Understanding Your Rights and Legal Options
Pedestrian involved car accidents in Virginia are unfortunately all too common and can leave victims with severe injuries and financial losses. If you have been involved in a car accident as a pedestrian and were not at fault, it is essential to understand your legal rights and options for pursuing compensation. The Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp are here to help, providing compassionate guidance and skilled representation to pedestrian accident victims throughout the state.
Pedestrian Accidents in Virginia
A pedestrian involved car accident in Virginia can occur in various situations, from busy intersections to quiet residential streets. In many cases, these accidents result from the negligence or recklessness of drivers who fail to yield to pedestrians or otherwise obey traffic laws. Under Virginia law, pedestrians have the right of way at crosswalks and intersections, and drivers must exercise reasonable care to avoid causing harm to pedestrians. If a driver fails to fulfill this duty of care and injures a pedestrian, as a result, they may be held liable for the pedestrian’s injuries and other damages.
Common causes of pedestrian accidents include:
- Distracted driving, such as texting or using a cell phone while behind the wheel
- Drunk or impaired driving can impair a driver’s ability to perceive and react to pedestrians.
- Speeding or aggressive driving can make stopping in time to avoid a collision difficult.
- Failing to yield to pedestrians, particularly at crosswalks and intersections.
- Failing to follow traffic signals, such as red lights or stop signs.
- Poor road conditions, such as inadequate lighting or poorly maintained sidewalks
Need help with a pedestrian accident?
If you are an injured accident victim in Virginia, taking immediate action to protect your legal rights is vital. Seeking medical attention for your injuries, reporting the accident to the police, and consulting with an experienced personal injury attorney are steps to protecting yourself.
Your Duties as a Pedestrian
When you are a pedestrian, in many situations, you have the right of way, but to legally hold the right of way, you must follow various Virginia statutory duties such as:
- A pedestrian crossing a highway has to cross by the most direct route and the duty to use ordinary care in crossing.
- A pedestrian walking along the hard surface of a highway must keep a lookout for motor vehicles and be walking against traffic (facing traffic) rather than walking with traffic.
- Pedestrians crossing a highway must step from their course into a place of safety if it reasonably appears that they are in danger of being struck by a motor vehicle.
- Pedestrians may cross directly between intersections, even if there is no painted crosswalk, and may cross between intersections if there are no crosswalks on either of the nearest corners meaning that jaywalking is not prohibited but only if there’s not a crosswalk on either end of the closest intersecting streets.
- Pedestrians must always use caution when crossing an intersection.
- Pedestrians crossing at painted-marked crosswalks across 35-mile-per-hour roads or less speed limit roads usually have the right of way.
- If electronic pedestrian controls are located at a crosswalk, the pedestrians must only walk when the electronic control provides the walk signal. The pedestrian may continue across such a crosswalk if it changes so long as they continue crossing as quickly as possible and not dangerously close to visible oncoming traffic.
Your Rights as a Pedestrian Accident Victim
As a pedestrian involved in an accident in Virginia, you have legal rights and options for pursuing compensation for your injuries and other damages where you have been injured due to another driver’s negligence. Some of the most common types of damages in pedestrian accident cases include:
- Medical costs include hospital stays, doctor visits, and rehabilitation charges.
- Lost wages and earning capacity if your injuries prevent you from working or earning the same income as before the accident.
- Pain and suffering, including physical pain, loss of enjoyment of life, and emotional distress
- Property damage if your personal belongings were damaged or destroyed in the accident.
- Punitive damages are awarded in cases involving the driver’s, particularly egregious or reckless behavior.
This process may involve gathering evidence such as witness statements, police reports, and medical records and consulting with experts such as a personal injury attorney.
Working with an Experienced Personal Injury Attorney in Virginia
Working with an experienced personal injury attorney who understands the legal system and can help you navigate it is crucial. An attorney can help you understand your legal rights and options, negotiate with insurance companies and other parties involved in the case, and build a strong compensation claim.
Some of the most important factors to consider when choosing a personal injury attorney include:
- Experience handling pedestrian accident cases, specifically
- A track record of successful results for clients
- A commitment to personalized, compassionate representation
- A willingness to take your case to trial if necessary.
- A focus on maximizing your compensation and minimizing your financial losses
The Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp proudly offer all these qualities and more to our pedestrian accident clients. We believe in fighting for the rights of accident victims. In any personal injury case, time is of the essence, as there are strict deadlines for filing claims and taking legal action. If you need help with a pedestrian car accident, do not hesitate to call the Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp at (833) 997-1774 or via the contact page on our website for a free consultation. We are here to help and will fight tirelessly to protect your rights and secure the compensation you deserve.
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