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Filing a Personal Injury Claim After a Virginia Pedestrian Part B

April 22, 2013 by The Parrish Law Firm

While the majority of Virginia pedestrian accidents don’t involve collisions with cars, pedestrian accidents that do occur on Virginia roadways result in more injuries and are usually severe or even fatal. If you have been injured in a Virginia pedestrian accident, you may be entitled to receive compensation for your injuries through a Virginia personal injury lawsuit.

Drivers have clear duties towards pedestrians in Virginia and this duty is heightened when it comes to children due to the unpredictable behavior of children. Pedestrians, for the most part, are responsible for their own safety by obeying “walk” signals and using crosswalks. This does not, however, excuse the driver from ignoring a pedestrian’s actions.

Essentially, while there are “rules of the road,” there are also Virginia state laws that govern pedestrians and motorists and if a pedestrian is injured while acting negligently, contributory negligence will prevent that pedestrian from recovering.

According to the National Highway Traffic Safety Association, about 5,000 pedestrians are killed and 100,000 injured each year in pedestrian accidents involving motor vehicles. Driver negligence is the cause of most pedestrian accidents involving motor vehicles and can include:

  • Speeding;
  • Drunk driving;
  • Distracted driving (texting or talking on a mobile phone);
  • Failure to obey traffic signals or signs;
  • Failure to observe crosswalks; or
  • Failure to use extra care in areas where children are known to be present.

Virginia Pedestrian Accident Compensation

To recover compensation in a Virginia personal injury lawsuit, you must prove a direct connection between your pedestrian accident and your injury, i.e., you must prove that the accident was the “proximate cause” of your injuries. Damages compensating for suffering and loss are called compensatory damages and are also recoverable under Virginia law. Virginia law allows for compensation for:

  • Past and future medical & hospital expenses;
  • Past and future loss of earnings;
  • Loss of earning capacity;
  • Physical pain and suffering;
  • Disfigurement, impairment, and disability;
  • Psychological injuries;
  • Discomfort;
  • Property damage;
  • Loss of enjoyment of life; and
  • Damages for the inability to perform one’s usual activities.

As the victim of a Virginia pedestrian accident, until you retain an attorney, the representatives of the insurance company know that they are dealing with someone who is not adequately prepared and thus are unlikely to offer you fair compensation.

If you, or your loved one, have been injured in a pedestrian accident in the Northern Virginia area, it would be in your best interest to contact an experienced Virginia personal injury lawyer who will protect your rights and ensure you get the justice and compensation you rightfully deserve. Virginia has a statute of limitations that may prohibit you from filing a lawsuit if too much time has passed. Contact Parrish Law Firm, PLLC today for a FREE evaluation of your case – 571-206-0215.

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