Pedestrians who have been hit by cars in Virginia may have strong claims for financial restitution in court against the at fault drivers who struck them. Before pursuing such a claim, however, pedestrians will have a lot of questions. Two of the most common questions that personal injury attorneys hear about pedestrian accidents are “What are the first things I should do after my pedestrian action accident and what if I am partly at fault for the crash?”
Here are the first things you should do following your pedestrian accident. First, write as much down about the accident as you can, including information about your injuries, the events leading up to the accident and notes from your conversations with witnesses. Also, save the contact information of witnesses. Second, save any and all evidence relating to who may be at fault for the accident, including photographs, broken pieces of vehicles, bloodied clothing and more. Third, notify any and all persons who may be at fault for the crash and tell them that you intend to file a claim for damages.
Here is what you need to know about who is at fault for the accident. Even if you believe that you are at fault for your pedestrian accident, the law may see it differently. Indeed, pedestrians often have the right-of-way in traffic, and Virginia drivers are required to yield to them. However, in cases where a pedestrian darted out into traffic, the pedestrian might also be at fault. Sometimes, fault is divided 50-50 between the driver and the pedestrian. In these types of cases, the pedestrian may be able to recover financial compensation from the driver, but the level of financial compensation will be reduced to reflect the pedestrian’s shared fault in the matter.
Virginia residents injured in pedestrian accidents will likely have more than these two questions to ask their personal injury attorneys. Always remember that seeking professional assistance is advised before any type of legal action is pursued and before any agreement to settle a potential lawsuit is made.
Source: FindLaw, “Pedestrian accident FAQ,” accessed March 25, 2016