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Virginia Pedestrian Accident Lawyer
In Virginia, pedestrian accidents are just as much a significant concern as a motor vehicle accident, as they can both lead to serious injuries or fatalities. However, pedestrians are much more likely to suffer catastrophic injuries due to the inherent vulnerabilities of walking vs driving.
With that in mind, our highly experienced pedestrian injury attorneys understand the complexities of these kinds of cases and are absolutely dedicated to advocating for the rights and well-being of pedestrian accident victims across the state.
Our team of skilled personal injury lawyers specializes in navigating the highly nuanced nature of pedestrian accident law while ensuring that victims receive the justice and fair compensation they deserve. We handle pedestrian accident cases with compassion, expertise, and determination to obtain the best possible outcome under the circumstances.
If you or a loved one has been involved in a pedestrian accident, we are here to help. Let us take care of the legal aspects of your pedestrian accident claim so you can focus on getting back healthy and strong.
If you have suffered injuries because of someone else’s negligence, Sharif Gray at Broughton Injury Law can help. We have won millions of dollars in verdicts and settlements. Call Sharif at (804) 915-1611, send him a message online, or schedule a free consultation with him. We will get justice for you.
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TogglePedestrian Accident Statistics To Know
Pedestrian accidents in Virginia are a growing concern. That’s especially true when considering the statistics that highlight the severity and frequency of these incidents. Our pedestrian accident lawyers totally understand the gravity of these cases, which is why we aggressively pursue compensation on behalf of our clients:
- Rising Accidents: Virginia has seen a worrying increase in pedestrian accidents. This surge in accidents poses a significant challenge to public safety and demands immediate attention.
- Young Pedestrians at Higher Risk Than Usual: Alarmingly, a considerable number of these accidents involve young pedestrians. This shows the absolute pressing need for more safety measures that target the younger demographic.
- Older Pedestrian Risks: Almost 25% of pedestrians killed in the U.S. were over the age of 60. Further, in Virginia, nearly 25% of pedestrians killed in 2023 were in their 30s – Which is certainly a worrying trend.
- Historical High in Fatalities: The state has witnessed a disturbing high in pedestrian fatalities, reaching a four-decade peak (by a longshot) with 169 reported pedestrian deaths in 2022. These statistics further underscore the deadly nature of pedestrian accidents.
- Urban Areas Unsafe For Pedestrians: Most fatal pedestrian crashes in VA happen in urban areas, after sunset, and when a pedestrian was improperly crossing or walking in a road.
Understanding these troubling pedestrian trends is positively crucial for anyone navigating the aftermath of a pedestrian accident. If you or a loved one has suffered injuries due to the negligence of a motor vehicle driver while you were walking – We’re here to help. Contact us today to speak with our pedestrian accident lawyers.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen due to all sorts of scenarios, each potentially causing serious injury, up to death. Here are a few of the most common causes of traffic accidents involving pedestrians:
Distracted Driving
Unfortunately, distracted driving remains a primary cause of pedestrian accidents across the 50 states. Activities like texting, using GPS, eating, or any form of multitasking while driving can divert attention away from the road (and pedestrians), leading to absolutely disastrous consequences. That’s because it’s easy for a distracted driver to overlook pedestrian crossings, red lights, or even pedestrians walking alongside the road – resulting in severe and devastating pedestrian accident injuries.
Speeding
Excessive speed greatly reduces a driver’s reaction time and increases the severity of injuries a pedestrian accident victim suffers. Further, speeding in areas that are heavily trafficked by pedestrians (i.e., school zones, urban centers, etc.) can significantly raise the risk of pedestrian accident injury victims suffering, often leading to catastrophic injuries.
Failure to Yield Right of Way
Many pedestrian accidents occur at a pedestrian crossing where an at-fault driver fails to yield the right of way. This form of negligence is particularly prevalent where traffic signals or signs are usually disregarded – putting pedestrians at immense risk, especially in highly populated urban centers.
Poor Visibility
Low visibility conditions (i.e., nighttime, fog, or heavy rain) can make it incredibly challenging for drivers to spot pedestrians. However, that’s no excuse for hitting a walker or runner. Drivers have a duty to uphold while on the road, regardless of conditions.
Impaired Driving
Driving under the influence of alcohol or drugs dramatically impairs judgment and reaction times, to say the least. With that in mind, impaired drivers are much less likely to notice pedestrians, particularly in complex urban environments, leading to serious accidents – And, potentially, a pedestrian accident lawsuit.
Ignoring Traffic Signals
Road safety is a responsibility that must be shared by both pedestrians and drivers. Motor vehicle accidents involving walkers or runners can happen when either party ignores traffic signals (ex. jaywalking or running red lights). This may seem like something small, but that small mistake could lead to catastrophic physical and emotional pain.
Common pedestrian accident injuries resulting from these types of incidents include broken bones, head injuries, bruises and cuts, permanent disfigurement, and even fatality. If you’ve been hit by a car while walking, you deserve justice. Give us a call today for your free initial consultation.
