Getting hit by a moving vehicle can leave you with life-threatening injuries that require intensive medical care. If a careless driver has struck you, you’re probably experiencing a great deal of pain and emotional distress.
At the Pendleton Law Team, we understand what you must be going through. Our attorneys work with serious accident victims like yourself all the time. If you were a pedestrian hit by a vehicle in Newport News, VA, an accident lawyer from our firm can help you pursue compensation for your medical bills, pain, and trauma so you can start to live a normal and happy life again.
Pedestrian Accident Injuries We Can File a Claim for
Pedestrian accidents are unlike any other auto collisions, as victims are hit with the full force of a moving vehicle with no protective buffer. As a result, injuries can be severe and may lead to permanent disabilities and, in some cases, death.
If you’ve suffered serious injuries after getting hit by a car in Newport News, VA, an accident attorney can help you seek reimbursement for your medical expenses and other losses. Our lawyers have won hefty settlements for clients suffering from a number of injuries, including:
- Traumatic brain injury (TBI)
- Musculoskeletal injury
- Chest and abdominal injury
- Broken bones
- Spinal cord injury
- Neck and back injury
If your loved one has sustained fatal injuries in a pedestrian accident in Newport News, VA, the entire team at Pendleton Law offers their sincerest condolences to you and your family. To pursue the financial support you need to make it through this difficult time, reach out to one of our wrongful death lawyers.
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Compensation Available to Pedestrian Accident Victims in Newport News
If you choose to work with one of our pedestrian accident attorneys, their main goal will be to win the compensation you need to support your physical and mental recovery. They’ll demand that the insurance company offer a settlement that makes up for your:
- Current medical expenses
- Ongoing and future care expenses
- Lost wages
- Decreased earning ability
- Pain and suffering
- Mental distress
- Diminished quality of life
A lawyer will use your testimony, medical bills, pay stubs, and other relevant documents to calculate how much you need to replenish your losses. That said, obtaining compensation isn’t as easy as simply asking for it. Your attorney must prove that the driver hit you to get the damages you deserve.
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Our Pedestrian Accident Attorneys Can Prove Fault
To prove fault, your attorney will use a concept called “duty of care.” A duty of care refers to one’s legal obligation to act with a reasonable degree of caution to prevent foreseeable harm. Using this legal concept, a pedestrian accident lawyer will demonstrate fault by proving:
The Driver Owed You a Duty of Care
Virginia Law requires drivers to yield the right of way to pedestrians in certain situations. If you were using a crosswalk or walking on the sidewalk at the time of the accident in Newport News, VA, the offending driver owed you a duty of care.
The Driver Breached the Duty of Care
A pedestrian accident attorney from our team can use witness testimony, traffic and security camera footage, and other records of the incident to prove that the driver breached the duty of care. Examples of such a breach include failing to yield to pedestrians at a crosswalk and swerving into a sidewalk that pedestrians are using.
The Breach of Duty Caused Your Injury
Once your attorney has proven that the driver failed to uphold a reasonable duty of care, they’ll have to provide evidence that shows the breach directly caused your injury. They’ll use the evidence from your accident investigation to prove that the driver’s breach was the sole cause of your injury.
Your Injury Resulted in Financial Losses
Finally, your attorney must show that your pedestrian accident injuries caused you to suffer financial losses. They’ll use your medical bills, employment documents, paystubs, and any other accident-related invoices you have to prove that your injuries led to monetary loss.
Once your attorney has the evidence required to prove the four elements listed above, they’ll likely be able to secure the damages you’re owed. They’ll present evidence and demonstrate these elements to insurers during negotiations to get a fair settlement.
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Statute of Limitations for Pedestrian Accidents in Virginia
Even if your attorney is able to prove fault, you won’t be able to receive the damages you need to cover your losses if your lawsuit isn’t filed on time. The statute of limitations included in Virginia Code § 8.01-243 allows you two years from the date of your accident to file a suit.
If you don’t hire a pedestrian accident lawyer soon, you could risk missing Virginia’s filing deadline, which would make it extremely hard for you to obtain the compensation you’re entitled to.
However, if you miss the two-year deadline, it’s technically still possible to get compensation. Reach out to our team today to see what other legal options you can pursue once your time to file a lawsuit has expired.
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Do You Need an Attorney to Pursue a Pedestrian Accident Claim?
Seeking damages for a pedestrian accident injury without the help of an attorney is unwise. In addition to collecting evidence, establishing fault, negotiating with insurers, and meeting filing deadlines, a lawyer can provide several other critical services.
Our injury lawyers will handle every aspect of your claim, advise you on your legal options, ensure that all documents are prepared and filed correctly, and represent you in court. They’ll also interview witnesses, work with accident reconstruction experts, and coordinate with your doctors to obtain evidence crucial to your claim’s success.
Contact a Personal Injury Lawyer From Our Firm
If you’ve suffered an injury in a pedestrian accident, your road to recovery will likely be long, painful, and dark, but Pendleton Law can provide a light at the end of the tunnel. Our lawyers can offer the support, counsel, and advocacy you need to put this incident behind you.
A pedestrian accident lawyer from our firm will guide you through filing a claim and act in your best interests throughout the entirety of the legal process. Contact us today to schedule a free case evaluation.
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