These 7 questions to ask your pedestrian accident lawyer will help you choose the right fit and plan your next steps. Focus on experience, the records they need from you, how they deal with insurers, common hurdles, coverage, fees, and shared fault.
A Charlottesville pedestrian accident lawyer can offer insight and support during one of the most challenging times of your life. If you have questions, you have come to the right place. We have obtained some of the largest pedestrian injury settlements in Virginia over the past few years.
1. How Much Experience Do You Have With Pedestrian Accident Claims?
You want a lawyer who has handled many pedestrian claims in your city and has had recent successful results on streets like yours. Experience with crosswalk design and signal timing matters because those details can drive fault decisions. Ask about recent outcomes and which nearby intersections they know well. A lawyer who has stood at your corner and measured sight lines can spot facts others may miss.
Local knowledge also helps with evidence. In many parts of Charlottesville, private cameras capture angles that city systems miss, and small shops overwrite video quickly. A lawyer who practices here can locate possible cameras and request clips fast. We can then compare the footage with the police report and your medical notes to build a clear timeline of events.
In the past few years we have obtained multi-million dollar settlements for Virginia pedestrians who were hit while walking. Those results were for $5,000,000 and nearly $3,500,000 in different cases.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
2. What Evidence Will You Need From Me After the Accident?
Your lawyer should ask you for specific records and photos soon after the crash. Strong documentation keeps your claim moving and prevents delays when an insurer requests more proof. To keep things organized, you could start a simple folder.
Most cases benefit when you gather a few essentials quickly, and your lawyer may ask for items like these:
- Photos of the scene and your injuries
- The police report and the incident number
- Names and numbers for witnesses
- Images of crosswalk signals and timing, if visible
- Medical records and billing statements
- Receipts for prescriptions and medical gear
- Any available video from nearby businesses
These records could link the driver’s choices to your injuries and costs. Virginia’s filing deadline under Virginia Code § 8.01-243(A) means time matters for both treatment and paperwork. A personal injury lawyer in Charlottesville can organize your materials and send targeted requests. We can also make sure your file is complete before a demand goes out.
3. How Do You Approach Negotiations With Insurance Companies?
Your lawyer should lead negotiations by controlling communications and sending a documented demand with proof. When reviewing the questions to ask your pedestrian accident lawyer, who speaks to the adjuster and how recorded statements are handled should be included. Also, ask when a written demand will go out and how updates will arrive.
Insurance coverage can affect negotiations, especially if the driver carried low limits or left the scene. Your attorney should explain how uninsured and underinsured motorist coverage applies to pedestrians under Virginia Code § 38.2-2206 and when it can fill a shortfall. A Charlottesville car accident lawyer can explain which policies apply and when UM/UIM steps in so that the carrier that owes you handles the claim.
4. What Are the Most Common Challenges in Pedestrian Accident Cases?
Expect disputes over the crosswalk signal and gaps in video when going over the questions to ask your pedestrian accident lawyer. A prepared lawyer will plan around these hurdles and act quickly to lock down what still exists. Common challenges include:
- Conflicting witness accounts about the signal
- Multiple vehicles entering the crosswalk area
- Unclear or missing signage near the corner
- Poor lighting or heavy rain at the moment of impact
- Partial or overwritten surveillance video
- Defense claims that the pedestrian acted carelessly
- Disputes about the speed or path of the car
- Defenses of assumption of the risk or contributory negligence
Be sure to ask how experts can help resolve these issues and when an engineer or specialist can add value. Virginia’s expert testimony rule, in Virginia Code § 8.01-401.3, lets qualified experts explain technical points that affect legal duties, causation, and injuries. Ask your lawyer when they usually bring in experts and what those specialists could add to your case.
5. What Are My Legal Options If the Driver Was Uninsured?
You can often use your own uninsured or underinsured motorist coverage as a pedestrian. Many auto policies extend these benefits to you even when you are not in a car. Ask your lawyer to review your declarations page and explain how stacking and offsets work if more than one policy could apply.
You still need to notify your carrier and meet its document requests. Your insurer may ask for medical updates and proof of lost income before it evaluates a claim. Share updates as you receive them, and give a short, factual summary of what happened. This can help the adjuster evaluate your claim without delay.
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6. What Are My Options for Paying Legal Fees?
Most pedestrian cases use a contingency fee, so your lawyer is paid from the recovery at the end of the case. Ask for the fee agreement in writing and what the percentage covers. Ask about costs such as medical record fees and court costs, and how those are paid if the case resolves or goes to trial. You should know the percentage, what costs are separate, and when they are deducted.
Your legal advocate should set expectations for communication and billing. Ask how often you will get status updates and who your day-to-day contact will be. Do not forget to ask how quickly you can expect your messages to be returned.
7. How Do You Address Claims That I Was Partly at Fault?
Your lawyer should challenge any blame on you by testing it against facts. We can check the signal timing and the crossing distance. We can also compare phone-use records with camera clips when they exist. Statements from nearby drivers or shop workers can anchor the timeline. These small details, like where a shoe or bag landed, can help establish fault.
Virginia uses a contributory negligence rule, so even a small share of fault can threaten your compensation award. We may bring in a traffic engineer when the layout or sight lines are disputed, for example. Your lawyer should also handle adjuster calls and limit recorded statements so your words are not taken out of context.
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Get Answers From a Pedestrian Accident Lawyer in Charlottesville Today
When you need legal guidance after a crash, your Charlottesville pedestrian accident attorney with MartinWren, P.C. will review the facts and outline the steps that best fit your case. Our team brings hundreds of years of combined legal experience to these cases and uses that background to keep your claim organized.
If you are ready to take the next step, contact us, and we can schedule a time to talk about the questions to ask your pedestrian accident lawyer.
Call (434) 817-3100 or complete a Case Evaluation form
