Lynchburg Pedestrian Personal Injury Attorneys

Jan 17, 2020 | Personal Injury Lawyer Lynchburg VA | 0 comments

Can the Pedestrians be at Fault in a Car Pedestrian Accident? Lynchburg Pedestrian Personal Injury Attorneys

To the surprise of some people, pedestrians do not always have the right of way. So, because of that fact, drivers are not always at fault in auto accidents that involve collisions with pedestrians. Pedestrians can bear responsibility for the accident if they act negligently. Virginia law establishes through multiple statutes how and when pedestrians may cross streets and otherwise have the right of way. These laws are important and help towards the safety of both drivers and pedestrians.

Whose Fault is it if You Hit a Pedestrian?

There are many different factors that help determine fault in a pedestrian accident. Evidence at the scene of the accident, which includes vehicle damage, skid marks (or lack of marks), traffic controls, potential obstructions like trees and signage, or weather and road conditions. While investigating an accident, our attorneys also collect and review witness statements, phone records of the involved parties, police reports, surveillance footage, and the chemical results of the driver and pedestrian.

What Happens if You Hit a Pedestrian with a Car?

In some cases, it will be clear who is responsible for the accident. If a pedestrian suddenly and unexpectedly steps into the roadway in front of your car, then you are unlikely to be liable. Likewise, if you hit a pedestrian in a crosswalk, you are most likely to be liable for the accident. For incidents that are not as clear cut as these two examples, the police report findings will be important as they usually include important indicators in determining fault.

Can You be Sued for Hitting a Pedestrian?

In cases where the driver is clearly at fault, the pedestrian will usually be able to recover compensation from the driver’s insurance policy. In other circumstances, with comparative negligence, it will be more difficult to make a claim. Virginia has contributory negligence, which means if a party is even one percent responsible for the accident, there is a complete bar to recovery. Contributory negligence is an all-or-nothing system.

Does Car Insurance Cover Hitting a Pedestrian?

Generally speaking, your car liability insurance will pay when you hit a pedestrian when you are at fault in the accident. The bodily injury liability coverage will cover any medical expenses incurred by the pedestrian that you hit. Additionally, Virginia law also requires that in cases where the negligent driver has no insurance coverage, that the auto insurance policies covering the injured pedestrian pay the pedestrians personal injury claim against the uninsured negligent driver.

What is Negligent Pedestrian in Virginia?

Injured individuals can be accused of negligence if they violated a safety rule. Examples of this would be crossing a street at an unmarked intersection in an unsafe manner, walking while distracted, having drugs or alcohol in their system, or walking in restricted areas. Pedestrians who cause accidents not only may be unable to seek compensation for their injuries under Virginia‘s contributory negligence law, they may also be liable for any harm that a driver suffers.

Get Help from Virginia's Pedestrian Accident Injury Attorneys

Our accident and personal injury attorneys at Randall J. Trost, P.C. have helped pedestrian injury victims and their families throughout Virginia since 1982. If you or a loved one are injured in a traffic accident with a motor vehicle as a pedestrian, and your injuries are the result of the driver’s negligence, contact our office immediately after seeking medical treatment. We offer a free consultation and charge no upfront fees. We only get paid if we win!