Pedestrian accidents happen when people on foot are hit by motorists who are distracted, careless, or downright reckless. Sadly, these incidents occur too frequently in Vienna due to the many congested roadways in the Northern Virginia Metropolitan Area. In most cases, pedestrians experience severe, life-threatening injuries as a result of these accidents. To make matters worse, the laws surrounding these types of claims are difficult and confusing.
If you or someone you love was injured in a pedestrian accident, reach out to Portner & Shure, P.A. right away to learn how we can help. For more than 30 years, our Vienna pedestrian accident lawyers have been successfully fighting for the rights of injured individuals throughout Virginia. We have the experience, resources, and skill to fight for the fair recovery you deserve.
Call us today at or contact us online to request a free and confidential consultation.
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur at intersections, on busy streets, in unmarked street crossings, in crosswalks, and in pedestrian pathways. These collisions often occur because of a driver’s failure to maintain a proper lookout. Along with this, distracted drivers who fail to obey traffic signals or who travel above the speed limit can cause devastating collisions with individuals on foot.
Some of the common causes of pedestrian accidents include:
- Distracted driving, such as texting while driving
- Drunk driving
- Speeding
- Failing to yield the right-of-way
- Violating traffic laws/rules of the road
- Fatigued driving
- Failing to stop at red lights or stop signs
- Failing to obey traffic control devices
Laws Regarding Pedestrian Accident Cases in Virginia
Virginia law requires automobile drivers to operate their vehicles in a reasonably safe manner. Additionally, automobile drivers must pay attention to their surroundings. The Commonwealth of Virginia also has specific laws with regards to pedestrians.
Pedestrians are required to use sidewalks whenever available or, if a sidewalk is not available, they should walk on the left side of the road. When crossing a roadway, pedestrians should, if possible, cross only at intersections or marked crosswalks. Additionally, pedestrians are required to obey traffic control signals and are not permitted to walk into the roadway from a place that they cannot to be seen. Finally, like motorists, pedestrians are also required to observe their surroundings. These laws provide several defenses to automobile drivers in pedestrian collision cases.
Litigation & Defenses in Pedestrian Accident Claims
The person bringing a personal injury case must prove all elements of their case by a preponderance of the evidence, i.e., 51%. In a pedestrian collision case, the victim must prove that the automobile driver caused the collision and injured them. Accordingly, the location of the collision and the facts surrounding it are important.
Virginia is one of four states that continues to follow the defense doctrine of contributory negligence. Under this doctrine, a personal injury victim is precluded from recovering anything if the at-fault party provides evidence showing that the victim acted negligently and that the victim’s negligence contributed to their injuries. The laws and facts surrounding a pedestrian collision offer fertile grounds for a defense of contributory negligence.
Automobile drivers frequently claim that a pedestrian was distracted or walked into traffic with a “do not walk” signal displaying. Accordingly, in order to build a successful case, a thorough review of the facts is required. As such, an injured pedestrian should seek the services of a knowledgeable Vienna pedestrian injury lawyer.
Injuries & Damages in Pedestrian Accident Claims
Pedestrian collisions often result in severe and painful injuries. Common injuries include:
- Back injuries
- Broken ribs
- Broken arms
- Concussion
- Brain injuries
- Spinal cord injuries
These injuries may have permanent effects, such as lifelong pain and loss of function or mobility. These injuries usually require emergency medical treatment and surgery. Depending on the severity of the accident, these injuries may have permanent effects that may result in a victim being unable to work.
Under the law, pedestrian accident victims can seek compensation for both economic and non-economic damages. This may include things like medical bills, lost wages, pain and suffering, disability, and more.
Turn to the Attorneys at Portner & Shure, P.A. Today
For more than 30 years, the Vienna pedestrian accident attorneys at Portner & Shure, P.A. have been successfully representing victims of devastating pedestrian accidents. We understand the unique challenges you and your family face, and we know how to help you fight back against insurance companies’ tactics to dispute, devalue, or deny your claim.
Over the years, we have earned a reputation for aggressive advocacy. Insurance companies know that we do not back down from even the toughest of cases, and we have the awards and track record to prove it. Our commitment to exceptional client services can be seen in the numerous five-star reviews from our past and current clients.
When you choose Portner & Shure, P.A., you do not owe any attorneys’ fees unless we successfully secure a settlement or verdict on your behalf. We also offer free initial consultations, so there is no risk in you speaking to our team about your potential case.
