Virginia Pedestrian Accident Lawyers
What You Should Know to Heal Financially, Physically, and Emotionally When a Motor Vehicle Hits You When You Are Walking
The human body is no match for the force that vehicles create. Cars, buses, and trucks weigh thousands of pounds more than you and travel at great speed, which increases the risk that you suffer catastrophic injuries to your brain or spinal cord in a pedestrian accident.
Unfortunately, pedestrian accidents are too common in the United States and Virginia. For example, the Centers for Disease Control (CDC) reported nearly 8,000 pedestrian deaths in motor vehicle crashes and more than 100,000 emergency room visits for pedestrians with non-fatal crash-related injuries in recent years. And 771 pedestrians died in Virginia motor vehicle crashes between 2017 and 2022.
If you are reading this article, you likely already know that a pedestrian accident is often an unfortunate, life-changing experience that can leave long-standing physical injuries and mental trauma. Indeed, the Virginia Department of Motor Vehicles (DMV’s) estimate that one in three pedestrians hit by motorists are killed or severely injured will not surprise you.
But do you know the nuances of insurance coverage and the laws applicable to motor vehicle vs. pedestrian accidents?
And do you feel comfortable negotiating a fair pedestrian accident settlement when the defendant driver has lawyers and claim adjusters working for their interests and against yours?
Read on to learn about automobile vs. pedestrian accidents, who is liable under different circumstances, and whether you should hire a pedestrian accident attorney near you.
Our Virginia pedestrian accident lawyers can help you. Call us at (804) 251-1620 or complete this form for a free consultation.
Takeaways: What You Need to Know About Pedestrian Accidents if You Only Have One Minute
Both pedestrians and motorists must follow the rules of the road. Pedestrians must take safety precautions, be visible, use crosswalks and signal lights, and, when possible, pedestrians should walk on the left side of the road. Motorists must follow all general traffic laws, especially yielding to pedestrians in designated crosswalks. Motorists cannot be distracted, driving in unsafe conditions, or under the influence of alcohol or drugs.
Virginia follows the contributory negligence doctrine, which means that to win at trial, the pedestrian must not be liable for causing the accident—the motorist must be 100 percent at fault. While your pedestrian accident attorney can argue your case, if a pedestrian is even one percent at fault, the insurer may offer to settle for a fraction of the damages, if at all.
If you have a case, an insurance company may offer a quick settlement to induce you to close your claim before you discover the extent of your injuries. This possibility is, in part, why it is essential to contact an attorney, as they can investigate your accident, develop the evidence to prove liability and damages at trial, negotiate a top-dollar pedestrian accident settlement, and try your case before a judge or jury if needed to get a fair resolution.
While Virginia does offer two years to file a claim, you should avoid waiting until the deadline to contact a pedestrian accident lawyer. Information and evidence are still fresh, and personal injury cases can take years to move through the courts if they go to trial, so it is best to begin as soon as possible.
What is a Pedestrian?
You are a pedestrian if you travel on foot.
Most pedestrian accidents, therefore, involve a car striking a walking person on the road or sidewalk.
In addition, the law sometimes considers you a pedestrian if you use a skateboard, roller skates, scooter, or anything other than a motor vehicle.
Understanding the Pedestrian Laws
A common misconception is that drivers are always liable when a motor vehicle strikes a pedestrian. This belief is false.
Pedestrians must follow specific rules to recover money damages in a personal injury lawsuit. Indeed, a pedestrian may be liable for injuries to the driver or a vehicle passenger in an automobile vs. pedestrian crash. For example, the 2023 Virginia State Crime Commission Annual Report found that approximately one-third of pedestrians killed in a motor vehicle crash were drunk or intoxicated with illegal drugs.
This article section explains the pedestrian laws.
You will likely have a viable pedestrian accident case or negotiate a reasonable personal injury settlement unless the defendant driver can prove you violated one of these rules.
Where Should Pedestrians Cross the Road?
The general rule is to only cross at intersections or marked crosswalks where possible.
If an intersection does not have a marked crosswalk, you can cross between intersections by the most direct route without being guilty of negligence as a matter of law.
Does the Driver or Pedestrian Have the Right of Way?
Figuring out whether the driver or pedestrian has the right of way is critical in evaluating a fair amount for a pedestrian accident settlement.
Generally speaking, pedestrians always have the right of way, provided they follow the rules (e.g., using sidewalks and crosswalks, obeying traffic signs, and exercising common sense and safety).
For example, pedestrians in clearly marked crosswalks have the right of way over drivers. Further, drivers must yield to pedestrians at intersections where the speed limit is no more than 35 miles per hour or when the vehicle turns into the highway where you are walking.
