Pedestrian Accidents in Fairfax are Rarely “Simple.”
Even when a driver hits you in a crosswalk, insurance companies often try to shift blame to the pedestrian — claiming you stepped out too early, weren’t visible, or should have avoided the impact.
In Virginia, that matters. If they can pin even 1% of fault on you, they will argue you recover nothing.
At MartinWren, P.C., our Fairfax pedestrian accident lawyers focus on serious injury cases where fault is disputed and contributory negligence defenses are aggressively raised.
Set up a free consultation with our Fairfax personal injury lawyer now. Our team has helped clients rebuild their lives since our founding in 2009.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Why Fairfax Pedestrian Accidents Are Especially Dangerous
Fairfax County combines dense commuter traffic, wide multi-lane roads, high-speed arterials, and heavy pedestrian activity near shopping centers, schools, and Metro stations.
Areas around Tysons, Route 50, Route 7, and major intersections present particular risks for pedestrians — especially during early morning and evening hours when visibility is reduced.
Why Pedestrian Accidents Happen
Pedestrians often have the right of way, meaning that if a driver can stop or avoid the person, they should do so. There are some situations where a pedestrian may be at fault, especially if they suddenly run out into the middle of the road. Most pedestrian accidents do not occur for that reason, though. Instead, they happen for preventable reasons such as:
- Distracted drivers
- Speeding drivers
- Poor visibility due to badly maintained crosswalks and sidewalks
- Fatigued drivers
- Aggressive drivers or road rage incidents
- Crosswalk accidents due to poor lighting
- Driving under the influence of alcohol or drugs
In every situation, the police will investigate to determine fault.
Virginia’s Contributory Negligence Rule Is One of the Harshest in the Country
If an insurance company can argue that you were even slightly at fault — crossing outside a crosswalk, misjudging traffic, wearing dark clothing, or being momentarily distracted — they will claim you are barred from any recovery.
In Fairfax pedestrian cases, this defense is raised almost automatically. Defeating it requires early evidence, witness statements, and often accident reconstruction. Our team prepares pedestrian cases to withstand aggressive fault defenses.
Fairfax Pedestrian Accident Lawyer Near Me (434) 817-3100
Critical Evidence in a Pedestrian Accident Case
Victims of these accidents may find it hard to prove they were not at fault, especially if the accident happens outside of a crosswalk. Gathering as much evidence as possible at the time of the accident and then turning to an attorney right away can help you with your case. If it is safe to do so, gather evidence like the following or allow your attorney to do so:
- Photos of the surrounding area to show where you were at the time of the incident
- Photos of the damage to the vehicle and your injuries
- Documentation of the date and time
- Statements and contact information from witnesses
- Police reports that document what occurred
- Medical reports from immediately going to the emergency room
- Dash camera footage
- Cell phone records demonstrating usage during the incident
Our legal team builds a strong claim that includes all available evidence. We work with accident reconstruction specialists and medical experts to document the incident as fully as possible. The sooner you contact us to start working on your case, the better. Learn more about pedestrian accidents in our FAQs section.
Serious Injuries Resulting from Pedestrian Accidents
One of the most important reasons to hire a pedestrian accident attorney in Fairfax after such an accident is because of the seriousness of your injuries. Victims often face months of recovery and may suffer permanent injuries. Some of the most common serious injuries in these cases include the following:
- Traumatic brain injuries from blows to the head
- Spinal cord damage resulting in paralysis
- Nerve damage causing chronic pain
- Road rash and related infections
- Broken and crushed bones
- Internal organ damage
- Lacerations and soft tissue injuries
After a pedestrian accident changes the course of your life, contact our legal team. Let us pursue legal action through a claim that maximizes your recovery while you focus on healing.
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What Your Pedestrian Accident Case May Be Worth
The value of a pedestrian accident claim is dependent on your injuries and ability to heal. There are numerous factors that play a role in determining how much compensation you can seek. Having an experienced attorney available to help you through this process makes a difference. Our legal team will help you prove losses in areas such as:
- Medical expenses: Emergency medical care, hospitalization, medications, surgeries, and rehabilitation costs
- Ongoing medical needs: Damages, including in-home care, modifications to your home, and future medical procedure costs
- Loss of income: Loss of earnings for a period of time while you cannot report to work, as well as potential loss of earning capacity if you cannot recover the ability to work at the same job
- Loss of quality of life: Victims with serious injuries and ongoing pain may not be able to go back to the things they enjoy doing due to new limitations
- Pain and suffering: Victims may experience incredible pain at the time of the accident and may develop chronic pain for their lifetime
- Mental anguish: This might include the onset of conditions like depression, anxiety, and post-traumatic stress disorder
- Punitive damages: In cases involving drunk or egregiously reckless drivers, punitive damages may be available to punish and deter dangerous conduct.
Victims of these accidents may also face catastrophic injuries, which result in permanent disability or loss of vision or hearing. In situations like this, the value of compensation owed to you is likely much higher, but it is still up to you to demonstrate what those losses are. Our firm pursues these claims thoroughly and with an eye toward full and fair compensation.
Punitive Damages in Virginia
Virginia allows victims of particularly egregious actions to receive punitive damages (§ 8.01-38.1), which is a form of monetary punishment against the at-fault party. Rarely awarded, they may be available in cases where the driver purposefully hurt you or was engaged in drunk driving at the time of the incident.
Schedule a Free Consultation with a Fairfax Pedestrian Accident Attorney Now
Your future depends on the recovery of damages in this case. Trust MartinWren, P.C. with your claim. Our years of experience and compassion for providing each of our clients with exceptional legal support make us different.
Set up a free consultation to discuss your case today. Our Fairfax pedestrian accident lawyers are prepared to pursue full and fair compensation on your behalf.
Call (434) 817-3100 or complete a Case Evaluation form
