Drivers are required to be mindful of everyone around them, including other vehicles and pedestrians. When motorists fail at this obligation, he or she can cause devastating harm, especially when he or she collides with people traveling by foot.

If you or a loved one were struck by a negligent driver while walking, jogging, or otherwise traveling by foot, consulting with an Augusta County pedestrian accident lawyer could prove beneficial. A well-practiced injury attorney in the area could review your case and determine if you are eligible for financial compensation from the responsible party.

Proving Negligence in Pedestrian Collisions

An injured person seeking damages in a Commonwealth court must establish that another party negligently caused his or her injuries. Negligence is a failure to use reasonable care under the circumstances.

For accidents involving pedestrians, one way to prove negligence is to show that the other person was violating the law. A pedestrian seeking damages might attempt to prove that the driver was speeding, driving while distracted, under the influence of alcohol or drugs, or otherwise not proceeding with the caution drivers must exercise.

Notably, the person traveling by foot could carry some liability if he or she violated traffic laws that put him or her at risk of harm. Virginia law requires pedestrians to:

  • Use sidewalks and crosswalks when they are available
  • Obey traffic signals
  • Walk on the left shoulder of the road facing oncoming traffic in the absence of sidewalks
  • Be mindful of visual obstructions and avoid stepping into roadways at places where cars will not have a clear view of them

There could potentially be other liable parties as well. For example, if a malfunctioning traffic control device led to an accident, the local government responsible for maintaining the device could be liable. If a vehicle’s brakes failed, the manufacturer might be liable. An attorney in the area representing an injured pedestrian could review the available evidence and investigate whose negligence was responsible for the accident.

Time Limit to Seek Damages in Augusta County

Virginia law offers people who wish to pursue a personal injury claim only two years from the date of the accident to bring a lawsuit. People who file late cannot have their claim heard by a court. For this reason, injured pedestrians must seek legal guidance from an Augusta County attorney as soon after the accident as possible.

This timeframe is cut short if a government entity or employee had a role in the accident. Injured pedestrians who intend to bring a lawsuit against the Commonwealth must submit a Notice of Claim within one year of the accident that injured them. If the city’s negligence is at issue, Virginia Code §15-2-209 requires the injured person to file a notice of claim within six months of his or her injury.

Speak with an Augusta County Pedestrian Accident Attorney Today

If you can prove another person’s negligence led to the injuries you suffered in an accident, you might be entitled to money to cover your medical bills, lost income, pain and suffering, and other losses you suffered because of the injury. However, successfully negotiating a fair damage award could be difficult without reliable legal representation.

An Augusta County pedestrian accident lawyer could help ensure you are fully compensated for the losses you have endured. Schedule a consultation with our team at The Warren Firm today.

Do you even need a lawyer for your car accident case? Get a FREE copy of Vaden Warren’s book today to find out!