You can follow all the rules of the road and still get hit by someone. If a vehicle has hit you while walking, a Petersburg personal injury lawyer from the Pendleton Law Team can help you.
If you or a loved one has been involved in a pedestrian accident, it’s natural to feel overwhelmed. You may be facing mounting medical bills, time away from work, and complicated insurance claims.
Since 2011, The Pendleton Law Team has helped thousands of Virginians file claims and pursue justice. If you’ve been involved in a pedestrian incident, a Petersburg pedestrian accident lawyer can fight for your rights and help you pursue compensation.
Common Causes of Pedestrian Accidents
Pedestrian accidents occur for a variety of reasons, many of which can be prevented. Some of the most common causes of pedestrian injuries include:
- Distracted driving: Drivers who are texting, using their phones, or engaging in other distractions may fail to notice pedestrians.
- Jaywalking: Pedestrians crossing the road outside designated crosswalks can be difficult for drivers to anticipate, increasing the likelihood of collisions.
- Speeding: Excessive speeds reduce a driver’s ability to stop in time, particularly in areas with heavy foot traffic.
- Poor visibility: Low lighting, bad weather, or obstructed views can make it difficult for drivers to see pedestrians, especially at night.
- Failure to yield right of way: Many collisions occur when drivers fail to yield to pedestrians at crosswalks or intersections.
- Driving under the influence: Alcohol or drug impairment can slow reaction times and impair judgment, leading to tragic collisions with pedestrians.
- Pedestrian distraction: Pedestrians using smartphones, listening to music, or not paying attention to their surroundings can unintentionally step into traffic.
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How Is Liability Determined in a Pedestrian Accident?
To collect compensation as an injured pedestrian, you must prove that the other party was liable. Key factors in determining liability include:
- Duty of care: Both drivers and pedestrians are expected to follow traffic laws and exercise reasonable care to prevent collisions. Drivers must yield to pedestrians at crosswalks, obey speed limits, and avoid distractions, while pedestrians must use crosswalks and follow traffic signals.
- Negligence: Liability often hinges on proving negligence. To establish negligence, it must be shown that:
- The at-fault party had a duty of care.
- They breached that duty through reckless or careless actions.
- Their breach directly caused the accident and resulting injuries.
- Evidence collection: Evidence plays a vital role in determining liability. This can include:
- Police reports detailing the incident
- Witness statements
- Video footage from traffic cameras or nearby businesses
- Photographs of the scene, road conditions, and traffic signs
- Violation of traffic laws: If a driver violated traffic laws—such as running a red light, speeding, or failing to yield—they are more likely to be held liable. Similarly, pedestrians who ignore traffic signals or cross outside designated areas may be considered at fault.
- Expert testimony: In complex cases, experts may be called upon to analyze the scene of the incident and provide insight into how it occurred and who was at fault.
In some cases, both the driver and the pedestrian may share responsibility for the crash. Virginia follows a contributory negligence rule, which means that if the pedestrian is found to be even slightly at fault (e.g., jaywalking or crossing against a signal), they may be barred from recovering compensation.
Navigating liability in pedestrian accident cases can be challenging, especially in states like Virginia. A skilled pedestrian accident lawyer in Petersburg can investigate the incident, gather evidence, and build a strong case to prove the other party’s negligence.
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How Long Do I Have to File a Pedestrian Accident Claim in Virginia?
The statute of limitations for filing a pedestrian accident claim in Virginia is two years. If you don’t file a claim within this time frame, you may forfeit your right to seek damages.
There are some exceptions to this rule. For instance, if the incident caused damage to personal property (such as clothing or electronic devices), you have five years from the date of the accident to file a property damage claim.
In addition, if the crash incapacitates the injured party, the statute of limitations may be extended until they are legally able to file a claim.
While two years may seem like ample time, it’s crucial to start the process as soon as possible. Waiting can make it more difficult to gather evidence, locate witnesses, and build a strong case.
