Arlington is filled with pedestrian traffic. Perched on the outskirts of Washington, D.C., the Virginia city is home to around but brings in commuters from other parts of Northern Virginia and even Maryland each day. About 22 percent of Arlington residents make daily trips by walking, and an additional 10 percent use the Metro or bus to get around. No matter the method of transport, everyone is a pedestrian in Arlington at some point. And each of those pedestrians is at risk of harm if a negligent driver crosses their path.
Did you get hit by a car in Arlington? You may have grounds to seek compensation for your medical bills and other losses. Contact an experienced Arlington pedestrian accident lawyer today for a free consultation.
What are Arlington’s Pedestrian Laws?
In a recent year, Arlington was named one of the top Walk Friendly Platinum Communities, meaning that it’s a walkable place that enables people to get around on foot more easily than in other large cities in the United States. Pedestrian laws designed to reduce the number of accidents also govern road users.
Virginia Code 46.2-924 sets forth several regulations for pedestrians in Arlington:
- Pedestrians have the right-of-way when crossing a street. Drivers must remain stopped until the pedestrian has passed through their lane.
- Drivers behind the stopped vehicle cannot go around the stopped car. They must wait until the pedestrian has crossed.
- Drivers must comply with traffic signs or signals at guided intersections. Pedestrians must wait to cross an intersection until they have the appropriate sign or signal.
- Pedestrians crossing a highway have the right of way over a driver making a turn on the road.
- Pedestrians cannot disregard approaching traffic to cross or enter an intersection.
- A driver who fails to yield the right of way to a pedestrian may be subject to a $500 fine.
What are the Common Causes of Arlington Pedestrian Accidents?
Pedestrians are vulnerable to severe injuries when a collision occurs. With no protection from the direct impact of a hit, even cars traveling at slower speeds can cause significant harm.
Common causes of pedestrian accidents in Arlington include:
- Turning accident – Drivers making a turn tend to focus on other vehicles approaching and may not see a smaller pedestrian entering a crosswalk.
- Backover accident – These collisions are common in parking lots, driveways, and parking garages when a reversing vehicle backs into a pedestrian crossing behind them.
- Construction zone accidents – Highway workers near oncoming traffic could be struck by cars passing the work site.
- Child-at-play accidents – These pedestrian accidents are most common in residential areas. Children can be unpredictable, and drivers must be vigilant to avoid potentially deadly collisions.
- Failure to yield – Arlington pedestrians have the right of way in a crosswalk, but drivers may not stop due to inattention, impatience, or other negligent reasons.
- Bus accidents – Public transportation is a common feature of D.C. metro traffic. Drivers who try to squeeze by a stopped bus risk striking passengers getting off the bus. Motorists are also bound to follow Virginia laws around school buses. Failure to stop around a school bus can lead to tragic pedestrian accidents.
- Crosswalk accidents – A pedestrian may enter an intersection when the crosswalk sign is lit but not make it across before the signal flashes or the traffic light changes. Drivers who hit the gas on a green light may not notice a pedestrian in their path.
What Types of Injuries Happen in a Pedestrian Accident?
The impact of a car hitting a pedestrian can cause life-changing injuries. Cars have crumple zones that absorb much of the force from a collision and airbags to cushion the blow to occupants. Pedestrians have none of these protections and may suffer catastrophic injuries as a result.
Some of the most common pedestrian accident injuries include:
- Traumatic brain injury (TBI)
- Spinal cord injury/paralysis
- Broken bones
- Soft tissue injuries
- Crush injuries
- Amputation
- Burns from contact with hot metal
- Road rash
Recovery from a pedestrian accident can be lengthy. Some injuries have consequences that last a lifetime. Others are fatal. In a recent year, the (NHTSA) estimated that more than 7,000 pedestrians died in accidents on U.S. roads. Contact an Arlington pedestrian accident lawyer today.
Do I Have to Prove Negligence to Recover Compensation for My Injuries?
