ARLINGTON COUNTY, VA PEDESTRIAN ACCIDENT ATTORNEYS
Arlington county, Virginia, is filled with pedestrian traffic, because it is such a great place to live and to work. This includes Pentagon City and Crystal city, but also Rosslyn and the rest of the county. Most people in Arlington have the convenience of being able to walk or hop on a bus, and go almost anywhere. Everyone walks at some point!
However, walking can be dangerous, because some drivers think they own the road. Some drivers do not look where they are going, and some will act so recklessly as to drive through stop signs and stop lights, seriously endangering pedestrians. If you have been hit by one of these negligent drivers, then you are entitled to file a claim for compensation. Call Blaszkow Legal today, and speak to an experienced Arlington pedestrian accident lawyer.
What are the Most Common Causes of Arlington, VA Pedestrian Accidents
When a pedestrian is hit while crossing the street, the injuries can be severe, catastrophic, and even fatal. A pedestrian has no protection from the impact of a multi-thousand pound vehicle, traveling at speed.
Some of the most common causes of pedestrian collisions in Arlington include:
Improper turning. Some motorists who are trying to turn left or right, keep their focus on other motor vehicles, and do not watch for pedestrians. Also, sometimes these drivers are only looking in one direction for oncoming cars, and not looking back to check the crosswalk.
Back over accidents. Drivers have a responsibility to watch where they are going, in reverse just as forward. Back over accidents happen in parking lots, shopping centers, parking garages, and sometimes just out of parking spaces.
Failing to yield. When a pedestrian is in the crosswalk, a driver has an obligation to yield the right of way, and to stop. However, some drivers fail to do this because they are negligent, aggressive, or reckless.
Distracted driving. Many vehicles these days have infotainment systems, and almost every driver has a cell phone. Drivers who are too busy focusing on external issues, instead of the roadway, pose one of the greatest dangers to pedestrians.
Crosswalk collisions. A person is entitled to cross the road, when it is safe to do so. Sometimes however, slower individuals may not be completed crossing before the lights have changed. Drivers have an obligation to watch out for these people, and to let them finish crossing the road. If a driver slams on the accelerator, he may strike an innocent pedestrian!
What to Do if You Are Involved in a Pedestrian Accident
If you have been hurt in a pedestrian accident, there are several things that you can do to preserve evidence and protect your case, if you are able. However, we recognize, that sometimes you may be so seriously hurt that you cannot take any of these steps. We understand that, and as soon as you contact an attorney, we will begin our investigation.
If you are able to, then do the following things to preserve your case:
Take pictures of everything that you can, including the crosswalk, the vehicle that struck you, and anything else that may be relating to the accident.
Get the driver's state issued driver's license. Do not simply take an insurance card, because insurance card only say who is paying for the insurance, not who is behind the wheel. Your case is always against the driver!
Get the names, addresses, phone numbers, and emails of any witnesses. Sometimes the police will get this information, but sometimes not. Sometimes, people are more receptive if you are coming up to them and asking them, versus the police. These witnesses can be vital in helping to prove your case
Call the police. Never allow someone to tell you that you'll handle it amongst themselves. That is never a good idea. A pedestrian Strike should always trigger the arrival of the police
Get immediate medical attention. Do not think that you can walk it off, and brush it aside. If you have been involved in a pedestrian accident, you have been struck by a vehicle! You could be suffering internal injuries that you don't realize. You need to get to a hospital immediately!
Have you been hurt in a Pedestrian Accident?
Contact an Attorney today!Common Injuries After Arlington County Pedestrian Strikes
Sprains and strains of muscles and joints
Amputation
Burns
Lacerations
Contusions
Damages to internal organs
While many of these injuries are apparent, some can only be evaluated after you go to the hospital. Internal organs can be bruised and damaged by blunt force trauma, even when there is no obvious sign or physical indication of it. It is very important for you to go to the hospital right away!
Hear what one Arlington Pedestrian Client had to say:
Negligence and Arlington County Pedestrian Incidents
All pedestrian accidents in Virginia are governed by the rule of contributory negligence. This is a Virginia legal doctrine that says that if a person is even 1% responsible for the happening of their accident, then they cannot recover. This is an extremely high burden, and the insurance companies are very quick to claim it as often as they can.
The best defense that you have against these arguments, is to hire an experienced Arlington pedestrian accident attorney now.
Deadline for Filing an Arlington Pedestrian Accident Claim
The maximum time you have to file a claim for your injuries is called the statute of limitations. In Virginia, the statute of limitations is 2 years from the date of the accident. However, this is not the only timeline that you have to worry about!
Because Arlington is home to the Pentagon, and any number of federal agencies and federal buildings, there is always the possibility that the person who hit you may have been working for the government, and on government business. If the federal government is in someway liable for your injuries, then you must abide by the Federal Tort Claims Act.
Another situation where there is a shorter deadline are claims involving state and local governments. In these instances, you have to provide "notice" in accordance with the law, so that they are not dismissed on procedural grounds.
Claims against Municipal/County Agencies: notice must be provided within 6 months of accident (Va Code 15.2-209)
Claims against the State: notice must be provided within 1 year of the accident (Va Code 8.01-195.6)
Damages and Your Arlington County Pedestrian Accident Claim
After you have been hurt due to someone else's negligence, you have the right to file a claim for compensation of your damages. Damages is a legal term that seeks to provide an overall picture of all of the ways the accident has impacted you. This impact covers many areas, from financial to physical to emotional.
There are two separate and distinct types of damages that you can claim.
Economic damages are black and white, and have a fixed, predetermined value, based on empirical evidence. For example:
Medical expenses
Future medical expenses
Physical therapy costs
Prescriptions
Time lost from work
Future time lost from work
Loss of earning capacity
Job retraining costs
Rehabilitation expenses
Non-economic damages are less specific, in that no law book specifically says that a certain injury is worth a certain amount. Non-economic damages are intangible, and have to be proven through testimony. Some examples of non-economic Damages include:
Pain and suffering
Loss of an enjoyment of life
Impairment in activities of daily living
Inconvenience
Embarrassment
Post traumatic stress
Emotional trauma
Get help from an experienced Arlington County Pedestrian Accident Attorney today!
Virginia's network of laws can sometimes be difficult to navigate, without guidance. It is extremely important for you to hire a dedicated personal injury lawyer today, to make sure that the insurance company is do not use those laws against you. You deserve to have someone fighting hard on your side, every step of the way.
Call attorney Joe Blaszkow and his team, and Get Justice with Joe! Put our experience to work for you, and call today for a free consultation - 703-879-5910
Attorney Joe Blaszkow is here to fight for you!
Joe Blaszkow has been fighting against insurance companies for the rights of innocent Virginians for over 40 years! He has recovered millions of dollars for his clients, from Arlington to Appomattox and beyond!
Call today for a free consultation!