That said, you cannot enter or cross an intersection on foot without regard for oncoming traffic or using common sense. And you must follow traffic lights, pedestrian control signals (“Walk” or “Don’t Walk”) and stop signs and look before you step into a crosswalk. Otherwise, you risk a court finding that you are at least partially at fault and may lose your automobile vs. pedestrian case.
Can You Walk on the Road?
Virginia law states that pedestrians should not use roadways for travel unless passable and suitable sidewalks are unavailable.
If you must walk on the road, travel on the extreme left side. This means you will walk against traffic.
We also recommend wearing reflective clothing and carrying a flashlight if walking at night.
Common Causes of Pedestrian Accidents
As the person with the dangerous vehicle, a motorist can be held responsible and liable for a pedestrian accident in more ways than a walker can.
Some of the more common causes of automobile versus pedestrian accidents are listed below.
Distracted Driving
The media treats distracted driving as a “new” thing with the advent of cell phones and smartphones. But drivers have been distracted for decades, whether by changing the radio, putting in a new compact disc, other passengers in the car, reading paper maps, or even reading books while driving.
Of course, cell phone use is one of the primary reasons for distracted driving in modern times. In 2015, the NHTSA reported that 15 percent of all crashes involving pedestrian injuries were caused by distracted driving. In these types of pedestrian accidents, the motorists would be liable for their negligence, provided the pedestrians followed all traffic laws.
On the other hand, as a pedestrian, you risk losing your lawsuit against the defendant driver if you are not paying attention to traffic because you are on your smartphone while walking.
Speeding
Speeding is the number one cause of motor vehicle accidents, including pedestrian accidents and fatalities. Adding 10 miles per hour increases the risk of pedestrian death in a crash.
In most cases, you would think the motorist is liable if a car hits a pedestrian but remember the negligence elements in Virginia. If a motorist was speeding and disobeying the law, and a pedestrian “darted” out in front of the speeding car, the plaintiff (pedestrian) may receive a lower car accident settlement offer or lose their case at trial because they were partially at fault.
Failure to Yield
The motorist’s failure to yield while the pedestrian is crossing the road (whether in a designated crosswalk or not) is another potential cause of your accident. Indeed, the motorist is usually found at fault in pedestrian accident lawsuits based on a failure to yield. If you use the designated pedestrian crossing and take other safety precautions, the driver’s failure to yield will allow you to recover damages.
Quite often, a motorist making a left turn instead of a right turn will strike a pedestrian in a crosswalk, it is when the motorist makes a left turn instead of a right turn. Some believe this can be attributed to the “look right, look left, look right” driver’s education guidance, and drivers are not always looking to their left when they should be. As a pedestrian, it is still important to take safety precautions, keep your eyes open, and be visible. While the motorist would most likely be liable and found completely negligible, it is best to avoid a pedestrian accident in the first place.
Other Causes of Pedestrian Accidents
Other common causes of pedestrian accidents due to the driver’s acts include:
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- Driving too fast/aggressively for weather conditions
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- Driving under the influence of alcohol or drugs
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- Disregarding traffic signs or signals
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- Failure to use turn signals
Like in other tort claims in Virginia, the motorist must be the only negligent party to win your case.
What if You are Partly Responsible? Comparative Negligence & Pure Contributory Negligence in Pedestrian Accident Cases.
Most states use the comparative negligence doctrine, also known as “allocation of fault, ” in pedestrian accident lawsuits.
For example, suppose you are the plaintiff seeking damages for injuries in a pedestrian accident; however, you did not use a designated crosswalk during the motor vehicle crash. The judge or jury may find you at least partially at fault in comparative negligence states. If so, the court may reduce or wipe out the jury verdict depending on the percentage found at fault.
However, the Commonwealth of Virginia follows a “pure contributory negligence” principle instead. As the injured pedestrian in an auto vs. pedestrian accident, you will lose at trial even if the jury finds you partially at fault for the accident – even just one percent.
These significant risks—a reduced recovery or even a complete loss—are why it is wise to search for a “pedestrian accident attorney near me” as soon as possible so you can explicitly know your rights and the likelihood of success with your lawsuit.
For example, types of pedestrian accident cases that are difficult to win include dart, illegal crossing, and visibility cases.
“Dart” or “dart out” refers to a pedestrian (sadly, often a child) who darts out into the street or the middle of traffic. In a comparative negligence jurisdiction, these cases are challenging to prove above the fault threshold needed to recover. And in pure contributory negligence jurisdictions, such as Virginia, these cases can be nearly impossible to win unless the motorist had enough warning to stop or the victim cannot be considered negligent due to age.