Important Virginia Pedestrian Laws
The pedestrian laws In Virginia are carefully crafted and designed to protect individuals on foot and on the road. Understanding these laws is absolutely crucial if you’re thinking about filing a personal injury claim:
- Sidewalk Usage: Walkers and runners are required to use sidewalks when they’re available. If there are no sidewalks, they should walk facing traffic on the left side of the road or the shoulder.
- Crosswalks and Intersections: Pedestrians must cross the road at marked crosswalks or intersections wherever it’s feasible. In doing so, it makes pedestrian crossing more predictable for drivers.
- Comply With Traffic Signal: Just like drivers, pedestrians must obey traffic control signals. That includes ‘Walk’ and ‘Don’t Walk’ signs that you find at intersections.
- Visibility and Safe Crossing: Walkers are prohibited from entering a highway where they’re not visible to oncoming traffic.
- No Solicitation on Roadways: Pedestrians are forbidden from stopping or standing on roadways to solicit rides (i.e., hitchhiking), employment, or business, so the roads remain as clear as possible.
Understanding these pedestrian laws is absolutely vital for anyone walking or driving in Virginia. Further, they offer a solid basis for a pedestrian accident case in the event that one of the parties violates VA’s pedestrian laws resulting in injuries.
Understanding a Driver’s Duty of Care
Every motor vehicle driver has a fundamental duty of care towards pedestrians and other drivers on the road. This legal obligation not only ensures the safety and well-being of walkers/joggers, but it also gives each party a clearly defined set of rules to follow.
Our team of experienced personal injury attorneys, can’t emphasize enough the incredible importance of understanding this duty for both drivers and pedestrians.
With that in mind, drivers have a duty to:
- Obey all local and state traffic laws
- Stay vigilant and aware (i.e., avoid distracted driving)
- Drive sober and avoid intoxicants
- Maintain a safe vehicle (i.e., brakes, mirrors, etc.)
- Respect inclement weather conditions
If you’re injured by a motorist, you want a law firm that’s 100% committed to holding negligent drivers accountable for breaching their duty of care. Contact us today to discuss the details of your case – We’re here to help you seek maximum compensation for your injuries suffered.
What Damages Can Injured Pedestrians Sue For?
When a Virginia pedestrian gets injured in an accident due to a driver’s negligence, they are entitled to pursue various types of damages. That can include compensation for the following, but not limited to:
- Medical Expenses: Costs related to all medical treatment for pedestrian injuries (i.e., hospital bills, medication, rehabilitation, and any future medical expenses)
- Lost Wages: Suppose the injury caused you to miss work. In that case, you (the injured pedestrian) can claim compensation for the lost wages and your loss of earning capacity (if the injury clearly affects your ability to work in the future).
- Pain and Suffering: Physical pain and emotional distress experienced due to the automobile accident with a pedestrian is potentially claimable.
- Personal Property Damage: When personal property is damaged in the accident, compensation for their repair or even replacement can be claimed.
- Emotional Trauma: Psychological impact (i.e., anxiety, depression, PTSD, etc.) that resulted from the accident.
- Wrongful Death: In absolutely tragic instances where a pedestrian accident leads to fatality, the surviving family members can file a wrongful death lawsuit – Which may include compensation for funeral expenses, loss of companionship, as well as the emotional toll of losing a loved one.
If you’ve been injured, you want a pedestrian accident attorney who has your back. We’re here to thoroughly assess your case to determine all applicable damages and work tirelessly to recover the maximum possible compensation for the injuries you’ve suffered at the hands of a negligent driver.
Steps to Take After a Pedestrian Accident Cases
After you’ve been involved in a pedestrian accident, it’s critical that you take specific steps to ensure your safety, protect your legal rights, and increase your chances to recover compensation for your injuries. While every pedestrian accident case is different, here’s a general guide of that you should do in the aftermath of an accident:
Seek Medical Attention
Your health is your true wealth, as such, it’s your number one priority. Even if you don’t feel hurt, some injuries (i.e., a traumatic brain injury) may not be as immediately apparent as a broken arm. Therefore, seeking medical attention not only ensures your well-being but also creates a vital trail of medical records, which can be crucial for any injury claim.
Report the Accident
Don’t wait to file a police report, do it as soon as possible. It provides an official account of the accident involving the pedestrian and motor vehicles, which could prove critical for any kind of civil legal action in the future.
Gather Evidence at the Scene
If you have the ability to do so, collect evidence from the accident scene. This can include taking photos/videos of the accident site, your injuries, and gathering contact information of witnesses. This information can be a game changer for your pedestrian accident claim.
Contact a Pedestrian Accident Law Firm
Consulting with the best pedestrian accident lawyer for your situation can help ensure you’re up to date on your rights, the merits of your case, and which steps you should take next. Further, your attorney can offer advice about accepting or declining a settlement offer, and even represent you in court if necessary.
Keep Records of All Expenses
Keep meticulous documentation of all expenses that are related to the accident (i.e., medical bills, lost wages, and other costs). These records help your attorney to accurately value your case and seek fair compensation on your behalf.
