legal Advice: An attorney can provide you with sound legal advice and guidance throughout the claims process.

Several experienced personal injury law firms serve the Westbrook, CT area, including RisCassi & Davis, P.C., The Connecticut Injury Firm, LLC., and Hassett & George, P.C.

V. Westbrook, CT Specific Considerations

Westbrook, CT, like many shoreline towns, has areas where pedestrian safety is a concern. According to a 2019 Sidewalk / Pedestrian Plan, a goal of the community has been to connect existing sidewalks into a meaningful overall system. The most dangerous roadways in Westbrook include Interstate 95, U.S. Route 1 (Boston Post Road), and Route 153. Route 1 is particularly hazardous for pedestrians due to inadequate sidewalks and safe crossings. Recent news reports indicate pedestrian accidents have occurred on Essex Road in Westbrook.

VI. Preventing Pedestrian Accidents

While it’s important to know what to do after a pedestrian accident, it’s even more important to take steps to prevent them from happening in the first place. Here are some safety tips for pedestrians and drivers:

A. For Pedestrians:

  • Be aware of your surroundings at all times.
  • Use crosswalks and obey traffic signals.
  • Make eye contact with drivers before crossing the street.
  • Wear bright clothing, especially at night.
  • Avoid distractions, such as cell phones.
  • Walk on sidewalks whenever possible.
  • If there is no sidewalk, walk facing traffic.

B. For Drivers:

  • Obey speed limits and traffic laws.
  • Be alert and avoid distractions.
  • Yield the right-of-way to pedestrians in crosswalks.
  • Watch out for pedestrians when turning or backing up.
  • Be especially careful in areas where pedestrians are likely to be present, such as school zones and residential neighborhoods.
  • Never drive under the influence of alcohol or drugs.

VII. Resources for Pedestrian Accident Victims in Connecticut

  • Connecticut Department of Transportation: Provides information on traffic safety and pedestrian laws.
  • Statewide Legal Services of Connecticut: Offers free legal assistance to low-income individuals. Call 1-800-453-3320 for more information.
  • CTLawHelp.org: Provides legal information and self-help resources.
  • Local Bar Associations: Can provide referrals to qualified personal injury attorneys in the Westbrook area.

Conclusion

Pedestrian accidents can have devastating consequences. If you or a loved one has been involved in a pedestrian accident in Westbrook, CT, it’s important to take immediate action to protect your rights and well-being. By following the steps outlined in this blog post and seeking the assistance of a qualified personal injury attorney, you can increase your chances of recovering the compensation you deserve and moving forward with your life.

Have you or a loved one been involved in a pedestrian accident? Contact us today for a free consultation to discuss your legal options.