Yes. To successfully secure a settlement or award from a pedestrian accident lawsuit in Virginia, you must prove the driver who hit you acted negligently. State law says all drivers have a duty to act in a way that keeps other road users reasonably safe. Your attorney must gather evidence showing the driver acted carelessly or endangered others through some action or omission, such as texting while driving, running a stop sign, or failing to yield.
The evidence must also prove you suffered injuries and/or financial losses due to the driver’s negligence. Get in touch with one of our Arlington pedestrian accident attorneys now.
What is Required to Prove Negligence?
Building a solid pedestrian accident claim starts with an investigation. An attorney will review the facts of the case to determine what went wrong and identify all liable parties.
Examples of evidence to prove your pedestrian accident case might include:
- Medical records
- Police accident report
- Toxicology test results
- Cell phone data
- Photographs and video from the accident scene
- Traffic camera or business surveillance footage
- Witness statements
- Expert testimony
These may be one of many pieces of evidence that your lawyer will use to support your case. Their investigation could lead to a wide variety of other kinds of evidence that could demonstrate the driver’s liability in your case.
Keep in mind that drivers may not be the only liable party in a pedestrian accident claim. For example, if missing signage, a malfunctioning traffic light, or overgrown shrubbery contributed to the accident, an injured pedestrian may be able to hold the government entity responsible for maintaining them liable for the accident, too. A pedestrian accident lawyer can help.
Is the Driver of the Vehicle Always at Fault for a Pedestrian Accident?
In most cases, the driver who hits a pedestrian is responsible for the collision. However, there are situations in which the pedestrian may share the blame. Drivers must look for pedestrians in crosswalks and intersections, but pedestrians who engage in unlawful acts like jaywalking or ignoring traffic signals could be considered negligent in a personal injury claim.
In these cases, the other driver may claim that you didn’t look for oncoming traffic before crossing the street or were crossing against the posted traffic signs or signals. If the insurance company finds you contributed to the accident in any way, they could deny your claim. In Virginia, you cannot recover compensation if you are considered even one percent at fault for an accident.
What Damages Can I Receive in a Pedestrian Accident Claim?
Pedestrian accident victims in Virginia may pursue compensation for several kinds of losses.
Some losses from a pedestrian accident are objective and have a fixed value, including:
- Past, present, and future medical care, like a hospital stay, surgery, or medications
- Rehabilitation, like physical, speech, or occupational therapy
- Lost wages from time missed at work
- Loss of future earnings
- Vocational retraining, if you need training or certification to get a job that accommodates an accident-related disability
- Long-term care expenses
Losses in a personal injury suit don’t always have a specific price tag. Virginia law permits victims to seek compensation for non-economic losses. These intangible losses may not have an objective dollar amount but are still valuable.
Arlington pedestrian accident victims can demand compensation for non-economic losses like:
- Pain and suffering
- Emotional trauma or mental anguish
- Inconvenience and/or embarrassment
- Lost enjoyment of life
Is There a Deadline for Filing an Arlington Pedestrian Accident Lawsuit?
Virginia Code § 8.01-243 sets a two-year statute of limitations for filing a personal injury lawsuit to pursue compensation after a pedestrian accident. If you miss the deadline, you lose your right to seek compensation in court.
There are limited exceptions that could shorten or lengthen the limitations period for your case. An Arlington pedestrian lawyer can determine the deadline and ensure all paperwork is filed on time and correctly, avoiding costly delays that could jeopardize your claim.
Contact an Arlington Pedestrian Accident Lawyer
Obtaining maximum compensation after a pedestrian accident is essential to help restore your sense of financial security and personal well-being. But dealing with the insurance company and navigating Virginia’s harsh negligence laws can quickly put your case in jeopardy without guidance from a skilled attorney. Contact the Arlington personal injury attorneys at Marks & Harrison today for a free consultation with an Arlington pedestrian accident lawyer.
