Richmond Virginia Pedestrian Accident Lawyer
Assisting Injured Pedestrian Accident Victims in Richmond with their Personal Injury Cases
Pedestrian accidents can occur in a variety of locations, the most common of which are traffic intersections (with or without crosswalks), parking lots, parking garages, and sidewalks that abut busy streets. Pedestrians are no match for a large car or truck, and when a motor vehicle strikes them, they are likely to fall to the ground and sustain serious injuries. The other problem for pedestrians is that they have very little protection around them, and they are directly exposed to the ground and to the vehicle striking them. Motor vehicle drivers and passengers at least have the protective covering of their motor vehicle’s shell surrounding them.
In a Richmond pedestrian accident case, the insurance company is never on your side. The insurance company is a big business, and as such, it is looking out for its own interests. Moreover, the Commonwealth of Virginia is one of the few jurisdictions in the country which still uses the antiquated law of contributory negligence. If the driver can prove that the pedestrian was also negligent, then he or she is entitled to no recovery. As a result of this law, the insurance company will do everything in its power to limit its liability exposure in a pedestrian accident case, sometimes even going so far as to deny liability altogether.
If you or a loved one has sustained injuries in a pedestrian accident, time may be of the essence in your case. The Richmond attorneys at Emroch & Kilduff are specialists in personal injury law and have settled and litigated countless pedestrian accident cases. They can assist you with recovering the monetary compensation that you need in order to be made whole in your case.
Injuries Sustained in Richmond Pedestrian Accident Cases
When a car or truck driver negligently causes a collision and strikes a pedestrian, the results can be catastrophic and deadly. Pedestrian accident victims can sustain injuries which may include the following:
- Soft tissue neck and back injuries
- Cuts and bruises
- Abrasions, scarring, or disfigurement
- Broken bones
- Traumatic brain injuries
If you are injured in a pedestrian accident, the first thing you should do is seek follow-up medical care for your injuries. This usually involves seeking treatment at a local hospital emergency room or urgent care facility. Once you have begun your medical treatment, you should contact an experienced personal injury lawyer who can assist you with your case. A Richmond pedestrian accident lawyer can recommend future treatment options to you, evaluate your claim, and submit a demand package to the at-fault driver’s insurance company on your behalf.
Distracted Driving and Richmond Pedestrian Accidents
Distracted driving can take many forms. In some cases, it involves a motor vehicle driver doing one or more of the following:
- Looking away from the road
- Listening to loud music in the car
- Roughhousing with passengers in the car while driving
- Using a cellular phone or other wireless electronic devices while behind the wheel
- Texting while driving
- Failing to obey a traffic law
- Exceeding the posted speed limit (especially in residential areas and near pedestrian intersections)
- Violating red light laws
- Disregarding traffic signs
When drivers are distracted while behind the wheel of a car, they are turning their attention away from the roadway. When drivers are distracted, they are far more likely to miss a pedestrian while backing out of a parking space or when approaching a traffic intersection where pedestrians are likely to be present.
A Note about Contributory Negligence in the Commonwealth of Virginia
When it comes to proving liability—or fault—most jurisdictions outside of the Commonwealth of Virginia have some sort of comparative negligence scheme in place. Usually, under a comparative negligence scheme, a pedestrian who is deemed partially responsible for the accident and injuries sustained can still recover some damages in the case. Under the laws of most jurisdictions, this damage number is simply reduced by the injured accident victim’s percentage of fault. For example, if the driver was deemed 85 percent at fault for the accident, and the injured pedestrian, who was walking outside of the crosswalk lines, was deemed 15 percent at-fault, then the pedestrian could still theoretically recoup up to 85 percent of the available damages in the case
In Virginia, however, if the injured pedestrian contributed even minimally to the accident (i.e. as little as 1 percent), then the accident victim is not entitled to any monetary recovery. Of course, the insurance companies are aware of this law and take full advantage of it in Richmond pedestrian accident cases. Therefore, if you have sustained injuries as a pedestrian, you should contact a Richmond pedestrian accident lawyer who can take prompt legal action for you as soon as possible. An attorney can evaluate your case and may be able to fight a liability dispute raised by the insurance company.
Call a Richmond Pedestrian Accident Lawyer Today for a Free Initial Case Evaluation and Legal Consultation
Richmond pedestrian accidents and the legal issues that arise out of them can be complex. Therefore, if you have sustained injuries in a pedestrian accident, you should not go it alone. Pedestrian accidents can result in high medical bills, lost wages, missed time from work, pain and suffering, emotional distress, mental anguish, and other serious (and potentially lifelong) damages.
The expert personal injury attorneys at Emroch & Kilduff can review your case with you and help you establish a plan of action moving forward. In some instances, that plan of action may be to try and resolve your case via settlement. In other instances, our attorneys may recommend litigation. However, you may always rest assured that you will be kept fully informed throughout the process and that all of your legal questions will be answered promptly. To schedule a free consultation and case evaluation with a Richmond, Virginia personal injury pedestrian accident lawyer, please call us today at (804) 358-1568 or contact us online.