With historic, walkable neighborhoods and charming local downtown areas, many pedestrians enjoy walking around Northern Virginia. Unfortunately, fatal pedestrian accidents continue to increase. Negligent, intoxicated, and distracted drivers who strike pedestrians with their vehicles can cause pedestrian accidents, resulting in devastating, life-altering, and fatal injuries.
If you or a family member were hit by a car while walking in northern Virginia, you have the right to pursue financial damages from the driver who hit you. Pedestrian accident cases tend to cause serious injuries and result in substantial damages. When you work with the experienced Virginia pedestrian accident lawyers Surovell, Isaacs, & Levy, PLC, we will handle every aspect of your case and pursue the damages you deserve while you focus on your recovery.
Pedestrian Accidents Have Increased in Northern Virginia
According to a new study, bicyclist and pedestrian fatalities doubled in northern Virginia from 2023 to 2024. Fairfax County had the highest number of near-misses and fatal accidents, while Arlington County had the highest rate of fatalities per capita. Some of the reported pedestrian accidents were caused by people negligently crossing a street or intersection, but most were caused by speeding or distracted drivers who struck pedestrians.
Common Causes of Pedestrian Accidents
Pedestrian accidents are frequently caused by drivers’ negligence, such as failing to drive safely, following traffic signals, or deliberately breaking the law while driving. In Virginia, common causes of pedestrian accidents include violations such as running red lights or stop signs, making illegal turns, and speeding. These incidents can also result from distracted driving or operating a vehicle under the influence of alcohol or drugs. Additionally, pedestrian accidents can occur if pedestrians neglect their duty by not crossing streets at designated crosswalks.
Proving Liability After Being Injured in a Pedestrian Accident
Proving liability in a pedestrian accident lawsuit is a necessary step to obtain damages for your injuries. To prove the driver’s liability, you and your attorney will need to establish that the driver’s negligent actions or inaction directly caused the accident and your injuries. Successfully proving liability usually involves proving negligence or recklessness, such as speeding, drunk driving, distracted behavior, or the failure to follow traffic laws.
According to the doctrine of negligence per se, an act is considered negligent when it violates a statute or regulation designed to protect a specific class of individuals, such as pedestrians. When a driver violates traffic laws, such as running a red light or failing to yield to pedestrians, they can be held liable under this doctrine. Proving the driver violated a traffic law when they struck you can make it easier for you and your attorney to prove liability and seek compensation for your injuries.
Contributory Negligence in Virginia
Under the doctrine of contributory negligence, if a pedestrian is found to be even 1% at fault for the accident, they may be barred from recovering any damages from the at-fault driver. For example, suppose a pedestrian doesn’t cross the street in a designated crosswalk or is distracted with their phone while walking.
If a distracted driver strikes a pedestrian, the pedestrian’s negligence could jeopardize their ability to obtain compensation for their injuries. Virginia follows the doctrine of contributory negligence, so it is important for injury victims to begin working with an experienced attorney who can help prove liability as soon as possible after the accident.
The Importance of Gathering Evidence in a Pedestrian Accident Case
Evidence such as eyewitness accounts and traffic camera footage can significantly strengthen your case. A Virginia pedestrian accident lawyer can assist you in gathering the necessary evidence to establish the exact cause of your recent accident. Evidence may include witness statements, traffic camera footage, cell phone data, and vehicle computer records. Without clear proof of liability, it can be challenging to obtain damages, making it essential to work with an experienced attorney who can effectively build your case and advocate for your rights.
Types of Damages Available for Personal Injury Victims in Virginia
In Virginia, victims of pedestrian accidents can pursue various types of damages, including medical expenses for treatment and lost wages for time away from work. Victims can also pursue compensation for the pain and suffering they’ve endured from their injuries. If the accident results in the pedestrian’s death, the victim’s surviving family members can pursue a wrongful death lawsuit to recover funeral costs and loss of companionship.
After the accident, it’s crucial to undergo a comprehensive medical evaluation as soon as possible. Report all of your symptoms and keep a record of your pain levels, the days you miss from work, and all of your appointments. Be sure to attend all your doctor appointments and follow your doctor’s instructions. Taking these steps can help you prove your injuries’ severity when you seek compensation.
Understanding Your Legal Rights as a Pedestrian Accident Victim
As the victim of a pedestrian accident, you have legal rights. You have the right to hold the at-fault driver accountable for their negligent actions with an insurance claim or a personal injury lawsuit. However, you only have a limited amount of time to pursue compensation. You’ll need to file your claim before the statute of limitations expires.
Discussing your case with an experienced attorney who can guide you through the legal process can help you protect your legal rights. Your attorney can handle all communication and negotiation with the at-fault party’s insurance company. They can help you protect your legal right to pursue the compensation you deserve for the long-term impact the accident may have on your life.
Contact a Pedestrian Accident Attorney in Northern Virginia
The attorneys at Surovell, Isaacs, & Levy, PLC, have years of expertise in successfully representing injured clients in Northern Virginia. We have an in-depth understanding of the unique challenges of pedestrian accident cases and are committed to pursuing the maximum financial compensation possible for our clients. Contact Surovell, Isaacs, & Levy, PLC today to arrange a consultation with a Virginia pedestrian accident lawyer and discover how we can assist you.