Virginia Pedestrian Accident Attorney

Helping Injured Pedestrians in Virginia

Pedestrian accidents can result in life-altering injuries, leaving victims with physical, emotional, and financial burdens. If you or a loved one has been involved in a pedestrian accident in Virginia, you need a dedicated and experienced legal team to help you navigate the complexities of your case. 

At Rowe Weinstein & Sohn, our Virginia pedestrian accident attorneys are committed to ensuring that you receive the compensation you deserve. We understand the challenges that victims face and are here to support you inside and outside the courtroom.

 Our firm prioritizes a comprehensive approach, addressing immediate concerns while preparing for long-term impacts. From medical expenses and loss of income to emotional trauma, we comprehensively document damages to build a strong foundation for your claim. Our attorneys maintain regular communication, ensuring clients are informed and empowered throughout the legal process.

To request a free case review, call (571) 486-4798 or contact us online today.

Unerstanding Virginia Pedestrian Laws

Pedestrian accidents, unfortunately, are more common than most people realize. According to national safety data, thousands of pedestrians are injured each year in vehicular accidents. Understanding Virginia's pedestrian laws is crucial for both pedestrians and drivers. These laws are designed to protect pedestrians and ensure that drivers operate their vehicles safely and responsibly.

In Virginia, pedestrians have the right of way in crosswalks, whether marked or unmarked. Drivers are required to yield to pedestrians crossing the street at intersections or designated crosswalks. However, pedestrians also have a duty to exercise caution. For instance, they should not suddenly leave a curb or other safe place and walk or run into the path of a vehicle that is too close to stop. Additionally, pedestrians must obey traffic signals and use pedestrian bridges or tunnels where available.

Virginia law prohibits pedestrians from walking on roadways when sidewalks are available (Section 46.2-928 of the Code of Virginia). If there are no sidewalks, pedestrians must walk on the left side of the road or shoulder facing traffic. Violations of these laws can lead to citations and can also impact a pedestrian’s ability to recover damages in the event of an accident.

For drivers, Virginia law mandates strict adherence to posted speed limits, especially in pedestrian-heavy zones such as school areas and neighborhoods. Failing to adhere to these laws not only endangers pedestrians but also imposes severe legal penalties on drivers. Understanding these legal nuances is integral to defending pedestrian rights and promoting safer public spaces. Community awareness programs and law enforcement initiatives continue to emphasize the importance of pedestrian safety to prevent these unfortunate incidents.

Common Causes of Pedestrian Accidents in Virginia

Pedestrian accidents can occur in the following situations, often due to the negligence of drivers or other parties:

• Distracted Driving: One of the leading causes of pedestrian accidents is distracted driving. Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice pedestrians, especially in busy urban areas or residential neighborhoods.
• Speeding: Excessive speed reduces a driver's reaction time and increases the severity of an accident. Speeding in areas with high pedestrian traffic, such as school zones, can have devastating consequences.
• Failure to Yield: Many pedestrian accidents occur when drivers fail to yield the right of way to pedestrians at crosswalks or intersections. This is especially dangerous when turning at intersections or entering/exiting parking lots.
• Driving Under the Influence: Drivers under the influence of alcohol or drugs pose a significant risk to pedestrians. Impaired drivers have reduced reaction times and impaired judgment, making them more likely to cause accidents.
• Poor Visibility: Accidents often occur at night or in poor weather conditions when visibility is reduced. Drivers may struggle to see pedestrians in dark clothing or in poorly lit areas, increasing the risk of accidents.
• Jaywalking: While drivers are often at fault, pedestrians can also contribute to accidents by crossing streets outside of crosswalks or disregarding traffic signals.

In addition to these causes, a lack of driver awareness and education on pedestrian rights greatly affects accident rates. Places like busy intersections and entertainment districts often see higher incidents due to the volume of traffic and distraction levels. 

Who Is Liable for a Pedestrian Accident in Virginia?

The potentially liable parties involved in a pedestrian accident generally include:

• Drivers: In many cases, drivers are found liable for pedestrian accidents. If a driver was speeding, distracted, or impaired at the time of the accident, they might be held responsible for the injuries sustained by the pedestrian.
• Pedestrians: While pedestrians generally have the right of way, they can still be found partially or fully liable if they were jaywalking, crossing against a signal, or otherwise acting recklessly. Virginia follows the doctrine of contributory negligence, meaning that if a pedestrian is found to be even 1% at fault, they may be barred from recovering damages.
• Government Entities: In some cases, poorly maintained roads, defective traffic signals, or inadequate signage can contribute to pedestrian accidents. In such instances, the government entity responsible for road maintenance may be held liable. However, claims against government entities are subject to strict notice requirements and limitations.
• Third Parties: Other parties, such as employers (if the driver was on the job) or manufacturers (if a vehicle defect contributed to the accident), may also be liable.

Liability determination in pedestrian accidents can often involve complex legal procedures requiring meticulous investigation and legal acumen. Factors such as road conditions, traffic signage, and lighting at the accident scene play a critical role in establishing liability. Comprehensive gathering of evidence, including witness statements, traffic camera footage, and expert testimony, is crucial for substantiating claims and ensuring that accountable parties are held responsible.

Our legal team works diligently to unravel these complexities, ensuring that clients receive fair evaluations and accurate assessments. By coordinating with accident reconstruction specialists and leveraging technological advancements in evidence collection, we enhance the chances of a successful outcome for our clients.

What to Do After a Pedestrian Accident in Virginia

If you are involved in a pedestrian accident, the steps you take immediately afterward can significantly impact your ability to recover compensation.

1. Seek Medical Attention: Your health and safety should be your top priority. Even if you feel fine, it's important to see a doctor as some injuries may not be immediately apparent.
2. Call the Police: Report the accident to the police and ensure that a report is filed. This report can be crucial evidence in your claim.
3. Gather Evidence: If possible, gather evidence at the scene. Take photos of the accident scene, your injuries, and any property damage. Get the contact information of any witnesses.
4. Do Not Admit Fault: Be cautious in your interactions with the driver, police, and insurance companies. Do not admit fault or make any statements that could be used against you later.
5. Contact a Pedestrian Accident Lawyer in Virginia: The sooner you contact a lawyer, the better your chances of a successful claim. An experienced attorney can help you navigate the legal process, gather evidence, and negotiate with insurance companies on your behalf.

At Rowe Weinstein & Sohn, we understand the devastating impact a pedestrian accident can have on your life. Our Virginia pedestrian accident attorneys have extensive experience handling these types of cases and are committed to fighting for the justice you deserve. We offer personalized legal services, taking the time to understand your unique situation and developing a strategy tailored to your needs.

Contact us today at (571) 486-4798 for a free consultation. Let us help you take the first step toward recovery and justice.