The legal options for a pedestrian hit by a car in Virginia depend on several factors. These include who caused the crash, the driver’s insurance coverage, and the nature of the injuries involved.
Pedestrians don’t have a steel frame protecting them like drivers do. When a car hits someone walking, the injuries can be serious, and in some cases, life-altering. Virginia law gives injured pedestrians the right to seek compensation for what they’ve lost, including medical costs, income, and more.
Knowing where to turn and what steps to take can make a major difference in your recovery and your legal claim. If you or someone you care about got hit by a car while walking, reach out to a Virginia pedestrian accident attorney near you for a free consultation.
What should you do immediately after being hit by a car?
The minutes after a car hits you may feel like a blur. You might be in pain, confused, or unsure of what just happened. But what you do right after the crash matters. These steps help protect your health, your rights, and your ability to seek compensation later.
Seek medical attention first
Even if your injuries seem small, get checked out by a doctor. Some serious problems, like concussions or internal bleeding, might not show up right away. If you wait too long, the insurance company might argue that your injuries weren’t related to the crash. Getting medical care right away also creates a record that links the crash to your injuries.
Document the accident scene
If you’re able, take pictures or videos of the scene before anything changes. Photograph where the crash happened, any damage to the vehicle, tire marks, nearby signs, and anything else that shows what happened. If you can’t do this yourself, ask someone nearby for help.
Report the incident to the police
Always call the police and wait for them to arrive. Their report will include details like the driver’s name, insurance info, and what both sides said about how the crash happened. A police report can be a key piece of evidence in your claim.
Gather witness information
If anyone saw the crash, ask for their name and contact info. Witnesses can help back up your version of what happened. Independent witnesses, people who don’t know you or the driver, can be especially helpful if there’s a dispute about fault.
Contact your insurance company
Even if you weren’t driving, your car insurance policy might help. Virginia drivers often carry uninsured or underinsured motorist coverage. That can apply to you as a pedestrian. Report the crash to your insurance company as soon as you can, even if you’re not sure how coverage applies.
Your legal rights as a pedestrian in Virginia
Virginia law protects pedestrians, but drivers don’t always follow the rules. Knowing your legal rights helps you respond when someone else’s carelessness causes you harm.
Virginia pedestrian laws and driver responsibilities
Drivers must look out for pedestrians, especially near crosswalks, intersections, schools, and neighborhoods. The law requires drivers to operate their vehicles with reasonable care and watch for anyone crossing or walking near the road.
Right-of-way rules and crosswalk regulations
Pedestrians generally have the right-of-way when crossing at marked crosswalks or intersections without signals. When crossing mid-block or outside a crosswalk, pedestrians must yield. However, drivers still must do everything they reasonably can to avoid hitting someone.
When drivers must yield to pedestrians
Drivers must stop for pedestrians in marked and unmarked crosswalks when the pedestrian is on the same side of the road or approaching closely from the opposite side. Drivers turning left or right must yield to pedestrians lawfully crossing the street.
Common violations that lead to pedestrian accidents
Common driver mistakes include:
- Failing to stop at a crosswalk
- Speeding through intersections
- Making unsafe left or right turns
- Texting or using a phone while driving
- Driving under the influence
These actions often leave the pedestrian with serious injuries, while the driver walks away unharmed.
What types of compensation can you recover?
When someone else’s actions caused your injury, you can seek compensation to cover your losses. Every case is different, but here are the main categories of damages you might be able to claim.
Medical expenses and future treatment costs
You can recover the cost of emergency care, doctor visits, surgery, physical therapy, prescriptions, and more. If your injuries will require future treatment, those expected costs can be included in your claim.
Lost wages and diminished earning capacity
If you missed work because of the crash, you can recover your lost income. If your injuries keep you from returning to your old job or limit your ability to earn in the future, that difference can be included in your claim as well.
Pain and suffering damages
This covers the impact the crash had on your life, including pain, discomfort, lost sleep, anxiety, or lost enjoyment of activities you once loved. These damages aren’t tied to specific bills, but they still matter.
Property damage and personal effects
If the crash damaged anything you were carrying or wearing, such as a phone, watch, glasses, or clothing, you can ask for the cost of replacing those items.
Rehabilitation and therapy costs
You might need occupational therapy, mental health counseling, or other long-term support after the crash. These services can also be included in your claim.
Filing an insurance claim vs. pursuing a lawsuit
Most pedestrian accident claims start with an insurance claim, but not all end there. Some settle fairly, and others do not. When the other side refuses to offer a fair amount, your attorney can file a lawsuit.
Working with the at-fault driver’s insurance company
Virginia requires drivers to carry minimum liability insurance. That coverage is supposed to pay for injuries the driver causes. After the crash, you or your attorney will send a demand to that insurance company.
When insurance settlements may not be adequate
Sometimes, the insurance company refuses to pay a fair amount. They might try to blame you for the crash, minimize your injuries, or claim your treatment wasn’t necessary. If they won’t treat you fairly, the next step is filing a lawsuit.
Timeline for filing a personal injury lawsuit in Virginia
Virginia gives injured pedestrians two years from the date of the accident to file a lawsuit. After that deadline passes, the court can throw out your case.
If someone dies as a result of a pedestrian accident, their family has two years to file a wrongful death claim.
