A walk can turn deadly when a driver fails to pay attention to the roadway. In the blink of an eye, a text message or a bit of fatigue can cause that driver to strike you, often causing serious and life-threatening injuries. Our Fairfax pedestrian accident lawyer at MartinWren, P.C. has experience helping victims get justice.
Set up a free consultation with our Fairfax personal injury lawyer now. Our team has helped thousands of clients since our founding in 2009.
Why Pedestrian Accidents Happen
Pedestrians always 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. Our legal team does the same, doing all we can to find out why this incident happened. We cannot alter the past, but we can help you gain the financial support you need for the future.
Contributory Negligence in a Pedestrian Accident
Virginia follows a contributory negligence rule when both parties share some of the fault in an accident. This means that if the police or insurance company places any blame on you as the pedestrian, you will face some challenges seeking compensation against the other party. Because this is a very strict rule and quite limiting, we strongly suggest working with our legal team to minimize any risk that you are at fault in the accident.
For a legal consultation with a personal injury lawyer, call (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. Trust in our team to remain your advocate throughout this process.
Fairfax Pedestrian Accident Lawyer Near Me (434) 817-3100
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
- Loss of consortium: This may include damages to your ability to maintain relationships after your accident
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. You can expect our law firm to be aggressive in seeking these claims.
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 pedestrian accident lawyer in Fairfax will provide you with the unfailing support you need.
Call (434) 817-3100 or complete a Case Evaluation form
