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All auto accidents have the potential to cause serious injury. However, accidents involving automobiles and pedestrians can be particularly devastating. Victims are often left with life-changing injuries, months or years of rehabilitation, lost wages, and enormous medical bills.
At Marks & Harrison, our experienced pedestrian injury lawyers are dedicated to helping accident victims pursue maximum compensation. As one of Virginia’s largest personal injury firms, we have successfully recovered millions of dollars on behalf of our clients.
If you were hit by a driver while on foot, let our skilled legal team put its experience to work for you. We will handle your case while you focus on recovering from your injuries. Call us today for a free consultation with an experienced Charlottesville pedestrian injury lawyer.
What Are the Top Causes of Pedestrian Accidents in Charlottesville?
According to the Virginia Department of Motor Vehicles, pedestrian accidents are a serious problem throughout the state. In 2016 alone, pedestrians accounted for nearly 16 percent of car accident fatalities. Further, over 1,500 pedestrians are injured in crashes within the state year after year.
Some of the most common causes of pedestrian accidents include:
- Distracted driving – No matter the cause, distracted driving puts everyone at risk. Because pedestrians are easy to overlook and have no protection in the event of a collision, they are particularly vulnerable.
- Speeding – Drivers traveling over the speed limit must react more quickly to avoid collisions. They may not see pedestrians crossing the road in time to prevent an accident. Speeding in school zones, residential areas, parks, and other areas frequented by children is especially dangerous.
- Failure to yield – Pedestrians have the right-of-way at crosswalks and other designated intersections. Unfortunately, many drivers do not always respect this rule, thereby risking the lives of pedestrians legally crossing the road. This is particularly dangerous when turning at intersections.
- Drowsy driving – Exhausted drivers react more slowly and are more likely to make mistakes. This means they are more likely to hit pedestrians, especially when it is dark.
- Intoxicated driving – Alcohol and other mind-altering substances can decrease perception, slow reaction times, decrease inhibition, and even increase aggression. Therefore, drivers under the influence of any mind-altering substance pose a danger to themselves and others, especially pedestrians.
- Inclement weather – When driving in adverse weather, drivers should slow down and take extra precautions to protect other road users. Failure to do so often leads to tragic accidents.
- Poorly designed crosswalks and intersections – Poorly designed or placed crosswalks put pedestrians at risk of injury in an accident.
What Are the Most Common Injuries from a Charlottesville Pedestrian Accident?
The average passenger vehicle weighs about two tons — thirty times the average human body weight. This enormous weight differential explains why pedestrians often suffer catastrophic injuries when hit by motor vehicles. Even vehicles traveling at low speeds can cause serious harm to pedestrians. Common pedestrian injuries include:
- Broken bones – Pedestrian auto accidents often result in broken bones in the hands, wrists, arms, shoulders, legs, and back. Victims sometimes also suffer fractures that puncture skin and tissue around the bone (known as “compound fractures”).
- Spinal cord injury – Motor vehicle accidents are a leading cause of spinal cord injuries nationwide. Because pedestrians are usually unshielded from the full force of a collision, they are at greater risk of suffering severe spinal cord injuries. These injuries often result in paralysis and even death.
- Traumatic brain injury (TBI) – Whether caused by direct impact from a moving vehicle or by hitting the ground after the impact, a forceful blow to the head can inflict severe damage to the brain.
- Soft tissue damage – This class of injury includes lacerations, strains, sprains, tears, dislocations, and contusions. Injuries of this kind vary widely in severity. They may lead to extreme pain, permanent scarring, long-term immobility, and even death.
How to Determine Fault in a Pedestrian Accident
At-fault parties in an auto accident are liable for compensating injured parties for their losses. The process of determining who is at fault in a pedestrian accident is mostly the same as that used in other types of auto accidents.
Investigating parties evaluate evidence to establish the chain of events leading up to the crash. In many cases, fault may be shared among individuals involved in the crash. Important evidence may include:
- Police accident reports
- Photographic and video footage of the scene
- Witness accounts
- Expert reconstructions of the accident
- Medical treatment records
What Compensation Is Available for Injuries Incurred from a Pedestrian Accident?
If you were injured in a pedestrian accident, you are likely entitled to compensation. The amount of compensation will vary depending on the severity of your injuries and other losses. Among other things, the at-fault party may be liable to you for:
- Medical bills
- Lost wages due to time off work
- Reduced earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Do I Have a Time Limit to File a Personal Injury Lawsuit?
Personal injury cases are governed by statutes of limitations, laws that set a deadline after which you can no longer file a lawsuit seeking compensation in court. In Virginia, the statute of limitations is set at two years from the date of the accident.
Statutes of limitations are strictly enforced. If you miss the deadline, the at-fault party can request that your claim be dismissed. Subject to very few exceptions, a judge is likely to grant the request, thereby eliminating your chance to secure compensation in court.
Contact a Charlottesville Pedestrian Accident Lawyer for Help
If you were hit by a motor vehicle as a pedestrian, you are likely entitled to compensation. For the best chance of securing maximum compensation, do not hesitate to speak with an attorney as soon as possible.
The Charlottesville injury lawyers at Marks & Harrison has the experience and resources to handle your case from start to finish. While you focus on recovering from your injuries, let us fight for you. You pay nothing unless we win your case. Call today for a free consultation.