Being struck by a vehicle as a pedestrian can be physically, emotionally, and financially overwhelming. American Lawyers Group has experienced Accident Lawyers who will help you every step of the way and to get the rightful justice you deserve!
Keep reading if you or a loved one have been injured in a pedestrian accident, taking the correct steps—immediately and in the weeks that follow—is critical to protect your rights and secure potential compensation.
1. Call 911 and Report the Accident
Virginia Code § 46.2-894 requires the driver of any vehicle involved in an accident that results in injury or death to immediately stop at the scene and report it to law enforcement. Pedestrians involved in the accident should ensure the incident is reported and request medical assistance if needed.
- Insist on a police report, as it will become a key piece of evidence in any legal claim or insurance process.
2. Seek Immediate Medical Attention
Under Virginia Code § 8.01-399, medical records are protected, but they also serve as critical evidence. Even if injuries appear minor, get evaluated by a healthcare provider immediately. Delays in treatment can be used by insurers or defense counsel to argue that your injuries were unrelated to the accident.
3. Collect Evidence at the Scene
If you’re physically able, collect the following:
- Driver’s name, license plate, and insurance details
- Names and contact information of witnesses
- Photographs of the scene, injuries, traffic signals, and vehicle damage
Virginia is a contributory negligence state, which means you must be extremely cautious in presenting facts that show the driver was 100% at fault. A single misstep in evidence collection could hurt your ability to recover damages.
4. Avoid Admitting Fault
Do not apologize or make any statements that could be interpreted as accepting blame. Virginia follows the pure contributory negligence rule, meaning if you are found even 1% at fault, you cannot recover any compensation.
5. Notify the Driver’s Insurance Company
You or your attorney should promptly report the accident to the driver’s auto insurer. However, avoid giving a recorded statement without legal advice, as insurers may try to use your words against you.
6. Understand Available Damages
If the driver is found negligent, you may be entitled to recover for:
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- Medical expenses (past and future)
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage (if applicable)
- In fatal accidents, wrongful death damages under Virginia Code § 8.01-52
7. Comply With Legal Deadlines
Virginia imposes strict time limits to file legal claims:
- Personal Injury Lawsuit: Must be filed within 2 years from the date of the accident
- Virginia Code § 8.01-243(A)
- Wrongful Death Claim: Also must be filed within 2 years from the date of death
- Virginia Code § 8.01-244(B)
- Claims Against Government Entities: If the accident involved a government-owned vehicle (e.g., a city bus), you must file a written notice of claim within one year
- Virginia Code § 8.01-195.6
Failure to comply with these deadlines will almost certainly result in dismissal of your case.
8. Beware of Contributory Negligence
As noted, Virginia law is unforgiving when it comes to shared fault. If you were:
- Jaywalking
- Crossing against a signal
- Not using a crosswalk when required
- Distracted (e.g., using a phone)
…the insurance company may try to argue you were partially at fault. If successful, this will bar you from any recovery.
Even so, pedestrians have substantial protections. For example:
- Drivers are required to yield to pedestrians in marked crosswalks under Virginia Code § 46.2-924.
9. Document Your Recovery and Expenses
Maintain a record of:
- Medical treatments and prescriptions
- Missed work and wage losses
- Pain journals or daily symptom logs
- Receipts for any out-of-pocket expenses related to the accident
These records will support your claim for non-economic and economic damages.
10. Consult a Virginia Personal Injury Attorney ((703) 786-8340)
Because of the strict contributory negligence standard and specific notice requirements for claims against public entities, early legal guidance is essential. An experienced attorney can:
- Investigate the accident
- Identify liable parties (including municipalities or multiple drivers)
- Handle insurance negotiations
- Preserve evidence and expert testimony
- File suit before deadlines expire
Contact Us
Our experienced injury lawyers in Northern Virginia at American Lawyers Group will help you in this situation. Don’t wait, contact us now! We will help you seek your rightful compensation and justice! Call us now at (703) 786-8340 to schedule a consultation.
Disclaimer: This article is not actual legal advice and is only meant for blog/content purposes.