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“They sent somebody to visit me in the hospital and get my side of the story (totally free). I was assigned Mr. Crawford and told that we had a case. Fast forward about 9 months later and I received literally 14x what the insurance company had offered me. This is after the lawyer and medical fees as well. So basically this was totally free and I barely had to do anything I am so glad I called Marks and Harrison and I will be recommending them to all of my family and friends.”— Robert Smith
The pedestrian injury attorneys Marks & Harrison have a long history of protecting the rights of pedestrian accident victims. We understand the severe physical and psychological injuries these accidents cause. We also know that driver negligence often is the reason behind these crashes.
If you are a pedestrian who was struck by a motorist, or if you have a loved one who was injured or killed in a pedestrian-car collision, contact us today for immediate help. If the motorist’s negligence caused the accident, you may be entitled to compensation for all of your losses.
The pedestrian injury lawyers of Marks & Harrison work with clients and their families in Richmond and throughout Virginia. To get started, just call or click here today.
What Should I Do If I Was Injured in a Virginia Pedestrian-Car Collision?
You took an important first step in your case by coming to our website for information. The next steps you take in your pedestrian accident case will be crucial as well. Without delay, you should:
- Get medical treatment. You must get checked for injuries – even if you are not sure you were hurt. Some symptoms can take days to surface. Go to the emergency room or see your family doctor as soon as possible.
- Report your accident to your insurer. Your auto insurance policy may require you to report an accident within a certain period after it happens. Make sure to report the accident. Give the basic facts but do not admit fault or assign blame. If the motorist’s insurer contacts you, simply decline to speak until you have talked with your lawyer first.
- Get a copy of the police report. Call the local law enforcement agency that prepared the report or go online to Virginia DMV to request a copy. A lawyer will use this report to start an investigation of your case.
- Collect everything in a file. Gather all medical bills and other accident-related receipts and store them in a folder. You should also collect your auto insurance policy, letters from the insurance company and any photos of the accident scene and/or your injuries.
- Contact us for a free consultation. Marks & Harrison will review your case for free. We can discuss your legal options and answer all of your questions. If we agree to work together, we will put our legal team on your case right away.
What Causes Pedestrian Injuries in Virginia?
The most recent Virginia Highway Safety Office (VHSO) statistics show that over the course of a single year:
- 90 pedestrians died in collisions with motor vehicles (12.9 percent of all traffic fatalities)
- 1,640 pedestrians suffered injuries in these crashes (2.6 percent of all traffic injuries).
As the VHSO figures show, most pedestrian-vehicle crashes occur at intersections and on roads without sidewalks. Clearly, despite efforts to improve pedestrian safety, the roads in Richmond and across Virginia remain dangerous for pedestrians. Too many drivers either do not know how to safely share the road with walkers or they simply refuse to do so.
How Can You Show Driver Negligence in Your Injury Case?
In your case, our goal will be to determine whether the motorist who struck you or your loved one was at fault, or negligent. Negligence may be established through evidence that the motorist failed to yield when you or your loved one had the right of way.
Under Virginia law, motorists must yield when they encounter pedestrians walking in a:
- Marked crosswalk
- An unmarked crosswalk at an intersection
- Any intersection where the speed limit is 35 mph or slower.
Additionally, motorists must stop and yield to pedestrians using the sidewalk when they enter or exit driveways or private roads. Motorists should also take reasonable steps to avoid striking pedestrians who are walking on the road where no sidewalks are available.
In your case, the evidence may show that the motorist failed to yield the right of way due to speeding, failure to keep a proper lookout, distracted driving, fatigued driving or driving while impaired by alcohol or drugs.
At Marks & Harrison, our investigators can review evidence that includes:
- Crash scene photos
- Eyewitness statements
- Surveillance camera or red light camera footage
- Electronic data recorder (EDR, or black box) information
- Cell phone records
- Toxicology test results.
What Can You Recover in a Pedestrian Injury Claim?
Pedestrians can suffer devastating and potentially fatal injuries when struck by cars, including:
- Facial cuts
- Friction burns
- Skull fractures
- Traumatic brain injury
- Broken ribs
- Punctured organs
- Spinal cord damage
- Post-traumatic stress disorder.
If a motorist’s negligence caused the accident that has impacted your life, we will seek full and fair compensation for you through the at-fault driver’s liability coverage, including recovery for:
- Past and future medical expenses
- Lost wages and diminished future income
- Pain and suffering.
We can also help you with filing a claim with your own insurer, if necessary. For instance, your injuries may be covered by your own uninsured motorist /underinsured motorist (UM/UIM) policy if the collision involved:
- A hit-and-run driver (common in pedestrian accidents)
- A driver without mandatory liability insurance
- A driver whose insurance fails to fully cover your losses.
We can pursue a settlement or take your case to court if the insurance company refuses to make a settlement offer that would justly compensate you.
Does It Matter If You Were Partially At Fault for Your Pedestrian Injury?
Virginia is one of the few places in the country that follows the doctrine of “pure contributory negligence.” Under this doctrine, if you are even 1 percent at fault for the injuries you suffer in a car-pedestrian collision, you could be barred from recovering anything.
For this reason, it is important to work with a law firm that knows how to counter an insurance company’s attempts to assign fault to you.
For instance, the insurance company may argue that you were struck while illegally crossing the road, playing in the street or walking while distracted by texting or talking on a cell phone.
At Marks & Harrison, we will thoroughly investigate your case and vigorously protect you against any insurance company attempts to blame you for your injuries.
Get Help from Our Richmond Pedestrian Injury Attorneys Today
As one of the largest personal injury law firms in Virginia, Marks & Harrison has the skill, experience, and resources you need if you have suffered pedestrian car accident injuries or after losing a loved one in such a crash.
Don’t wait to get started on your case. Contact us today or reach us online.
We can provide a free consultation at our office in Richmond, at any of our nine other offices located throughout Virginia or at a location that is most convenient for you and your family.