Pedestrians in a crosswalk have superior rights to motorists. Under Virginia law, if a person is walking in a defined crosswalk and a vehicle strikes them, they have the legal protection that the driver of the vehicle had a duty to keep a proper lookout to avoid hitting them. Proving fault in a pedestrian accident claim is crucial for victims seeking compensation for their injuries and damages.

Pedestrian accidents can result in severe injuries due to the vulnerability of pedestrians compared to vehicles. At Shapiro, Washburn & Sharp, we can help you assess your claim and guide you through the legal process to ensure you receive the compensation you deserve. Call us today at 833-997-1774 for a free consultation.

What Are the Rights of Pedestrians in Virginia?

In Virginia, pedestrians have specific rights designed to protect their safety. Pedestrians generally have the right of way when crossing streets in marked crosswalks or unmarked crosswalks at intersections. Virginia law requires drivers to stop and yield to pedestrians in these situations.

Pedestrians are entitled to use sidewalks without fear of obstruction or danger from vehicles.

What Should I Do Immediately After a Pedestrian Accident in Virginia?

If you are injured in a pedestrian accident, your first priority should be seeking medical attention. Even if injuries seem minor, a medical evaluation can document the harm caused by the accident and identify injuries that may not be immediately apparent, such as internal trauma.

Contact the police to report the accident, ensuring that an official report is created. This document will be important for any potential legal or insurance claims. If possible, gather evidence at the scene. Take photos of the accident site, the vehicle involved, and any visible injuries. Obtain contact information from the driver and any witnesses who saw the accident.

It’s also essential to avoid making statements that admit fault. When communicating with law enforcement, medical personnel, or insurance adjusters, speak only about the facts.

Can I Recover Compensation If I Was Injured in a Pedestrian Accident?

If a driver’s negligence caused the accident, you may be entitled to compensation for your injuries. This can include economic damages such as medical expenses, lost wages, and out-of-pocket costs related to the accident. You may also claim non-economic damages, including pain and suffering, emotional distress, and loss of enjoyment of life.

However, due to Virginia’s contributory negligence rule, recovering compensation depends on proving that you were not at fault for the accident. For example, if you were crossing against a traffic signal or outside a crosswalk and are deemed partially responsible, you may be barred from receiving damages.

Consulting with a personal injury attorney experienced in pedestrian accidents is crucial for building a strong case, particularly if fault is contested.

What Are Common Causes of Pedestrian Accidents in Virginia?

Pedestrian accidents in Virginia often result from driver negligence or unsafe pedestrian behavior. Common causes include:

  • Distracted driving: Drivers using cell phones, eating, or engaging in other distractions may fail to notice pedestrians.
  • Failure to yield: Drivers not stopping for pedestrians at crosswalks or intersections frequently cause accidents.
  • Speeding: Higher speeds reduce a driver’s ability to stop in time and increase the severity of collision-related injuries.
  • Impaired driving: Alcohol or drug use can impair a driver’s ability to react appropriately to pedestrians.

Do I Need an Attorney After a Pedestrian Accident in Virginia?

While hiring an attorney after a pedestrian accident is not mandatory, having legal representation can significantly improve your chances of receiving fair compensation. An experienced attorney can investigate the accident, gather evidence, and negotiate with insurance companies on your behalf.

Insurance adjusters often aim to minimize payouts and may try to blame the pedestrian to reduce or deny claims. An attorney can counter these tactics, ensuring your rights are protected.

If the case goes to court, an attorney can represent you and present a compelling argument, increasing your chances of a favorable outcome. Given Virginia’s strict contributory negligence rule, having skilled legal counsel is essential for navigating the complexities of your case.

What Should I Do If I’ve Been Injured in a Pedestrian Accident?

If you’ve been injured due to someone else’s negligence, the first step is to seek medical treatment. Once your immediate needs are addressed, contact an attorney specializing in personal injury cases to discuss your options.

At Shapiro, Washburn & Sharp, we have decades of experience handling personal injury claims. We understand how to navigate the legal process and work with you to maximize the value of your case. Call us at 833-997-1774 to schedule a free consultation, and let us help you get the compensation you deserve.