Pedestrian accidents often result in serious and lifelong injuries, leaving victims to pick up the pieces of their lives with the added burden of costly medical bills, lost wages, and emotional trauma.
Even when following traffic regulations and using designated crosswalks, pedestrians can be struck by motorists who fail to exercise caution. These accidents can result in severe physical and emotional trauma.
At Martin Wren, P.C., we are dedicated to helping you secure the compensation you deserve. With a deep understanding of personal injury law and a commitment to protecting your rights, our Fredericksburg personal injury lawyer will handle every aspect of your case so you can focus on healing. Let a Fredericksburg pedestrian accident lawyer fight for justice on your behalf.
Common Pedestrian Accident Causes
Pedestrian accidents are a significant safety concern, often resulting in serious injuries or fatalities. The causes of these accidents can be complex, involving a combination of factors related to drivers, pedestrians, and the environment. Here are some of the most common causes:
- Driver negligence, such as distracted driving and failure to yield to pedestrians
- Disobeying traffic laws such as speeding or running traffic lights
- Inadequate pedestrian infrastructure, including poorly designed crosswalks and insufficient lighting
- Pedestrian behavior, such as jaywalking and failing to obey traffic signals
If a negligent driver caused your accident and subsequent injuries, your Fredericksburg car accident lawyer must prove they were liable to receive compensation successfully. To do this, you will need to collect evidence establishing their negligence. Speak with our Fredericksburg pedestrian accident lawyer to get started as soon as possible to ensure that the evidence you collect is fresh.
For a legal consultation with a personal injury lawyer, call 434-817-3100
Pedestrian Accidents in Fredericksburg, VA
Pedestrian accidents are a serious concern in Virginia, with a significant number of incidents and fatalities occurring annually. According to the Annual Report from Drive Smart Virginia, in 2023, there were 1,699 car accidents involving pedestrians statewide, resulting in 133 tragic deaths. The DMV urges Virginians to prioritize pedestrian safety behind the wheel to help prevent these avoidable tragedies.
Fredericksburg, a historic city with a vibrant downtown area and numerous walking paths, is a popular destination for pedestrians. Tourists often choose to walk rather than drive or use public transportation, which can lead to increased pedestrian traffic and potential risks. However, it is crucial to remember that pedestrians, regardless of their familiarity with the area, should always exercise caution and follow traffic safety rules.
To help prevent pedestrian accidents in Fredericksburg and across Virginia, drivers and pedestrians must take proactive measures. Drivers should be vigilant, slow down in pedestrian zones, and yield to pedestrians, especially at crosswalks. Pedestrians should use designated crosswalks, avoid jaywalking, and be alert particularly when crossing busy streets or intersections.
Compensation You May Be Able to Receive
If you have been involved in accidents involving a vehicle and a pedestrian, you may be entitled to compensation for your injuries and other losses. Both economic and non-economic damages will be included in the amount you may receive, although there may be a limit if you are trying to settle through the at-fault party’s insurance. The specific amount you can receive will depend on the circumstances of your case, but potential types of compensation may include:
- Medical expenses, both past and future
- Lost wages for work missed due to your injuries
- Reduced earning capacity
- Property damage
- Emotional pain and suffering
- Transportation costs
- Post Traumatic Stress Disorder (PTSD)
Your Fredericksburg pedestrian accident attorney can help you calculate an estimate of the full amount you may be entitled to, including past and future expenses.
Insurance adjusters will always try to minimize the amount of money they have to pay out for your pedestrian accident. Do not settle without understanding your rights.
Fredericksburg Pedestrian Accident Lawyer Near Me 434-817-3100
Statute of Limitations in Virginia
Under Virginia law, you have only a set amount of time to file your claim or personal injury lawsuit. Under Code of Virginia § 8.01-243, the general statute of limitations for filing is typically two years from the date of the accident, meaning you must initiate the legal proceedings within this time to have a chance at recovering compensation. Some exceptions to this time limit may apply, however.
Some of these exceptions include if the injured person was a minor at the time of the accident, the statute of limitations may be extended until they reach the age of 18. Mental incapacity may also weigh into this.
In addition to statutes of limitations, certain claims against certain governmental parties may also require that you provide notice of your claim within a short period of time. Failing to provide the specific type of notice could forever bar your right to pursue that claim.
It is crucial to consult with a pedestrian accident lawyer in Fredericksburg as soon as possible after your accident. Delaying legal action can significantly reduce your chances of recovering compensation as well as limit the fresh evidence that could be available for building your case. Our team will help you strategize how to best pursue your legal rights.
Comparable Negligence Under Virginia Law
Virginia is a contributory negligence state. This means that if a pedestrian’s own negligence contributed to the accident, their ability to recover damages may be barred entirely. That means if the jury finds that the pedestrian was partially at fault, the doctrine of contributory negligent will prevent them from recovering anything for their injuries.
This is different than most states, which use a form of what is called comparative negligence. Under comparative negligence, if a jury determines that a pedestrian was 20% at fault for an accident, their damages will be reduced by 20%.
However, if the jury finds that the pedestrian was more than 50% at fault, they will not be able to recover any damages at all. Actions such as jaywalking or walking under the influence of drugs or alcohol could weigh in as pedestrian negligence. Comparative negligence does not apply in Virginia.
Martin Wren, P.C. can help by gathering and strategically presenting evidence to demonstrate the driver’s negligence as well as defending against any negligence they claim that you may have shown. If the defendant fails to prove contributory negligence, the pedestrian may be entitled to full compensation.
Consulting with a pedestrian accident attorney in Fredericksburg can help you assess your case, evaluate the potential defenses, and protect your rights.
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Contact MartinWren, P.C. for Assistance with Your Pedestrian Accident Case
If you have been hit by a car while walking, MartinWren, P.C. can help. Our experienced pedestrian accident attorneys understand the complexities of Virginia law and are committed to fighting for your rights.
Learn more about us or contact our office today for a free consultation.
Call 434-817-3100 or complete a Case Evaluation form
