Every year, thousands of pedestrians are struck by vehicles, often with devastating consequences. In 2023 alone, drivers killed 7,318 pedestrians in the United States, according to a report from the Governors Highway Safety Association. That’s a staggering 14.1% increase over pre-pandemic levels.
If you’re a pedestrian hit by a car, the aftermath can leave you feeling overwhelmed and unsure of what to do next. The shock of the accident is compounded by the pain, mounting medical bills, and the pressure to get back to normal.
But before you speak to insurance companies or consider settling, there’s something you need to know: you have legal rights that could make all the difference in your recovery. Understanding your options and getting the right legal support could mean the difference between a low settlement and securing the compensation you truly deserve. Read on to find out what steps to take next and how a pedestrian accident lawyer can help protect your future.
Immediate Steps After a Pedestrian Accident
After you’re hit by a car, the first thing you need to do is get medical attention. This is non-negotiable, even if you feel fine in the moment.
Some injuries, especially internal ones or head trauma, may not show immediate symptoms. A doctor’s visit protects your health and creates a medical record, which can be essential if you pursue legal action.
Once you’re safe, it’s important to report the accident to the police. In Virginia, an official police report can play a crucial role in determining fault and documenting the details of the incident. The report will include vital information like witness statements, which can support your case later.
If you are able, gather evidence yourself. Take photos of:
- The scene
- Your injuries
- The vehicle that hit you
Collect contact details from witnesses and exchange information with the driver involved.
However, it’s important not to discuss fault with the driver or their insurance company. Insurance companies can use anything you say against you later. They’re skilled at reducing payouts and may try to get you to admit even partial fault.
Understanding Liability in Pedestrian Accidents
When a pedestrian is hit by a car in Virginia, determining liability can be complex. Virginia follows contributory negligence laws, which means if you, as the pedestrian, are found even 1% at fault for the accident, you could be barred from receiving any compensation. This strict rule makes it incredibly important to prove that the driver was completely at fault.
Common situations where the driver is held liable include:
- Distracted driving
- Speeding
- Failing to yield to pedestrians in a crosswalk
Virginia car accident laws are clear: drivers have a legal obligation to watch out for pedestrians, especially in areas marked for pedestrian crossings. If the driver was texting, speeding, or ignoring traffic signals, they would typically be considered at fault for the accident.
On the other hand, pedestrians can also share liability. You could be found partially responsible for the accident if you were:
- Jaywalking
- Crossing against a light
- Stepping into the street unexpectedly
Legal Rights and Compensation Available to Pedestrians
Pedestrians struck by a car have several legal rights. These rights allow you to seek compensation for medical expenses, lost wages, pain and suffering, and any other losses you may face due to the accident.
Compensation for pedestrian injuries typically covers:
- Hospital bills
- Rehabilitation costs
- Ongoing medical care
If your injuries prevent you from working, you can also claim lost wages.
In some cases, you may be covered under personal injury protection (PIP) insurance or the driver’s uninsured motorist coverage, depending on the circumstances of the accident. PIP coverage can help cover medical expenses regardless of fault, but it may not fully compensate you for your losses. Filing a claim with the driver’s insurance company is a more common path to seek full compensation.
However, this process is rarely straightforward. Insurance companies may delay, offer low settlements, or outright deny your claim. They are more concerned with their bottom line than with your recovery.
This is why understanding your legal rights for pedestrians is critical. If the accident resulted in a fatality, the victim’s family might be able to file a wrongful death claim to seek compensation for:
- Funeral costs
- Loss of companionship
- Other damages
Statute of Limitations in Virginia for Pedestrian Accidents
Virginia sets a statute of limitations on personal injury claims, including those involving pedestrian accidents. You typically have two years from the date of the accident to file a personal injury claim. Missing this deadline could mean losing your right to pursue compensation entirely.
Taking action within this timeframe not only preserves your rights but also helps ensure that evidence remains fresh and witnesses are easier to locate.
The Role of a Virginia Personal Injury Attorney
A personal injury attorney plays a crucial role in pedestrian accident cases. They handle negotiations with the insurance company to ensure you receive a fair settlement. Insurance adjusters often try to get victims to accept low offers, but an attorney understands the true value of your case and will fight for full compensation.
Additionally, an attorney will help you avoid pitfalls that could harm your claim. For example, without legal guidance, you might sign documents or make statements that unintentionally waive your rights to future compensation. Attorneys prevent this from happening by managing all communications with the insurance company on your behalf.
Beyond the negotiation process, an attorney is essential in proving fault. They will:
- Gather evidence
- Work with accident reconstruction experts if necessary
- Ensure that the driver’s liability is clearly established
Pedestrian Hit by a Car? Get the Compensation You Deserve
Whether you’re facing medical bills, lost wages, or emotional trauma, getting the right legal support is crucial after being a pedestrian hit by a car. This article has explained your legal rights, how to navigate Virginia personal injury claims, and how an attorney can help secure compensation for pedestrian injuries.
At Kearney, Freeman, Fogarty & Joshi, PLLC, we offer something other law firms don’t: decades of experience working both for and against insurance companies. This gives us unique insight into how to get our clients the best possible outcomes.
If you’ve been injured, contact us today for a free consultation, and let us fight for the justice and compensation you deserve.