Avoid Discussing the Accident on Social Media
Be very cautious about what you share on social media, and for that matter, what you say to witnesses or insurance companies. That’s because posts or statements about your accident or recovery can be used against you in your injury case, and hurt your chances to seek compensation.
Breaking Down The Claims Process Following VA Pedestrian Accident Cases
Navigating a pedestrian accident claim can be complex, to say the least. Here’s a brief overview of what you can expect in you’re a pedestrian injured in a car accident:
- Initial Consultation: This will be your first opportunity to discuss the details of your case with a pedestrian accident lawyer, who will evaluate your claims.
- Investigation: During this phase, your lawyer will gather evidence (i.e., police report, medical records, witness statements, etc.).
- Filing the Claim: Your attorney will file a claim on your behalf, usually against the car insurance provider of the at-fault driver or against them if they are uninsured.
- Negotiation: Most pedestrian accident claims involve negotiating a settlement with the insurance company. During these intense back and forth discussions, your attorney will advocate for fair compensation covering all of your current and future medical expenses, lost wages, and pain and suffering.
- Litigation: If for some reason, a settlement can’t be reached, your case may go to trial. At this critical juncture, your lawyer will present your case to a judge or jury in a compelling manner with the ultimate aim of securing maximum damages for your injuries.
Contact a Pedestrian Accident Lawyer in Virginia
Have you or a loved one been injured in a pedestrian accident ? If so, it’s crucial to have the right legal team on your side. Our pedestrian accident attorneys are dedicated to helping accident victims just like yourself navigate the complexities of pedestrian accident claims.
Whether it’s a case of a hit and run accident, crossing the street mishap, or an incident involving a negligent vehicle manufacturer, our team is prepared to fight tooth and nail for you.
Don’t let the chance for just compensation slip away, especially if you’re an injured pedestrian or one of the surviving family members of pedestrians killed in an accident in Virginia. Give us a call today to schedule your free initial consultation with a pedestrian accident attorney you can trust.
“We Get Justice For Injured People In Court, and We Love What We Do”
We are not settlement lawyers. Sharif Gray has proven that he can and will get results in court, and the insurance companies know that. If you have suffered injuries because of someone else’s negligence, we can help.
Sharif Gray is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents. In every case, he has three goals:
- Hold the responsible corporation or individual fully accountable.
- Make the community safer, so others are not also harmed.
- Compensation that recognizes the full and fair value of what was taken from your health and quality of life.
We love what we do, and we are proud of the positive impact we have had and will continue to have on the people we represent and the community we live in.
If we can be of help to you, please do not hesitate to call us at (804) 915-1611 or contact us online to schedule a free consultation. We will get justice for you.
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$10,000,000
Defendant, while racing on a residential road, crashed into an oncoming driver causing catastrophic injuries.
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$9,000,000
Defendant failed to properly secure a display at its store which led to it falling on a child causing life altering injuries.
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$1,500,000
Defendant failed to keep the entrance of its store safe for the public causing significant injuries.
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Frequently Asked Questions
For answers specific to your case, please call Sharif Gray with Broughton Injury Law at (804) 915-1611, schedule a free consultation, or click the button below to send him a message.
The statute of limitations is two years for most personal injury, medical malpractice, and wrongful death cases in Virginia.
For most cases, you must file a lawsuit within that time frame. But there are exceptions (e.g., for minors).
Most personal injury cases settle without having to go to trial, but it depends on a number of things such as the strength of evidence, how willing the insurance company is to negotiate in good faith, and the client’s goals.
Even when a settlement is likely, it is best to prepare for trial, because a trial-ready case often leads to better settlements. That is why we prepare every case for trial, even though most cases settle.
In Virginia, the jury considers the following factors when deciding the amount of a verdict:
(1) Any bodily injuries sustained and their effect on health according to their degree and probable duration;
(2) Any physical pain and mental anguish suffered in the past and any that may be reasonably expected to suffer in the future;
(3) Any disfigurement or deformity and any associated humiliation or embarrassment suffered in the past and any that may be reasonably expected to suffer in the future;
(4) Any inconvenience caused in the past and any that probably will be caused in the future;
(5) Any medical expenses incurred in the past and any that may be reasonably expected to occur in the future;
(6) Any earnings lost because of being unable to work at their calling;
(7) Any loss of earnings and lessening of earning capacity, or either, that may reasonably be expected to sustain in the future; and
(8) Any property damage sustained.
Virginia Model Jury Instruction No. 9.000: General Personal Injury and Property Damage
There is no cap on damages in most personal injury cases. But there is a cap on damages in medical malpractice cases.
There is also a cap on punitive damages.
Your personal injury lawyer should pursue the full and fair value of what was taken from your health and quality of life.
Sharif Gray at Broughton Injury Law has won millions of dollars in verdicts and settlements, and he is known for taking cases to trial.
Sharif is not a settlement lawyer. He is committed to trying cases well. Because of that, he does not handle hundreds of cases at a time. He is selective in the cases he takes so he can get justice for the people he represents.