What Compensation Can I Recover After a Pedestrian Accident in Virginia Beach?
The following types of compensation are often available after a pedestrian accident in Virginia Beach.
Economic Damages
Compensation intended to reimburse pedestrian injury victims for their financial losses and help put them back into the financial position they were in before the accident:
- Medical Bills: Compensation for any medical bills related to the accident and any future treatment you may need—for example, emergency services, surgeries, hospitalizations, doctor visits, prescription medications, physical and rehabilitative therapy, in-home care, adaptive medical equipment, etc.
- Lost Wages: Current and future lost income and benefits due to your injuries. If you suffer a permanent disability, you may be able to claim diminished earning capacity if you cannot earn the same level of income as before the accident.
- Property Damage: If any of your personal property was damaged by the accident, you are entitled to compensation for its repair or replacement (e.g., cell phone, laptop, purse, backpack, clothing, etc.).
Non-Economic Damages
Compensation for your intangible, subjective losses:
- Pain and Suffering: Compensation for the physical pain you have and continue to endure due to your injuries, as well as any emotional distress—for instance, depression, anxiety, insomnia, loss of enjoyment of life, PTSD, etc. caused by the accident and your injuries.
- Loss of Consortium: When a pedestrian accident victim suffers a life-changing injury, their spouse may be able to pursue compensation for the loss of companionship, sexual relations, support, guidance, and services.
Punitive damages are another type of compensation possibly available, but they are reserved for pedestrian crosswalk accident cases involving a defendant (at-fault party) who caused intentional harm or acted with a complete and reckless disregard for the safety of others.
What to Do if You Are Injured in a Pedestrian Accident
The steps you make immediately after a crosswalk accident are critical to your health and claim for compensation.
Notify the Police
Call 911 and report the accident. If you do not require emergency medical care, still notify law enforcement. A police officer will create an accident report containing facts and details, such as contact information for the parties involved and any witnesses, the extent of property damage and injuries, and their impression of how the accident happened and who was at fault. This report can significantly influence an insurance adjuster’s decision on liability.
Seek Medical Attention
See a doctor as soon as possible if you are not taken to the hospital. Severe injuries can have delayed symptoms, and medical documentation must link your injuries and any potential harm to the crosswalk accident. In addition, continue any follow-up treatment advised by your physician. If you fail to do so, an insurance adjuster can argue that a gap in your medical treatment means your injuries are not severe or were not caused by the crosswalk accident.
Document the Scene
If you can remain at the accident scene, document as much as possible by taking photos or videos of the following:
- The entire scene, including the surrounding area and any property damage.
- The position of the vehicle involved.
- The point of impact where the car hit you.
- Your injuries.
- Any skid marks or other markings on the road.
- Street signs and traffic signals.
- Any apparent hazards, such as improper signage, or faded road or crosswalk lines.
Ask any witnesses for their contact information and if they will make a brief recorded statement on your phone.
Speak to a Pedestrian Crosswalk Injury Lawyer
Before speaking to an insurance company, consult a Virginia Beach Pedestrian Crosswalk Accident Attorney. Insurance adjusters can seem friendly, but they may try to take advantage of you by offering a quick settlement upfront or getting you to unintentionally admit fault. An attorney can advise you on the best course of action and protect your right to full compensation.
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