If you’re hit by a car while crossing the street, check out these 3 pedestrian accident tips. Then, contact our Virginia pedestrian accident lawyer today.
Pedestrian Accident Claims
I’m often asked by clients who’ve been involved in an accident where they were a pedestrian, “What are the differences between handling that type of case and a normal car collision case?” The first thing to note about the differences is to establish where the person was at the time of the crash. If you were in an intersection, you have an automatic right of way over the vehicle, but if you’re not in the intersection, it doesn’t mean automatically that you have no case. It simply means that both parties – the vehicle and the pedestrian – have a reciprocal duty to act reasonably and keep a proper lookout. If you’re not in an intersection, you may still have a case, but you just need to establish where you were in the crossing activity and if there enough time for the vehicle driver to have seen you before the crash in order to recover in that type of case.
Pedestrian Accident Insurance Negotiations
When I’m asked by clients whether it’s safe to talk to an insurance adjuster after their pedestrian accident in Virginia, I tell them, just as I do with all my injury victims, that it is not a good idea to talk with an insurance adjuster after your accident. There is plenty of time to provide the evidence necessary to properly evaluate your claim. To make you go through a recorded statement when you don’t have legal counsel to help you and guide you in making the right answers, then you could unwittingly damage the value of your case. It’s best to have legal counsel to understand what the issues are in the case, and then be able to go through the normal investigation process with their help and get your case evaluated fairly by the insurance company when it’s appropriate to do so.
Partial Fault Pedestrian Accident
The biggest question most people have when they’ve been struck by a car as a pedestrian crossing a highway in Virginia is, “Can I be found to be at fault in that collision?” Now, the simple answer is anybody can be at fault, and if you don’t have the evidence to back you up, you have a severe handicap in being able to make a successful recovery in that type of case. The way to establish what happened in the accident is to make a quick investigation of the scene and to look at the damage patterns on the vehicle, which are usually indicative. For example, the higher up the injury victim’s body imprint is on the vehicle, the faster the vehicle can be determined to be going at the time of the crash. The second thing to look at is the electronic data from the black box in the vehicle. If you can get to that quickly enough – and I’m talking oftentimes as quickly as within 48 hours after the accident occurs – and retain an attorney in that time to help you, you might be able to save that electronic data and prove from that when the brake was struck and what the positions of the vehicle were at that point, compared to the skid marks in the road to show that that vehicle was speeding and that it was disregarding you as a person in the right of way of the intersection at the time of the crash.
Were you or a loved one seriously injured in a crash and have questions about a partial fault pedestrian accident? Contact a Virginia pedestrian accident lawyer at The Strong Law Firm today for a free confidential consultation and case evaluation. Let our experience work for you.
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