Pros and cons of each legal option
An insurance claim can be faster and less costly, but only if the insurer makes a fair offer. A lawsuit might take more time but gives you the chance to present your case in court if needed. Your attorney can help you weigh both options.
How do you prove fault in a pedestrian accident case?
Proving that the driver was entirely responsible is key in Virginia. That requires evidence, documentation, and preparation. A pedestrian accident attorney can guide the process and build a strong case on your behalf.
Gathering evidence from the accident scene
Photos, videos, tire marks, vehicle damage, and the location of injuries can all help show how the crash occurred. An attorney can collect, organize, and preserve these pieces of evidence early on.
Using traffic camera and surveillance footage
Cameras on traffic lights, businesses, or nearby homes may have captured the crash. That footage can be powerful proof. Attorneys can act quickly to request and secure video before it gets deleted.
Obtaining police reports and citations
Police reports often contain useful details and may note whether the driver got a ticket. That information can support your claim and help show the driver broke the law.
Working with accident reconstruction experts
Sometimes the cause of the crash isn’t immediately clear. Accident reconstruction experts use physics, math, and data to explain what happened. Their reports and testimony can carry weight in negotiations or court.
Interviewing witnesses and gathering testimonies
Witnesses may have seen the driver speed, run a red light, or hit you in a crosswalk. Attorneys know how to interview them, gather signed statements, and prepare them to testify if needed.
Common causes of pedestrian accidents in Virginia
Many pedestrian accidents share similar causes. Drivers often act carelessly or ignore safety rules, and pedestrians pay the price.
- Distracted driving and cell phone use: Drivers texting or looking at their phones may not see someone crossing until it’s too late.
- Failure to yield at crosswalks and intersections: Some drivers speed through or roll past stop signs, even when someone is already in the crosswalk.
- Speeding in residential and school zones: Higher speed reduces reaction time and increases the chance of serious injury.
- Drunk or impaired driving incidents: Alcohol and drugs affect judgment and slow reaction time, putting everyone on the road in danger.
- Poor visibility and weather conditions: Drivers must adjust their behavior in fog, rain, or darkness. Failing to do so increases crash risk.
What if the driver was uninsured or underinsured?
Sometimes, the driver who hit you doesn’t have enough insurance, or any at all. That doesn’t mean you’re out of options. You may still have ways to recover compensation.
Virginia’s uninsured motorist coverage requirements
Virginia requires insurance policies to include uninsured and underinsured motorist (UM/UIM) coverage unless the policyholder opts out in writing. This coverage can help pay for your losses if the driver didn’t have insurance or didn’t have enough.
Your own insurance policy options
Your car insurance policy may cover you even if you weren’t driving. UM/UIM coverage often applies when you’re walking, biking, or riding a scooter. An attorney can review your policy and help you file the right claim.
Alternative recovery methods
Other options might include suing the driver personally, looking into third-party liability (like a poorly designed intersection), or pursuing coverage through a household family member’s insurance.
Hit-and-run accident scenarios
If the driver fled the scene, your uninsured motorist coverage may apply. You should report the crash to police immediately and give your insurer as much information as possible.
How our attorneys can help
Pedestrian accident claims involve a lot of steps, and it’s hard to know what to expect. That’s where we come in.
- Free case evaluation and consultation process: We’ll listen to your story, review your situation, and explain your options at no cost.
- Investigation and evidence gathering services: Our legal team gathers police reports, video footage, witness statements, and more.
- Negotiation with insurance companies on your behalf: We deal with adjusters so you don’t have to. You focus on healing while we handle the back and forth.
- Litigation support and courtroom representation: If a lawsuit becomes necessary, we’re ready to take your case to court.
- No fee unless we recover damages for you: We won’t accept attorney fees unless we obtain compensation through settlement or verdict.
- Experience with Virginia pedestrian accident laws: We know the local laws, courts, and insurance companies and use that knowledge to build strong cases.
- Resources for medical treatment and case support: We can connect you with providers and help document your injuries and recovery.
Frequently asked questions
What if the driver claims I was jaywalking when the accident occurred?
Drivers and their insurance companies often try to shift blame to avoid paying. Even if the driver claims you were jaywalking, that doesn’t automatically make you responsible for the crash. An attorney can investigate the scene, gather witness statements, and use traffic laws and available evidence to push back against unfair blame. Don’t assume the driver’s version is the final word. Legal help can make a real difference.
Can I still recover damages if I don’t have health insurance?
Yes. Your medical bills can still be included in your claim even if you don’t have insurance.
What should I do if the insurance company offers me a quick settlement?
Talk to an attorney before accepting. Quick offers are often too low and may not cover your long-term needs.
How much does it cost to hire a pedestrian accident attorney?
At Allen & Allen, we don’t charge upfront. We only collect a fee if we recover compensation for you.
What if the accident happened on private property?
You may still have a case. Liability depends on the specific facts and location. An attorney can investigate and help you determine your options.
Let our Virginia pedestrian accident lawyers help
If you got hurt walking and someone else caused the crash, you don’t have to handle this alone. The attorneys at Allen & Allen know how to fight for people who’ve been wronged. We take each case personally, and we’ll do all we can to help you recover the maximum compensation possible.
Our firm has served Virginians for over a century. We know the law, the process, and what it takes to build a strong case. Contact us today for a free consultation. There’s no risk, no upfront cost, and no fee unless we help you recover compensation.