If you were hit by a vehicle while walking in Richmond, you may be dealing with pain, bills, and questions you never expected to face. Your Richmond pedestrian accident lawyer can help you understand what comes next and who may be responsible for what happened.
With your Richmond personal injury lawyer from MartinWren, P.C. by your side, you have support from a team that takes your recovery seriously. We are available 24/7 when you need us. We’ve helped hundreds of clients recover the compensation they deserve, and we are ready to put that experience to work for you. Our lawyers have 300 years of combined legal experience.
And we have some of the largest pedestrian injury settlements in Virginia’s recent past. That includes settlements of $5,000,000 for a pedestrian struck by a City of Charlottesville driver. And it includes a gentlemen who recovered over $3,300,000 when struck by an out-of-control driver.
Pedestrians Often Suffer Catastrophic Injuries When Struck by Vehicles
When a car or truck hits someone walking, the injuries are often severe, even at low speeds. Pedestrians have no protection from the force of impact, which means the damage is usually serious.
According to the National Safety Council, pedestrian collisions account for 17.3% of all traffic fatalities. Even more troubling, these numbers have increased steadily over the years. That means fatal pedestrian injuries are increasing in number and frequency.
We have handled Richmond-based pedestrian collisions where injuries result.
Your Richmond pedestrian accident attorney with MartinWren, P.C. understands how overwhelming this can feel, especially when you are also trying to manage bills and time away from work.
Common Injuries We See After Pedestrian Collisions
The most common injuries include fractures, internal bleeding, joint damage, and traumatic wounds that can take months to heal. Facial injuries, traumatic brain injuries, spinal cord trauma, and deep lacerations also appear frequently in these cases.
The grim reality is that many of these injuries can be extremely serious.
Again, statistics show that pedestrian collisions are a high cause of driving-related fatalities.
Some pedestrians experience multiple injuries across different areas of the body, making care more complex and costly. These injuries may require immediate hospitalization and ongoing monitoring during recovery.
Why These Injuries Often Require Ongoing Care
Severe pedestrian injuries often come with long-term treatment needs, including surgery, physical therapy, rehabilitation, or follow-up care that lasts for months or even a lifetime.
These medical needs can add up quickly and create additional stress for families already dealing with lost wages and lifestyle adjustments. Your pedestrian accident attorney in Richmond with MartinWren, P.C. can also help you track and recover expenses related to medical bills, transportation, and future care.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
You Can Demand Compensation for Every Way Your Life Has Been Affected
If you were hit while walking, your injuries may have changed your life in ways that go far beyond medical bills. These cases are about more than one moment. Your personal injury attorney can help you document what you have lost, how your life has been disrupted, and what fair compensation should include.
How an Injury Can Affect Your Daily Life and Independence
Even a single injury can interfere with your ability to care for yourself, work, or manage everyday responsibilities. When an injured pedestrian experiences spinal cord damage, the physical limitations often affect more than just movement. You may need assistance with basic tasks, transportation, or managing pain throughout the day.
Your Richmond spinal cord injury lawyer can work with you to understand how your injuries are affecting your life now and what kind of long-term care you may need. These insights can strengthen your claim and help demonstrate the full impact of the crash.
We take the time to learn how your routine has changed and how we can translate that into a demand for compensation that reflects your reality.
How Compensation Can Support Recovery and Stability
Civil compensation gives injured pedestrians the ability to cover medical costs, future treatment, missed income, and lifestyle adjustments. These damages are based on Virginia’s negligence laws, which require proof that the driver owed a duty of care, failed to meet that duty, and caused your injuries.
We will work to show how this chain of events supports your right to recover damages. Virginia’s contributory negligence rule may also apply to your case. This means that if you are found even slightly at fault, it could impact your eligibility for compensation.
We build every case with care, helping you understand how contributory negligence could affect your claim and how to move forward with strong legal support. During your initial consultation, we will review your case and help you make informed decisions based on what the law allows.
Richmond Pedestrian Accident FAQ
If you were hit by a vehicle while walking, you probably have questions about what happens next. Legal timelines, insurance rules, and compensation options can all feel unclear, especially when you are still healing.
This guide answers some of the most common questions injured pedestrians ask when working with our firm.
How long do I have to file a lawsuit after a pedestrian accident?
The Code of Virginia § 8.01-243 generally gives you two years from the date of the crash to file a personal injury claim. This applies to most standard injury cases, but certain claims may have special rules.
If your case involves a public entity, there may be a shorter notice period to provide notice of the accident. Missing these deadlines can affect your ability to recover compensation, so it is important to ask early.
Are punitive damages available in pedestrian accident cases?
In rare cases involving gross negligence or intentional harm, courts may award punitive damages under Code of Virginia § 8.01-38.1. These damages punish the other party for especially reckless behavior.
