Pedestrian accidents are sudden and can be catastrophic. One minute, you’re walking the streets of Fairfax, and the next, you’re lying on the ground in agonizing pain. Unfortunately, the accident itself is only the start of your worries. You may face expensive medical bills, a lengthy recovery, weeks away from work, and possible permanent injuries.
The Fairfax pedestrian accident lawyers at Marks & Harrison know how challenging it is to recover from the severe injuries these incidents cause. We can protect your rights, guide you through the recovery process, and pursue fair compensation for your injuries. For more than 100 years, our firm has defended the rights of Virginia’s injured and represented them with compassion and integrity.
With over two dozen pedestrian accident attorneys on staff and a large support team, we have the resources to tackle the most challenging cases. Contact us today for a free consultation.
Fairfax Pedestrian Accident Statistics
The Fairfax region has seen an alarming increase in pedestrians killed in traffic crashes. With 56 deaths, the Virginia Department of Motor Vehicles (DMV) notes an over 50 percent increase in pedestrian fatalities in the region over just one recent year. This increase particularly affects pedestrians, with all traffic fatalities only increasing three percent.
Statewide, the Virginia Department of Transportation (VDOT) reported over 8,000 pedestrian crashes in a five-year period. Fairfax County also reports that there were more pedestrian fatalities than homicides on the county’s streets in another recent year. Although the county is working to improve safety for pedestrians, there is still a high risk of being involved in a pedestrian accident in Fairfax.
What Are the Most Common Pedestrian Accident Injuries?
Pedestrians involved in collisions with motor vehicles frequently sustain severe injuries because they have little protection against a multi-ton car or truck.
Some injuries that can result from Fairfax pedestrian accidents include:
- Broken or fractured bones
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Lacerations, abrasions, and contusions
- Internal bleeding
- Sprains and strains
- Dislocated joints
- Concussions
- Crush injuries
The impact of these injuries can be far-reaching, as they often require extensive medical care and rehabilitation. If you have suffered from any of these injuries due to a pedestrian accident in Fairfax, it’s essential to seek experienced legal representation from one of our Fairfax pedestrian accident lawyers right away.
What Are Common Causes of Pedestrian Accidents in Fairfax?
Fairfax is a bustling city with a mix of cars, bikes, and pedestrians sharing the roads. While most people traverse the city streets without issue, accidents happen.
Some common causes of pedestrian accidents in Fairfax include:
- Distracted driving – Whether it’s texting, adjusting the radio, or talking on the phone, drivers who don’t pay attention to the road can easily overlook pedestrians.
- Speeding – High speeds reduce a driver’s reaction time and increase the severity of accidents when they collide with pedestrians.
- Failure to yield – At crosswalks and intersections, some drivers fail to give the right of way to pedestrians, leading to dangerous situations.
- Impaired driving – Driving under the influence of alcohol or drugs severely affects a driver’s judgment and reaction time, making pedestrian accidents more likely.
- Poor visibility – Accidents can occur in conditions like heavy rain, fog, or nighttime if drivers aren’t cautious or if streetlights are inadequate.
- Reckless or aggressive driving – Drivers who make abrupt lane changes, ignore traffic signs, or follow too closely can endanger pedestrians.
- Inadequate road infrastructure – Missing crosswalks, faded pedestrian walkway markings, or poorly designed intersections can contribute to accidents.
- Backing up – Accidents can occur in parking lots or driveways when drivers don’t check their surroundings before reversing.
Does Fairfax Have Laws for Pedestrians?
There are a few Virginia laws pedestrians in Fairfax should know, as they can significantly impact a personal injury claim. Virginia Code § 46.2-923 says pedestrians should not carelessly or purposefully interfere with traffic when crossing the street. That same law says pedestrians should cross at intersections or marked crosswalks whenever possible. Virginia Code § 46.2-926 says pedestrians should not enter traffic from a position where approaching drivers cannot see them.
At the same time, drivers must watch out for and avoid hitting pedestrians. Virginia Code § 46.2-924 says drivers must stop when any pedestrian crossing the street is within the driver’s lane or an adjacent lane. This rule applies to marked crosswalks, other pedestrian crossings, and any intersection where the speed limit is 35 mph or less.
