Although traffic laws in Virginia are designed to help protect pedestrians, people are still injured by motor vehicles at an alarming rate. A pedestrian can suffer devastating, life-altering injuries when hit by a motor vehicle. If you have been hurt by a reckless driver, you should not have to bear the financial burdens of medical bills and lost wages on your own. A Virginia pedestrian accident lawyer from Arrington Schelin can help you demand justice and fair compensation for your losses.
Our firm has a longstanding reputation for representing victims of motor vehicle accidents. For more than four decades, we have been holding negligent drivers and big-name insurance companies accountable. We are dedicated to helping you make a full recovery after a pedestrian accident, including by pursuing all available options for compensation and connecting you with the medical care you need.
Call us today for a free initial case evaluation with a Virginia pedestrian accident lawyer. There is no fee unless we recover compensation in your case.
Do You Have a Pedestrian Accident Claim?
You may have a pedestrian accident claim if you were struck and injured by a vehicle while on a sidewalk, at a crosswalk, in a parking lot, or in other areas that should be safe for people walking. Through a claim, you may be entitled to financial compensation for your injuries and resulting losses.
The best way to know if you have a claim is to speak with a pedestrian accident lawyer in a free case review. At Arrington Schelin, we can go over the details of your case and answer all your questions, with no obligation to you.
Benefits of Hiring Our Virginia Pedestrian Accident Lawyers
Your time and energy should be focused on your medical treatment and your physical, mental, and emotional recovery after a pedestrian accident, not on pursuing a potentially complex legal claim. The Virginia pedestrian accident lawyers of Arrington Schelin are here to shoulder that burden on your behalf. We can handle all the legal aspects of seeking compensation, including:
- Investigating the accident to secure all available evidence, then reviewing that evidence to determine how the accident occurred and who can be held liable for your injuries
- Identifying insurance coverages and other potential sources of compensation
- Documenting your losses to ensure we are pursuing full compensation for everything you have suffered
- Filing your claims with the insurance companies and at-fault parties
- Aggressively pursuing maximum financial recovery through a negotiated settlement
- Preparing your case to go to court if necessary, and pursuing litigation when a fair settlement cannot be reached with the other side
Compensation You Can Recover After a Pedestrian Accident
If you were injured in a pedestrian accident, you may be entitled to recover compensation from a negligent driver or party for your losses, including:
- Costs of medical treatment of your injuries, such as ER visits, surgeries, prescriptions, doctors’ appointments, and physical/occupational therapy
- Costs of home health services or long-term care if you suffered permanent disabilities due to the accident
- Lost income from missed work while recovering from your injuries
- Lost future earning capacity when disabilities render you unable to go back to work
- Pain and suffering
- Loss of enjoyment or quality of life
Do not trust an insurance adjuster to fairly evaluate your claim. You need an attorney on your side who is looking out for your best interests, not working for the insurance company.
How Long Do You Have to File a Pedestrian Accident Lawsuit in Virginia?
The Virginia statute of limitations on pedestrian accidents gives you only two years to file a personal injury lawsuit against a negligent driver or other liable parties. If you wait until the statute of limitations expires, the court will likely permanently dismiss your lawsuit. This means you would lose the legal right to claim financial recovery from those who caused your injuries.
How Your Insurance Could Affect Your Pedestrian Accident Case
If you have been injured in a pedestrian accident, your own auto insurance policy can help provide you with financial resources to treat and recover from your injuries. First, if you have purchased Medical Payments (or “Med Pay”) coverage via your auto insurance policy, you can file a claim against that coverage following a pedestrian accident. Med Pay provides compensation for medical expenses, regardless of who was at fault for a motor vehicle-related accident, so you can immediately access that coverage.
Additionally, if you have uninsured motorist coverage, you may also be entitled to file a claim against that coverage if you were hit by a driver who doesn’t have the liability coverage required by Virginia law or if you were struck by a hit-and-run driver who cannot be identified. With uninsured motorist coverage, your insurance company effectively becomes the insurance the at-fault driver should have had.
Common Injuries in Pedestrian Accident Cases
In a collision with a motor vehicle, a pedestrian has little to no protection. Consequently, these accidents can inflict serious injuries on pedestrians, including:
- Broken bones
- Dislocated joints
- Ligament, tendon, and muscle injuries
- Spinal disc injuries
- Spinal cord injuries and paralysis
- Internal injuries and bleeding
- Crush injuries
- Head and facial injuries
- Traumatic brain injuries
- Traumatic amputations
- Lacerations, bruising, and abrasions
- Road rash
Common Causes of Pedestrian Accidents
Frequent causes of pedestrian accidents in Virginia include:
- Speeding
- Reckless driving
- Aggressive driving/road rage
- Distracted driving
- Drowsy or fatigued driving
- Drunk or drugged driving
- Running red lights or stop signs
- Failure to yield to pedestrians in the intersection or crosswalk
- Inexperienced drivers
- Poor visibility due to adverse weather or low lighting
- Poor road design, including lack of passable sidewalks for pedestrians
Pedestrian Accident FAQs
When you have been hit by a car, you should get the contact and insurance information of the driver who hit you. Also take photos or videos to document the accident scene. Seek prompt medical attention and follow all treatment instructions. Keep records to document your expenses and personal losses.
Pedestrians have the right of way over vehicles under various situations, including when a pedestrian is crossing at an intersection or marked crosswalk. However, under certain circumstances, a pedestrian is obligated to yield the right of way to vehicles, including when crossing outside of an intersection or marked crosswalk. If a pedestrian wishes to cross a roadway in the middle of a street, they must yield to approaching vehicles before crossing. Even in crosswalks or intersections, pedestrians are obligated to yield the right of way when facing a “Don’t Walk” or other warning sign or light.
A pedestrian can be found partially or even entirely at fault for being hit by a vehicle. Although the laws in Virginia are designed to protect pedestrians, they do impose certain requirements and obligations on them. This includes the obligation to cross only at intersections and marked crosswalks wherever possible, stay off the roadways unless they lack usable sidewalks, and remain on the shoulder or extreme left if they must walk on a roadway. Pedestrians are not typically at fault if they abide by these and other relevant rules.
If you were hit by a hit-and-run driver, you may still have options for seeking compensation even if you ultimately cannot locate the driver to pursue a claim against them. If you have your own auto insurance policy, you may start by filing a claim for Med Pay coverage. You may also be entitled to recover the full extent of your expenses and losses if you have uninsured motorist coverage as part of your auto policy. (Hit-and-run drivers who cannot be identified are considered uninsured drivers.)
Most personal injury lawyers represent injured victims on a contingency-fee basis. In this arrangement, a client does not have to pay money upfront to hire an attorney. Instead, the attorney is only paid when they win compensation for their client in a settlement or at trial. The attorney gets paid a previously agreed-upon percentage of the total financial recovery.
Talk to a Trusted Virginia Pedestrian Accident Lawyer Now
Don’t wait another day to start fighting for the compensation you deserve after a pedestrian accident. Reach out online or call Arrington Schelin today for a free, no-obligation case review with a Virginia pedestrian accident lawyer. We represent pedestrian accident victims in Bristol, Marion, Norton, Abingdon, Tazewell, Wise, Lebanon, Grundy, and throughout Southwest Virginia and East Tennessee. We look forward to helping you.
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