Examples could include a driver who was intoxicated or intentionally ran a pedestrian off the road. Your attorney will explain whether punitive damages may apply in your case.
Generally speaking, Virginia law permits the recovery of punitive damages for defendants who drive under the influence of alcohol. Drivers who have a blood alcohol content of .15 or more can give rise to statutory punitive damages under Va. Code sec. 8.01-44.5. That section, entitled “Punitive damages for persons injured by intoxicated drivers,” states the grounds upon which a defendant driver can have statutory punitive damages assessed against them.
What does it mean to request an initial consultation?
An initial consultation is a free and private opportunity to ask questions and get a sense of your legal options. You are not required to move forward, and nothing is shared without your permission. And, most importantly, the consultation is free and confidential.
This conversation helps you understand what to expect and whether legal action is the right next step for your situation. Let your Richmond car accident lawyer begin building your claim with the support and care you deserve.
What legal duties do drivers and pedestrians owe?
According to Virginia Code sec. 46.2-924A, drivers must yield the right of way and stop for pedestrians who are in any clearly marked crosswalk.
And section 46.2-924 makes clear that “[p]edestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.”
At the same time, pedestrians owe some legal duties. A pedestrian shall not enter or cross an intersection when they see oncoming traffic approaching. This means that pedestrians must act responsibly by making sure that they are not unreasonably placing themselves in danger.
What defenses are available in pedestrian collision cases?
Like most Virginia personal injury claims, you can expect the defense to claim that a pedestrian was contributorily negligent. Virginia law on contributory negligence prevents an injured party who bears any responsibility for causing their own injuries from recovering anything. Defendants will raise this defense if a pedestrian jaywalks, is distracted by their phone or something else when walking, is under the influence, or if the pedestrian ignores oncoming traffic.
Many Virginia driver defendants will also claim that a pedestrian assumed the risk of their injuries. The defense of assumption of the risk says that a plaintiff who appreciates a danger and then acts despite that danger can assume the risk of being injured.
A defendant may raise the defense of “mitigation of damages” when an injured pedestrian fails to take steps to minimize their injuries. This will typically occur when an injured party fails to follow the orders of medical providers or takes steps that make their injuries worse.
We have seen the defense of sudden medical emergency arise in pedestrian collision cases. That defense is available if a defendant has a sudden medical emergency that he had no reason to anticipate, and it renders him unable to control his vehicle. Though we have seen this defense many times, we have never seen it be successful.
What are common causes of cars crashing into pedestrians?
A common cause of pedestrian collisions is distracted driving. Drivers may be distracted for a number of reasons. Perhaps the driver is applying makeup. They may be using their phone. Maybe they were eating. They might be checking their GPS device or other device. These problems grow worse when the place where the crash happens has many signs, heavy traffic, or other visual distractions.
Drunk drivers or intoxicated motorists often crash into pedestrians. These drivers may lack the reflexes or awareness necessary to identify and avoid hazards like pedestrians.
Other causes can be poor lighting, faulty road markings, or bad weather. While those causes can help explain why a crash occurred, a driver should be aware of those conditions and take special precautions when facing those unique situations.
What damages can I receive after a pedestrian collision?
Virginia law can give two main categories of compensatory damages for injuries parties. These law intends for these categories to make an injured party “whole.” This should bring the injured party as close as possible as if the injury did not occur.
The first category of damages are for economic damages. These are pocketbook damages. These include past and future medical expenses, past and future lost wages, lost earning capacity, and even property damage. Parties can typically support these claims with invoices, bills, and charges.
The second category of damages are for noneconomic damages. You can think of these as human damages. These are losses like pain and suffering. That also includes both physical and mental injuries that result. Other noneconomic damages include past and future inconvenience, and disfigurement and associated humiliation.
Does Virginia law impose caps on damages for pedestrian accidents?
Virginia does not place any limits on the amount of money that is recoverable in most personal injury cases. For most cases, the law will not limit the amount of economic and non-economic damages you could recover. There may be limits on what a defendant is able to pay, but there will not be artificial limits on a jury verdict.
Some exceptions may apply in a pedestrian collision case. The most notable exception would be if the defendant was a government employee. It may be the case that damage caps would apply in that situation.
In addition, Virginia law does impose caps on the amount of punitive damages that can be recovered in any case. Virginia Code section 8.01-38.1 caps punitive damages at $350,000.
What can I expect if I bring a claim for damages?
Pursuing a legal claim will involve several steps. First, you’ll meet with our legal team to provide information to support your claim. We will conduct an investigation and gather all available evidence and information for you.
Second, we may decide to prepare and submit a demand to the insurance company for the party who hurt you. Being able to resolve a case early on at the demand stage will depend on many factors. These can include the severity of your injuries, the amount of insurance available, whether the defendant driver did something especially reckless, and other case-specific factors.