Additionally, insurance companies may use delays to question the validity of your claim.
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What Compensation Could I Receive?
There are many types of damages you can receive as a pedestrian accident victim. Those damages include:
- Current and future medical expenses
- Testing bills
- Long-term medical care
- Prescriptions
- Disability renovations
- Lost wages, both now and in the future
- Personal property damage
- Pain and suffering
If you lost a loved one in a pedestrian-related incident, you could be eligible to receive wrongful death damages as well. As pedestrian accident attorneys, we pursue as many avenues for compensation as we can.
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How Does Insurance Play a Part?
Insurance is the primary way people procure compensation after any auto-related incident.
That said, don’t assume your insurance company will be willing to give you what you need. These for-profit companies want to keep as much money as possible, and they’ll use many tricks to try to take advantage of you.
As an injured pedestrian, you’re not legally obligated to speak to insurers. If you do, anything you say to an insurance adjuster could be used against you (even a polite “I’m fine” over the phone).
Insurance adjusters may try to rush you into an early settlement or draw out your case to make you more likely to accept a low-ball offer. But with the Pendleton Law Team on your side, you’ll have someone who knows how to counter these tricks.
What Steps Should I Take After a Pedestrian Accident in Petersburg?
A pedestrian accident can be frightening and overwhelming. Nonetheless, taking the proper steps after the incident is crucial to protecting your rights and building a strong case.
Here’s a step-by-step guide:
- Seek Medical Attention
Your health should be the top priority. If your injuries seem minor, move to a safe area and call 911 for emergency medical assistance. Some injuries may not be immediately apparent. - Contact the Police
A police report will be a critical piece of evidence for any legal or insurance claims you file. Be sure to provide the police with accurate details about the accident, but avoid admitting fault. - Gather Information
Exchange information with other drivers, including their name, contact details, driver’s license number, and insurance information. If there were witnesses, collect their contact information as well. - Document the Scene
Take photos or videos of the accident scene, including any visible injuries, vehicle damage, traffic signals, road conditions, and skid marks. This evidence can be valuable when building your case. - Avoid Making Statements
Refrain from discussing the accident with the other driver or insurance representatives. Anything you say could be used against you. - Consult a Pedestrian Accident Lawyer
An experienced Petersburg pedestrian accident attorney can help you understand your rights, navigate the claims process, and pursue compensation for medical bills, lost wages, and other damages.
Why Do I Need a Petersburg Pedestrian Accident Lawyer?
Pedestrian accident cases often involve complex legal processes that can be difficult to navigate alone. Here’s what a pedestrian accident attorney in Petersburg can do:
- Explain your options: A lawyer can explain your legal rights and options. They can also determine whether you are entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
- Handle insurance companies: Insurance companies often aim to minimize payouts. A pedestrian accident lawyer will negotiate on your behalf to ensure you receive a fair settlement.
- Gather evidence: Building a strong case requires detailed evidence, such as police reports, witness statements, medical records, and accident scene photos. Your lawyer will handle the investigation and ensure all necessary evidence is collected and preserved.
- Prove liability: Determining fault in pedestrian accidents can be challenging, especially if multiple parties are involved. A lawyer can analyze the circumstances, gather expert opinions, and establish liability to strengthen your case.
- Maximize your compensation: Without legal representation, you might settle for less than what your case is worth. An experienced attorney can help you secure the maximum settlement.
- Provide peace of mind: Dealing with the aftermath of a pedestrian accident can be stressful. Hiring a lawyer will allow you to focus on your recovery.
Contact a Petersburg Pedestrian Accident Attorney Today
Suffering a pedestrian accident can be a traumatic experience. During this difficult time, you deserve compassionate support and dedicated legal advocacy.
If you’ve been hit by a car, or if you’ve hit a pedestrian that you believe violated the rules of the road, you don’t have to file a claim alone. Schedule a free consultation with our pedestrian accident attorneys in Petersburg to begin pursuing justice.
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