Our Fairfax pedestrian accident attorneys can review your case and tell you what laws might apply to your situation. Contact our Fairfax personal injury lawyer today.
What Should I Do If I Am Struck by a Car as a Pedestrian?
The moments following a pedestrian accident are both frightening and disorienting. You’ve likely called 911 and maybe even received emergency medical treatment. If you haven’t seen a doctor yet, do so now. But even after leaving the accident scene to seek medical treatment, it’s essential to take steps to protect your rights.
Here’s what you need to do after a pedestrian accident in Fairfax:
- Follow your doctor’s orders – Always prioritize your health after a collision. Follow your doctor’s prescribed treatments to the letter, as not following her advice could jeopardize your injury claim.
- Keep a personal record – Write down everything you remember about the accident as soon as possible. Make sure you note the time, location, weather, and any other relevant details, such as hazards on the road or the driver’s actions.
- Avoid discussing fault – When speaking to insurance adjusters or the other driver, never admit fault or discuss details of the accident. They can use anything you say against you later on.
- Notify your insurance – While you may not be at fault, you should inform your insurance provider about the accident. However, when notifying your insurance about the accident, stick to the basic facts of the accident.
- Keep receipts and documents – Save copies of medical bills, prescriptions, and any other related expenses. These documents are crucial in establishing the accident’s financial impact.
- Contact a pedestrian accident attorney – A knowledgeable lawyer can guide you through your claim to help you seek the compensation you deserve.
By following these steps, you position yourself for a fair resolution to your claim – which can ensure your physical and financial well-being are taken care of.
What Is Needed to Prove Fault in a Pedestrian Accident?
Proving fault is a pivotal aspect of any pedestrian accident claim. Evidence is essential to establishing liability and ensuring rightful compensation.
Here are some common types of evidence that could be used in pedestrian accident claims:
- Police report – An official report can detail the circumstances of the accident and may include an officer’s observations that may determine fault.
- Medical records – These documents highlight the extent and nature of your injuries, tying them to the accident.
- Witness testimony – Statements from those who saw the accident can provide a neutral account of how the accident occurred.
- Surveillance footage – Cameras from nearby businesses or traffic intersections might capture the incident, providing visual evidence of the collision.
- Vehicle damage – The condition and damage to the involved car can indicate the force and direction of impact.
- Driver’s statements – The driver’s remarks at the scene or afterward can help establish negligence or fault.
- Accident reconstruction – Specialists can recreate the accident scene to determine the sequence of events.
- Photos of the scene – While not always possible post-accident, images can show road conditions, traffic signs, and other relevant details.
- Cell phone records – These might indicate whether the driver was distracted during the accident. For example, he may have been texting or browsing the internet while driving.
With this kind of evidence, building a strong case becomes more feasible, increasing the chances of obtaining just compensation.
Can I Be Compensated for My Injuries?
Pedestrians who have suffered injuries due to a crash may have the right to seek compensation. But to recover compensation, you must prove that the driver or another party caused the accident and your resulting injuries.
After establishing liability, injured pedestrians in Virginia can claim compensation for a variety of losses, including:
- Medical bills
- Rehabilitation costs
- Future medical expenses
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
Understanding your rights and the types of compensation available to you after a pedestrian accident is crucial. Consulting with a skilled attorney can help ensure your settlement addresses all your losses from the collision. Contact our Fairfax car accident lawyer today.
Is There a Time Limit for Filing a Fairfax Pedestrian Accident Claim?
Virginia Code § 8.01-243 allows two years from the date of a pedestrian accident for an injured person to file a lawsuit. If you miss this deadline, you will lose your right to pursue compensation in court.
While two years is the official deadline for filing a pedestrian accident lawsuit in Virginia, it’s best to contact an attorney as soon as possible after a crash. Essential evidence can disappear or deteriorate within days or weeks. You only have one shot at recovering compensation. Acting quickly after a pedestrian accident gives you the best possible chance of claiming the money you need.
Contact a Fairfax Pedestrian Accident Lawyer
A pedestrian accident is a devastating blow, but it does not have to define your life. With help from a dedicated personal injury lawyer, you can demand the money you need to rebuild your life and put this incident behind you. Call Marks & Harrison today or reach out online for a free case review.