Third, if we cannot settle the case for the right amount in prelitigation, we will advise you to proceed with litigation. We work closely with our clients to take the surprises out of litigation. It is a stressful process and we aim to make it as smooth as possible for you.
Fourth, in the event the insurance company does not settle during litigation, we will be prepared to try the case. Don’t get us wrong: most cases settle without going to trial. But insurance companies will dig in on some cases and not take them seriously for some reason. When that happens, we will fight to make them pay in front of a jury.
Your law firm talks about jury verdicts, but will you help me settle my case?
We understand that most people really do not want to file a lawsuit. And even fewer want to actually go to trial. To them, it is not worth the time, stress, and worry of going through those lengths.
We also understand that many of our cases tend to be larger with more serious injuries. And those cases may require a more significant fight to bring to a conclusion.
For cases with larger damages and more serious injuries, we usually let our clients know that they need to be prepared to file a lawsuit. The simple reality is that insurance companies will often try to avoid settling bigger cases in order to save money.
The good news is that even most cases that proceed through litigation will result in a settlement. Very few cases actually go to trial, and we will recommend trial only when we feel that an insurance company is terribly mistaken in their valuation of a claim.
The good news for you is that our aggressive approach to trial will help increase the value of your claim. Insurance companies hate risk, and those insurance companies do not want to tangle with law firms like ours that will hold them accountable in front of a jury.
Is the driver who hit me the only defendant in a pedestrian collision case?
In most cases, the driver who hit you might be the only available defendant. But there might be other potential parties.
One could be the vehicle owner, if different from the driver. Under the legal theory of negligent entrustment, the owner of the vehicle could be responsible. This could occur if they let an unsafe driver use the vehicle. Or it can arise if the owner let someone else drive a vehicle that was defective.
The driver’s employer could also be legally responsible. This can occur if the driver was operating the vehicle in the course and scope of their employment. An employer can also be responsible if they hired an unsafe driver or entrusted the vehicle to an unsafe driver.
In the gig economy in which we live, it is important to evaluate whether the driver was working for a gig employer at the time of the crash. They may have been driving for Uber Eats, Grub Hub, Amazon, Doordash, Instacart, or a similar company. The involvement of these employers may not be evident from a police report alone. That is why it is important for a knowledgeable and skilled attorney to review the case.
What if I was hit by a bike rider, a scooter rider, or someone on some other machine?
There is no question that pedestrians may be placed into danger by dangerous bicyclists, scooter riders, or riders on other transportation devices. When that happens, it may seem like those riders cannot be blamed.
It is important to understand that those bike riders and others are subject to the same rules of the road as car drivers. As set forth in Va. Code sec. 46.2-800, bike and scooter riders must operate with the same duties and follow the same rules as car drivers. Failure to follow those rules can cause people to get hurt.
When someone is hurt by a bicyclist or scooter rider, those riders will hopefully be covered by homeowner’s insurance. Normal pedestrian injury cases are covered by automobile insurance policies, and the at-fault car policy will provide coverage. But when the at-fault party is a bicyclist or scooter rider, they will hopefully have coverage under a homeowner policy.
What should I do if I am injured in a pedestrian accident?
First and foremost, call 911 to report the incident. And, if you are hurt, request medical attention. It is helpful to get checked out even if you are not aware of any immediate injuries.
Give a statement to the investigating police officer. Make sure they observe the traffic lights, signs, and other road features that may have contributed to the crash.
Take photos of the vehicle or vehicles involved and obtain the names and contact information of any witnesses who are nearby.
Last but not least, you should consult with an attorney to protect your rights.
Are there any areas in Richmond known to be particularly dangerous for pedestrians?
Dangerous drivers can make any street or intersection dangerous at any given time. But some Richmond roads and intersections are known to be particularly dangerous. These areas include:
- Broad Street: A long street with numerous dangerous intersections, particularly because there are retail, commercial, and residential zones. This includes intersections west of Staples Mill and those near the VCU campus.
- Belvidere Street: Known as one of the city’s most dangerous corridors because of high-speed traffic and numerous crashes.
- Hull Street Road: The lack of sidewalks and safe crossing points in some areas, combined with high speeds and poor lighting, makes this area hazardous.
Richmond Pedestrian Accident Lawyer Near Me (434) 817-3100
Speak With Your Pedestrian Accident Attorney in Richmond for Support Today
Recovery looks different for everyone, and you deserve support that fits your needs. Your pedestrian accident lawyer in Richmond from MartinWren, P.C. can help you understand your options and what to expect next.
We have deep experience handling significant pedestrian collisions. Our lawyers know the issues in these cases, the tactics that insurance companies use, and the strategies to win. We can get results for you.
Contact us today to schedule your free, no–risk consultation.
Call (434) 817-3100 or complete a Case Evaluation form
