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Every year over a hundred people on foot are killed or seriously injured in auto crashes in Virginia. It’s a traumatic event for both drivers and pedestrians. If you or a loved one have been involved in a pedestrian accident, you need to act quickly to protect your rights.
Our plan of action may include:
We’ll fully explore the facts of your case to see where it falls under state and local laws.
A pedestrian in a marked crosswalk is entitled to cross safely. So you have special protection if you were struck at that time. Pedestrian crashes that happen outside of a crosswalk or intersection can be tough cases — but you may still have a viable claim depending on the situation.
Other factors can include whether there were clear road markings, accessible sidewalks, traffic lights, or children present. We’ll help you gather the facts and understand your rights so you can get the compensation you deserve.
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Brien Roche has handled injuries for many others in trials. See why we’re the right choice for your injury case in Northern Virginia.
If your injuries from the pedestrian and motor vehicle crash are serious and/or it seems there may be long-term damage, you should consider hiring counsel.
An attorney can help you if the case is complex or disputed. In these circumstances, you should hire a lawyer early to protect you and your interests.
In any type of complex suit (such as a pedestrian being hit by a bus driver), you need counsel. There are tough issues that may arise in these cases.
On the other hand, if your case involves only minor injury to yourself and minimal property damage, you may not need a lawyer.
Being involved in a pedestrian accident can be highly disorienting. You might not have seen what hit you. Additionally, pedestrian injuries in traffic crashes are often significant.
Follow these steps to give you or your loved one the best chance of getting compensation:
If your case is successful, you'll receive financial compensation known as damages.
The damages you may be awarded are based on a range of factors, including:
In Virginia, the statute of limitations for injury to a person is two years from the date of injury. In the District of Columbia and Maryland, there's a three-year statute of limitations.
Generally speaking, this means a lawsuit must be filed at the courthouse within that time frame. There are exceptions to the rules but If the statute has expired without the filing of a lawsuit, then your claim is forever barred.
These rules can get very complex so you should consult with an attorney as soon as possible after you have been involved in a pedestrian accident. The attorney can explain your legal rights and the statute of limitations. You can then make a decision about what you want to do next.
In most pedestrian accident cases, a personal injury lawyer represents you, the plaintiff, for a contingency fee. A contingency fee is a legal fee that is dependent on the outcome of the case.
The fee is often one-third of the gross recovery in damages. So if the gross recovery is $100,000, then the attorney's fees is one-third of that.
If there's no recovery in the case, then there are no attorney's fees due.
This system of contingent fees allows people who could not otherwise afford counsel to hire a lawyer. If people couldn't afford a lawyer, many valid claims wouldn't be pursued.
Note: The attorney may be required under the rules of the State Bar to hold the plaintiff responsible for costs. Most State Bars require that the personal injury lawyer tells the plaintiffs they may be responsible for the cost of litigation. Those costs include the cost of filing a suit, the cost of experts and other costs.
