What Happens If I Am Hit by a Car While Walking in Virginia?

If you’re hit by a car while walking in Virginia, find a safe area and call 911. If you’re able, take photos and videos of the accident scene, and then seek immediate medical attention, even if you feel okay. This will ensure your safety and provide key evidence should you pursue a personal injury claim. 

Knowing what to do (and what NOT to do) after a pedestrian accident can save lives. It can also protect your rights should you pursue a personal injury claim.

What Are Virginia’s Laws Regarding Pedestrians?

Virginia pedestrian laws appear in Va. Code §§ 46.2-923 through 46.2-935. These laws assign duties to both drivers and pedestrians to prevent collisions and clarify who may be held responsible in the event of an accident. Some of the key laws to understand include:

• § 46.2-923. How and where pedestrians are to cross highways: Pedestrians must cross only at intersections or marked crosswalks whenever possible.
• § 46.2-924. Drivers to stop for pedestrians: Drivers must yield to pedestrians in clearly marked crosswalks.
• § 46.2-924(D). Drivers to obey pedestrian signals: Certain cities have the legal right to erect highway signs at marked crosswalks that require drivers to yield the right-of-way or stop for pedestrians crossing the highway.
• § 46.2-926. Pedestrians stepping into the highway where they cannot be seen: Pedestrians should never suddenly step out into traffic.

Failing to follow traffic laws or right-of-way rules can cause pedestrian accidents and severe injuries. It can also make the driver responsible for the victim’s damages. Contact our Roanoke pedestrian injury attorney today.

What Steps Should I Take at the Accident Scene?

Your actions directly after a pedestrian accident can heavily impact the outcome of your case. Here’s what to do:

• Move to a Safe Location: It’s not uncommon for a single accident to lead to multiple accidents. If possible, get out of traffic and to a safe location to avoid inattentive or reckless drivers.

• Call the Police: Law enforcement will create a formal report documenting the accident and providing your attorney with a strong foundation to begin building your pedestrian accident claim.

• Get Information at the Scene: Collect the driver’s information, including their name, contact information, driver’s license and plate number, and insurance info. Ask witnesses for their names and phone numbers so that your lawyer can contact them to obtain witness statements later.
• Take Photos: Document the accident scene by taking photos (or video) of vehicle positions, skid marks, accident debris, traffic signs and signals, road and weather conditions, and visible injuries. Note the time, location, and other relevant details.

After you’ve reported the accident, documented the accident scene, and gathered all relevant contact information, take the following steps:

• Obtain Medical Treatment: Even if you feel okay, it’s essential to see a healthcare professional to protect your health and create critical documentation for your pedestrian accident lawsuit or claim.

• Keep an Organized File: Hold on to all medical records, prescriptions, bills, receipts, evidence of lost income, and other relevant documents.
• Consult a Lawyer: An experienced Virginia pedestrian accident lawyer can protect your rights and help you build a compelling case for maximum compensation. Contact our legal team as soon as you’re able.

What Are Things You Should NOT Do at the Accident Scene?

Your words and actions can also harm your insurance claim if you’re not careful. Here are some critical tips:

• Do NOT apologize or admit liability.
• Do NOT say “I’m fine.”
• Do NOT leave without gathering all the information you can.
• Do NOT sign anything from the insurance company.

You do not have the information necessary to determine fault or assess the impact of your injuries directly after an accident. Therefore, injured pedestrians should never accept any blame and should always contact a pedestrian accident attorney before signing any documents.

Will the Driver Always Be Held At Fault for Hitting a Pedestrian?

Many assume that the person who was hit by a car never bears responsibility in a pedestrian accident. While the driver is often found liable in many pedestrian accidents, there are some exceptions, including when the pedestrian:

• Crosses outside a crosswalk
• Darts into the road suddenly
• Crosses against a traffic signal

It’s important not to make assumptions about fault in a pedestrian accident. Let a seasoned attorney determine whether you have a valid claim by discussing your case with you and reviewing any evidence you might have.

What Evidence Can Be Used to Prove the Driver is Responsible?

Strong evidence makes for a strong claim. Your attorney will gather proof from several sources to establish fault. That proof may include:

• Police reports
• Accident photos
• Witness interviews
• Surveillance or dashcam video footage
• Medical and financial records
• Analysis by accident reconstruction experts

Can I Receive Compensation for My Injuries?

Pedestrian accidents frequently result in serious injuries and significant physical, emotional, and financial distress for the victim. Compensation in these cases seeks to account for these losses. It may include:

Economic Damages

This compensation covers measurable financial losses related to your pedestrian injuries, like:

• Current and future medical expenses
• Lost wages and diminished earning capacity
• Property damage

Non-Economic Damages

This compensation covers the impact your injuries have had on your life. It can include:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life

Because Virginia follows a contributory negligence system, anyone who bears even one percent of the blame for the accident will be unable to recover compensation. This strict rule makes skilled legal representation essential.

How Long Do I Have to File an Accident Lawsuit in Virginia?

Under Virginia law, you typically have two years from the date of the accident to file a personal injury lawsuit. Missing this deadline can mean losing your right to recover compensation. If you want to avoid severely limiting your legal options, speak with an attorney right away.

How Can a Virginia Pedestrian Lawyer Near Me Help Me with My Case?

Seasoned legal counsel can make all the difference when pursuing a personal injury claim. Your attorney can help by:

• Reviewing your case for free
• Investigating the accident and gathering evidence
• Calculating your maximum compensation
• Dealing with insurers
• Negotiating for a fair settlement
• Representing you in court, if no settlement can be reached

Insurance adjusters are trained to weaken your claim and minimize your payout. By having a skilled attorney working on your case, you level the playing field against them.

Contact a Virginia Pedestrian Accident Lawyer

The team at Lichtenstein Law Group PLC has over 100 years of combined experience protecting the rights of injured Virginians. If someone else’s careless or reckless behavior has turned your life upside down, we will fight to hold them accountable and recover the compensation you deserve. Contact us today for your free consultation.