Alexandria Pedestrian Accident Lawyer
Did a car strike you or a loved one while you were walking around Alexandria? It is hard to know what to do first when a disaster like this happens. An overwhelming surge of emotions might scatter your thoughts and make it hard to focus on your next steps.
You want to do the best for yourself and do right by your loved ones, but you are not sure where to turn. A pedestrian accident lawyer in Alexandria, VA understands what you are going through. We can help you and your family recover the compensation you need to get past this difficult time in your life.
How Driver Negligence Can Cause Pedestrian Accidents
Many drivers are operating on mental autopilot. A frequent cause of pedestrian accidents is distracted drivers making turns without checking the crosswalk first. Pedestrians are often the last thing on these drivers’ minds. Smartphones, conversations with passengers, and preoccupation with the events of the day are often to blame for accidents.
Intoxication and driver fatigue are also common culprits. And while these negligent drivers should be liable for their actions, it is often much more difficult than it should be to prove negligence and get the compensation you deserve.
Receiving Fair Compensation for Injuries
To recover the compensation you need, we must establish both the negligence of the driver and the extent of your injuries.
Proving negligence requires we establish the following criteria:
- Duty of care: The at-fault driver had a duty to drive safely.
- Breach of duty: He breached that duty by violating a traffic law (e.g., failing to yield right-of-way in a crosswalk.)
- Causation: This failure caused your accident and injury, e.g., the driver hit you while you were in the crosswalk, causing you to suffer a spinal cord injury.
- Damages: You suffered damages (e.g., medical bills, lost wages, “pain and suffering,” inconvenience, etc.)
This requires evidence. Depending on your case, we might need:
- Red light camera footage
- Surveillance video
- Eyewitness testimony
- The driver’s cell phone records
- The accident report
- Expert witness testimony
Types of Compensation Available in Pedestrian Accident Cases
Depending on the type of accident you or your loved one suffered and the extent of loss or injuries you are facing, you may be entitled to any of the following:
- Past and current medical expenses
- Future medical expenses
- Lost wages or loss of self-employment income
- Loss of future earning capacity
- Physical “pain and suffering” (past and future)
- Humiliation or embarrassment from permanent scarring or disfigurement
- Loss of enjoyment of life
- Inconvenience (past and future)
If a victim died on impact or the injuries led to death, an estate and/or surviving family members can claim compensation for the decedent’s “pain and suffering;” final medical expenses; and funeral, burial, or cremation expenses.
Surviving family members may recover compensation for mental anguish, sorrow, loss of guidance, and loss of companionship. Compensation for loss of income and the loss of the decedent’s services, protection, assistance, and care may also be available.
How Much Is My Case Worth?
The value of your case (i.e. how much it’s worth) will depend on multiple factors. When an Alexandria pedestrian accident attorney accepts your case, one of the final things he or she will do is evaluate how much you are entitled to recover as the full extent of all of your damage must be known to arrive at such a figure. To do this, he or she will assess your economic losses, like those described above, along with your non-economic losses. Your compensation is directly impacted by the amount of loss you have suffered as a result of your pedestrian accident. Financial loss and expenses are generally compensated dollar for dollar. Your medical bills are one example. Incurring $15,000 in medical bills would make you entitled to recover $15,000 in compensation.
Non-economic damages may have a larger impact on the value of your case. These types of damages measure the way your life and ability to function as a normal person has been altered due to injuries you suffered. Typically referred to as “pain and suffering, ” these damages take into account any present or likely future physical or psychological suffering you may experience. An amputated leg or nightmares of the car that hit you alters your life in ways a medical bill could never, but there’s no exact number to reflect it. Financial value is assigned to pain and suffering to compensate victims as fairly as possible.
A qualified attorney will be able to assess your losses and injuries (and what can be proven) to tell you what your case is worth. Bear in mind that the value of your case can also be affected if you share in the blame for the pedestrian accident.
Who Is Liable for My Pedestrian Accident in Alexandria?
Ultimately, the decision about who can be sued in a pedestrian accident depends on who caused or contributed to the accident that led to your injury. The person or company who caused the accident is by law responsible for damages in Virginia. They are known as the “liable party.” Liable parties in a pedestrian accident in Alexandria could be:
A negligent driver poses a threat to both motorists and pedestrians. Unfortunately, pedestrians are the most vulnerable to harm by drivers. If you were hit by a motor vehicle while standing or walking down the street, you are entitled to compensation from the driver and/or his insurance policy. A driver may also have caused your accident even if he or she didn’t make physical contact with you. If his negligent actions caused you to react in a way that led to an accident you may be able to recover compensation.
Bike riders have a legal duty to ride responsibly as well. A violation of local traffic or bike laws that leads to the injury of someone else makes them liable for damages.
Construction Site Owners/Managers/Companies
If construction equipment or debris resulted in your injury, you may be able to file a personal claim or lawsuit against the construction company or site owner.
Sidewalk hazards that are the responsibility of the city, town, or county would leave the local government on the hook for your damages.
If your accident was caused by dangerous or defective conditions outside a local business, the business owner could be liable under premise liability law.
A qualified Alexandria personal injury lawyer can help you sort out potential liable parties in your pedestrian accident and determine the best option to pursue a claim against them.
Handling Insurance Company Communication After an Accident
Insurance companies have several tactics up their sleeves for devaluing or denying your claim. They might:
- Try to settle a claim with you before you retain an attorney.
- Try to tell you that you do not need an attorney.
- Try to convince you that your case is not worth hiring an attorney or that you cannot afford an attorney. (You can. Personal injury attorneys handle cases on a contingency basis, which means you do not pay until you win.)
- Assure you that they will be fair and straightforward with you.
- Attempt to trick you into saying something that jeopardizes your claim.
Not all people or insurance companies are untrustworthy. Unless you have an attorney working for you, however, you will not know who you can and cannot trust in the process.
Attorney Jim Parrish’s firm uses his insurance industry experience to your advantage. Having spent many years working as an insurance defense lawyer, Jim knows the buttons that insurance companies train their adjusters to push.
An insurance company may want you to believe that it is trying to be fair. However, its idea of “fair” is unlikely to be the same as yours. We level the playing field and ensure the insurance company knows it cannot manipulate you into accepting less than you deserve.
You Have a Limited Time to Act. Do Not Jeopardize Your Claim to Compensation
The statute of limitations Va. Code § 8.01-243 for pedestrian accident cases is two years in Virginia. Time passes quickly, and you do not want to risk having a court throw your case out as being untimely. The sooner we can begin compiling evidence and building your case, the better.
We know the hardest part of the claims process for the client can be getting started. However, once a client hands a case over to the Parrish Law Firm, PLLC, the hard part is over. We handle the rest.
Call the Parrish Law Firm, PLLC now.