The intersection of Centreville Road and McNair Farms Drive in Herndon, Va., was the scene of a serious pedestrian accident Tuesday afternoon. A 52-year-old woman and her two children – an 11-year-old daughter and 14-year-old son – were struck by a 2008 Toyota Highlander that was attempting to turn right on a red light.
All three victims were transported to the hospital. Police said all three of the victims suffered non-life-threatening injuries. Initially it was reported that the mother’s injuries were life-threatening, but a later announcement said she was expected to survive.
Fairfax County Police Department are investigating the accident and have said it does not appear that either speed or alcohol was involved. They have not said yet whether charges will be filed against the 20-year-old female driver.
Regardless of whether the police file charges against the driver, the three victims in this case should still contact a Virginia car accident attorney to discuss filing injury claims against her. Turning on a red light indicates she did not have the right of way and therefore should have waited for the three victims to cross the street.
Another indicator of the right-of-way for the victims is whether there was a crosswalk at the accident scene. Accident photos indicate there is a crosswalk. Under Virginia law, vehicle drivers must yield to pedestrians who are crossing a street within a clearly marked crosswalk. Drivers are also required to yield for pedestrians crossing at an unmarked intersection at the end of a street block.
Because there are some exceptions to the law, as well as other legal nuances involved in a personal injury lawsuit, it is imperative that pedestrian accident victims retain a skilled Virginia personal injury attorney to represent them against the negligent driver and the driver’s insurance company. Our Va. accident attorneys have successfully represented many victims of pedestrian accidents and understand how serious the impact of these injuries can be in a victim’s life.