
According to statistics provided by the Federal Highway Administration (FHWA), pedestrians account for almost 20 percent of all vehicle accident deaths, with approximately 8,000 victims killed each year. Another 80,000 victims are seriously injured.
Under Virginia law, victims of pedestrian accidents may be entitled to file for damages for the losses their injuries have caused them to suffer if another party caused the accident. If the victim died from their injuries, then their family may be able to pursue a wrongful death claim against the driver of the vehicle that struck them.
One of the key elements of a pedestrian accident case is proving who was at fault. In Virginia, a victim can only collect damages if the other party is 100 percent at fault for the accident. A Virginia Beach pedestrian accident lawyer from Shapiro, Washburn & Sharp can evaluate your case and determine who the liable parties are.
Who Is at Fault?
Even what appears to be a simple personal injury claim can quickly become a complex one. This is why many pedestrian accident victims seek the assistance of a personal injury lawyer who specializes in pedestrian accidents. A skilled attorney will know precisely how to investigate the accident and what type of evidence will help prove the driver’s culpability for the accident and resulting injuries.
An attorney who has extensive experience in pedestrian accidents will be well-versed in Virginia’s traffic laws, including the statute that specifically addresses the rights of pedestrians:
“A. The driver of any vehicle on a highway shall stop when any pedestrian crossing such highway is within the driver’s lane or within an adjacent lane and approaching the driver’s lane until such pedestrian has passed the lane in which the vehicle is stopped:
1. At any clearly marked crosswalk, whether at midblock or at the end of any block;
2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block; or
3. At any intersection when the driver is approaching on a highway where the speed limit is not more than 35 miles per hour.
B. When a vehicle is stopped pursuant to subsection A, the driver of any other vehicle approaching from an adjacent lane or from behind the stopped vehicle shall not overtake and pass such stopped vehicle.
C. Notwithstanding the provisions of subsection A, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.
No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.
Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.”
Traffic violations are among the most common factors that result in pedestrian accidents. When a driver ignores laws regarding crosswalks, intersections, rights of way, signs, or traffic signals, they can be found at fault for causing the victim’s injuries and liable for the losses the victim has suffered.
Drug and/or alcohol use is also another common – and deadly – pedestrian accident cause. Almost half of all pedestrian accidents where the victim is killed are alcohol-related.
To prove a driver’s fault in a pedestrian accident, a lawyer relies on various types of evidence to establish negligence or violation of traffic laws. Here’s a breakdown of the key evidence used:
Police Reports
The first source of evidence is the official police report, which provides an objective record of the accident. It includes crucial details such as the location, time, weather conditions, driver statements, and often the officer’s determination of fault.
Witness Testimony
Eyewitness accounts can be incredibly valuable in supporting the pedestrian’s version of events. Bystanders who observed the accident can help corroborate the pedestrian’s claims and disprove the driver’s version of the incident.
Traffic Camera and Surveillance Footage
Video evidence from nearby traffic cameras, store surveillance systems, or dashcams can provide a clear visual of the accident as it happened. This can offer insights into the driver’s speed, actions leading up to the crash, and whether traffic signals or crosswalk laws were violated.
Accident Scene Photos
Photographs of the accident scene, including the pedestrian’s position, vehicle damage, skid marks, and any relevant road conditions, can visually illustrate how the accident occurred. These images can help to clarify the context of the collision and establish liability.
Vehicle Damage Analysis
A forensic examination of the vehicle can determine if it was in proper working condition or if mechanical failure contributed to the accident. The location of impact on the vehicle (front, side, etc.) can also help to establish the driver’s actions and point of contact with the pedestrian.
Traffic Violations
Evidence of the driver’s traffic violations, such as speeding, failing to stop at a crosswalk, or distracted driving (e.g., using a phone), can significantly strengthen the case for fault. By compiling these types of evidence, a lawyer can build a compelling case showing that the driver was negligent, leading to the pedestrian’s injuries.
Have You Been Injured?
If you or a loved one has been injured in a pedestrian accident, you may be able to pursue compensation that will address your medical bills, lost income, pain and suffering, and more.
The pedestrian accident attorneys at Shapiro, Washburn & Sharp have been advocating for victims and their families for 40 years, using all available resources to successfully obtain the best possible outcome under the circumstances of the case. Our attorneys have built solid reputations as skilled negotiators who will not hesitate to pursue litigation if the insurance company fails to negotiate in good faith.
Some examples of how we have helped injured clients include:
- Recovery of $545,000 for two victims struck by a drunk driver
- A $227,000 settlement for a pedestrian crossing at a crosswalk
- A $100,000 settlement for a pedestrian hit by a distracted driver
Contact our office today at (833) 997-1774 or online for a free and confidential consultation and to learn how our legal team can help you get the financial compensation you deserve.
For your convenience, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.