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Fairfax County Police

RESTON, VA - Pedestrian Struck on Fieldcreek Drive

BLASZKOW LEGAL, PLLC - 5/7/24 May 7, 2024

FAIRFAX COUNTY, VA - A pedestrian was struck in Reston on Monday night, at the intersection of Frying Pan Road and Fieldcreek Drive.  The pedestrian was transported by EMS to a local hospital for what the police described as "life threatening injuries." 

The pedestrian was reported to have been on the sidewalk at the time, and was not actively crossing the road.  This suggested that the striking vehicle left the travel lanes and struck the pedestrian off of the roadway. 

No announcement has been made on what caused the striking vehicle to leave the roadway and hit the pedestrian.  The striking driver did remain on the scene, and was questions by the Fairfax County Police's Crash Reconstruction Unit. 

The road was shut down during the investigation, but has since re-opened. 

Blaszkow Legal extends its heartiest wishes to the injured pedestrian for a prompt and full recovery. 

Fairfax pedestrian accident

Pedestrian Accidents in Reston, Virginia

Pedestrian accidents are usually among the most serious cases that we handle at Blaszkow Legal. The reason for this is because of a sheer difference in mass. A pedestrian is an unprotected person, and the striking vehicle is a multi-thousand pound piece of steel and plastic, who's a dangerousness is only increased by the forces of speed. Many pedestrian accidents result in serious and catastrophic injuries, while others result in the tragic death of the pedestrian.

Investigating pedestrian strikes is an extremely complicated task. Thankfully, we have an excellent team that is trained to do just that. Our staff includes attorneys who have worked these cases for decades, and a former police officer who specialized in crash reconstruction and accident investigation. This makes us uniquely qualified to handle these cases, and to fight for people who are struggling with all of the traumas attendant after a pedestrian accident.

Identifying Insurance Coverage in Reston Pedestrian Accidents

As long as the pedestrian was not being in any way negligent, the second most important question that has to be answered is where is the pedestrian's compensation going to come from? (The first question is: was the pedestrian in any way negligent. If the answer is no, the inquiry can move forward).

Investigating applicable insurance coverage is a complicated task. The at-fault driver is the person who caused the accident, and thus responsible for it. However, the at-fault driver's insurance is very rarely sufficient to compensate an injured pedestrian. So, we have to dig far deeper than the surface:

  • Employment. Was the at fault car driver in the scope of his employment? If he was, then the liability insurance of the company or corporation that he works for may also be implicated. The negligence of an employee is imputed to an employer, through a legal concept known as respondeat superior.

  • Other Household Coverage. Someone who lives with other direct family members may be eligible for coverage under those family members' car insurance policies (as long as they are not listed as an excluded driver). This is through specific contract language known as "resident relative." However, there are very specific requirements that have to be met. Not all family members qualify. If, for example, you are just staying at your mother's house for the night, then your visit is temporary, and you are not a resident. So you would not be protected by your mother's car insurance. However, if you have moved in, and are staying with her for a few months, then indeed you are a resident relative, and that insurance coverage may protect you - and, in the case of a pedestrian strike such as this, would be a source of coverage we could obtain for the injured pedestrian.

  • Personal Assets. Sometimes insurance is not sufficient. In that case, we have to investigate the personal assets of the at-fault driver. That person may have a million-dollar home, or a huge stock portfolio. However, these things are not obtained through negotiations with an insurance company (because they are only contractually obligated to pay for their own policy limits). This has to be done through the court process, and collecting on a judgment. That means litigation would be necessary.

  • Pedestrian's Uninsured Motorist Coverage. Just because a pedestrian is walking, does not mean that the pedestrian does not own his or her own vehicle. If the pedestrian does have a car, then this is another source of coverage we can file a claim against, through underinsured motor is coverage, also called UIM. This is applicable, even though you are not driving your car, because you are involved in a motor vehicle-related incident.
    By law, this cannot make your insurance rates go up.

Have you or a loved one been hurt in a Virginia pedestrian accident?

If you have been hurt in a pedestrian accident that was not your fault, then it is extremely important for you to speak to an experienced Reston, Virginia pedestrian accident lawyer right away. The law and the insurance company are working against you. You have to preserve your rights right away. Virginia law places a very high burden on pedestrians, and the insurance companies will do anything they can to pay you as little as possible, if anything at all.

Never speak to any insurance company until you have spoken to a lawyer first! Call Blaszkow Legal today for a free consultation anywhere in Virginia - 703-879-5910

Note: When creating these blog posts, our team of writers utilizes external sources, including local and state news sources, social media platforms, police accident incident reports, state police accident reports, and at times, eyewitness accounts. Please contact us immediately if you discover any incorrect information so that we can update the post with the most current, accurate information available.

Disclaimer: This post is not a business solicitation, and none of the information provided in this blog post should be interpreted as medical or legal advice. If you have been injured in an accident, seek immediate medical attention.