You may still be able to negotiate a pedestrian accident settlement in this scenario. But the amounts offered are often low compared to the claimed damages.
If you retain a skilled pedestrian accident lawyer, they will help you understand if you are the plaintiff, the percentage you may be liable for, and what a typical settlement for a car/bus/truck vs. pedestrian accident might be for your case.
Steps to Take After a Pedestrian Accident
The first step after a pedestrian accident is to ensure you (or someone else) call the police.
If favorable, the police crash report initial police report will help your pedestrian accident attorney establish the motorist’s fault.
Get Medical Attention
You will likely need medical attention if a car strikes you while you are walking.
Seek out this treatment and follow medical instructions.
Even if you “feel fine” or have no visible injuries, consult a physician after a pedestrian motor vehicle accident. You may have pedestrian accident injuries that take days to notice pain or internal injuries that are not visible.
Document the Scene
An insurance company representative, police, and likely the motorist will take pictures of the scene after the accident.
If you are physically or mentally able, video or photograph the accident scene, property damage, and injuries and obtain contact information and statements from witnesses.
The evidence you gather soon after the accident may be critical or help your pedestrian accident attorney find crucial proof that the motorist’s negligence caused your injuries.
If you are injured or shaken up and unable to, try remembering everything you can to share the full story with your pedestrian accident attorney when you contact one.
Contact a Pedestrian Accident Attorney
Even if the accident is minor and you have no medical injuries, consult a pedestrian accident law firm or attorney specializing in personal injury law.
Their familiarity with the nuances and legalities of Virginia law can immeasurably help you when filing a claim and lawsuit. Indeed, a skilled pedestrian accident lawyer can help you obtain a settlement that accounts for your past, present, and future damages.
How a Pedestrian Accident Lawyer Can Help You
A pedestrian accident attorney can help you understand how Virginia-specific pedestrian safety and laws affect the likelihood of success, retain expert witnesses, develop the financial and medical evidence to ensure a fair approximation of damages, resolve your claim by settlement without filing a lawsuit or going to trial, and navigate the court system and present your story at trial if needed.
Look for a “pedestrian accident attorney near me” when searching and interview a few lawyers to see which one is the best fit for you.
What Damages Can You Recover in a Pedestrian Accident Lawsuit?
You can recover the same damages in a pedestrian accident case as in other cases based on negligence and bodily injury.
These items include money for medical bills (past, present, and future, if applicable), lost wages, permanent impairment, and pain and suffering. As with other personal injury cases, pain and suffering damages can sometimes be challenging to prove, but your attorney can make a strong case that you deserve them after a traumatic accident in which a car or even larger vehicle strikes you.
What is the Statute of Limitations for a Pedestrian Accident Lawsuit?
Virginia’s statute of limitations for automobile vs. pedestrian accidents is two years.
That means you have two years from the accident date to bring a civil action in court.
However, it is a good idea to consult a pedestrian accident attorney as soon as possible, as this scenario makes it more likely that witnesses will still be available, and your injuries are still recent.
What are the Most Recent Virginia Pedestrian Accident Statistics?
In April 2024, the DMV issued preliminary data on crashes involving pedestrians in Virginia.
The highest number of pedestrian fatalities or injuries occurred in these cities and counties during the first part of 2024:
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- Richmond City (45 pedestrian injuries)
- Arlington County (29 pedestrian injuries)
- Prince William County (27 pedestrian injuries and three pedestrian fatalities)
- Henrico County (26 pedestrian injuries and three pedestrian fatalities)
- Norfolk City (22 pedestrian injuries and two pedestrian fatalities)
- Virginia Beach City (21 pedestrian injuries and one pedestrian fatality)
- Newport News City (20 pedestrian injuries and one pedestrian fatality)
- Alexandria City (18 pedestrian injuries)
- Loudoun County (17 pedestrian injuries and two pedestrian fatalities)
- Roanoke City (17 pedestrian injuries and one pedestrian fatality)
- Hampton City (14 pedestrian injuries)
- Portsmouth City (11 pedestrian injuries)
- Chesterfield County (Nine pedestrian injuries and two pedestrian fatalities)
- Fredericksburg City (Seven pedestrian injuries)
- Charlottesville City (Eight pedestrian crashes)
Our Law Firm Helps Pedestrians Recover Fair Compensation for Their Injuries
If you or a loved one has been injured by a vehicle while walking on a sidewalk, in a crosswalk, or on the road, we want to hear from you.
Our pedestrian accident attorneys serve injury victims in Virginia and Maryland.
Call (804) 251-1620 today.
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