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Car About to hit a Pedestrian on Crosswalk

Your Rights as an Injured Pedestrian

Blaszkow Legal, PLLC May 3, 2023

Injured While Crossing the Street?

Find out What a Pedestrian Law Attorney in Alexandria, VA Can Do for You

In congested cities like Washington, DC, Alexandria, Woodbridge, Arlington, and more crossing the street can be difficult, and even dangerous. A person can be struck by a vehicle while walking with the pedestrian light and within the crosswalk. Often, these incidents are caused by speeding drivers, drivers trying to run the light, drivers turning while not looking out for pedestrians, and drivers using their cell phones instead of watching the road. While you as a pedestrian have a duty to cross the street safely and properly, motorists always have a duty to look out for pedestrians and to yield accordingly.

Being injured as a pedestrian is very traumatic, and can result in very severe injuries - and some of those injuries could be life-threatening. It is very important to have an experienced accident lawyer working for you so that you can focus on what is most important - getting well and getting back to how you lived your life before the accident.

Contact the Alexandria Injury Attorney now to get experienced, aggressive help with your accident.

See what one of our pedestrian-clients had to say.

What Do We Have to Prove?

Virginia, as well as DC and Maryland, follow a legal doctrine called contributory negligence. This means that if the injured person is 1% responsible, he or she cannot recover as a matter of law, even if the other person was 99% responsible!

There is a common misconception that "pedestrians always have the rightaway." This is not true. A pedestrian has to cross a street with due care and regard, and when it is safe to do so. This means using crosswalks (when available), not crossing against a light, and always looking both ways.

As your attorneys, we have to prove that the person who hit you is at fault. We do this through immediate investigation of the incident. Our investigator will go out to the scene of the incident, and begin to review the scene and explore it for the evidence that will prove your case. The best evidence is camera footage, and cameras are almost everywhere these days. We also look for witnesses who saw the crash, or who might have from nearby businesses, bus stops, stores, etc. We take statements from everyone with even a little bit of knowledge, because what seems miniscule now can make, or break, a case later on.

If You Are the Victim in A Pedestrian Accident, You Have the Right to Recover Your Damages.

Damages is a legal term meaning the individual elements that make up what you can claim.

  • The cost of your medical treatment, regardless of what any insurance company has paid

  • The time you have missed from work (including sick or vacation leave, if used)

  • Your lost earning capacity, if you cannot return to work (or to the same position)

  • Any disfigurement

  • Permanent injury, such as scarring

  • Your pain and suffering

  • Inconvenience and imposition

  • Loss of enjoyment in your hobbies, passions, and life itself

Why Should I Get an Attorney Right Away, Especially if I'm Still in Treatment?

Many insurance companies advise their insureds to call them right away after accidents, and this includes pedestrian accidents (if the pedestrian has personal car insurance). The insured usually cooperate because, after all, it is the insurance they pay for. Right?

Yes - but their assistance can very quickly become adversarial. In an instance where a pedestrian is struck, and the injuries are, or could be, severe, there is a very real chance that the striking vehicle's coverage may not be sufficient to pay your full damages. At that point, a claim for under-insured motorist benefits (UIM) can be made, and this is where the friendly insurance company turns adversarial. You may have a right to those benefits - after all, you have paid for them!

Remember that you should never talk to insurance before you have spoken to a lawyer.

How Can the Alexandria Injury Attorney Help Me?

Having a dedicated and knowledgeable accident attorney on your side from the very start can help you navigate such complex legal issues - remember, insurance companies work for themselves, and their stockholders. The Alexandria Injury Attorney works for you!

The Alexandria Injury Attorney has been representing injured pedestrians since 1981 in DC, Maryland, and Virginia, and has helped hundreds of pedestrians fight for what they deserve. If you have been injured as a pedestrian anywhere in the DC, Maryland, or Virginia area, call our office today for a free consultation - 703-879-5910