Pedestrian Accidents Attorney in Fredericksburg
Fredericksburg pedestrian accidents are oftentimes the source of serious—and many times catastrophic—personal injuries. Pedestrian accidents commonly take place at crosswalks and intersections, on sidewalks, and in parking garages and parking lots. When a motor vehicle strikes a pedestrian, particularly at a high rate of speed, the consequences can be serious and even deadly, in some cases. If you or someone you love has sustained serious injuries in a pedestrian accident that was caused by a negligent motor vehicle driver, you may be eligible to recover monetary compensation in your case under Virginia law. The Fredericksburg personal injury experts at Emroch & Kilduff can discuss the facts and circumstances of your individual case with you and help you pursue the monetary compensation that you need.
In Fredericksburg pedestrian accident cases, as with all personal injury cases, there are certain time deadlines which apply. Arguably the most important time deadline in a personal injury case is the statute of limitations deadline. In Virginia, a claim or lawsuit for personal injuries and damages—including those arising out of pedestrian accidents—must ordinarily be brought within two years of the date of the accident. Absent some extraordinary and rarely applied circumstances, if a claim or lawsuit is not brought within that statutory time period, the accident victim will be forever barred from filing a claim or lawsuit for monetary damages arising out of the pedestrian accident.
If you have sustained injuries in a pedestrian accident, you should not delay in seeking legal representation in your case. This is because several individuals or entities may need to be named as defendants in the case, and your attorney will need sufficient time to seek out and name those persons or entities. For example, if the driver of the at-fault vehicle is different from the owner, your attorney will need time to find this information out and name the appropriate individual(s). Failing to name a potentially responsible party until after the statute of limitations has already expired will almost certainly result in a Motion to Dismiss filed against that defendant. This, in turn, can result in an insufficient amount of insurance coverage available when it comes time to settle or litigate your case.
Since pedestrians do not have a car body surrounding them or an airbag or seatbelt restraining them, injuries and damages sustained in pedestrian accidents are oftentimes severe and longstanding. One of the most common causes of Fredericksburg pedestrian accidents is distracted driving, which can take many forms. In some cases, distracted driving is as simple as diverting one’s attention away from the road, listening to loud music in the car, “rough housing” or fighting with passengers in the car, or talking to passengers in the car while driving. Distracted driving can also involve handheld cellular phone use or texting while driving. For example, all Virginia drivers—regardless of their age—are prohibited from texting while driving.
When drivers are engaged in cell phone calls or text messaging while behind the wheel of a car—and especially while they are near pedestrian crossings and intersections—they are diverting their attention away from their driving, which should be their sole responsibility at that time. A driver’s one and only priority should be driving safely and taking all of the necessary measures to avoid colliding with pedestrians or other vehicles. When drivers are distracted and collide with pedestrian bystanders, the results can be catastrophic and deadly.
Negligent driving in Fredericksburg pedestrian accident cases usually includes one or more of the following offenses:
- Disregarding common traffic signs, including stop signs, yield signs, and other signs along roadways and at pedestrian crosswalks and intersections
- Disobeying or disregarding traffic control devices, including traffic lights and blinking ‘caution’ lights at traffic and pedestrian intersections
- Exceeding the posted speed limits in parking lots and garages where pedestrians are likely to be present
- Negligently pulling out of parking spaces or failing to look in the rearview or side view mirror prior to pulling out
- Disregarding other Virginia Rules of the Road as they pertain to pedestrian right-of-way laws
Drunk or Impaired Driving
All too often, drivers get behind the wheel of a motor vehicle after they have had too much to drink. They may convince themselves that their driving abilities are not impaired or that they have a high “alcohol tolerance.” Whatever their reasoning, the results can be catastrophic and sometimes deadly—most especially when it comes to collisions with pedestrians. In Virginia, a driver may not operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, for individuals who are 21 years of age or older. Drunk driving puts everyone on or near the roadway, including pedestrians, at serious risk.
Contact a Fredericksburg Pedestrian Accident Lawyer Today for a Free Initial Case Evaluation and Legal Consultation
In order to prove negligence in a pedestrian accident case, you must be able to show that the at-fault driver behaved in an unreasonable manner. Injuries sustained in pedestrian accident cases can be severe, and may result in extremely high medical bills, not to mention lost wages, mental anguish, emotional distress, and lost quality of life. Those injuries may include fractures and broken bones, soft tissue injuries, traumatic brain injuries, and spinal cord injuries, to name a few.
The expert personal injury lawyers at Emroch & Kilduff can review your case and make a recommendation about how to move it forward. During the settlement negotiation process, it is important to keep in mind that the at-fault driver’s insurance company is never on your side in a personal injury case. Given Virginia’s stringent laws, the insurance company will do everything it possibly can to deny or limit your personal injury recovery in a pedestrian accident case. Therefore, you need a skilled team of attorneys on your side representing you throughout your case. To schedule a free consultation and case evaluation with a Fredericksburg, Virginia personal injury pedestrian accident lawyer, please call us today at (804) 358-1568 or contact us online.