Pedestrian – Car Accident

Charlottesville, VA
Type Of Case:Pedestrian-car accident
Location:Charlottesville, VA
Injuries Sustained:Head injury, subarachnoid hemorrhaging, permanently reduced peripheral vision
Verdict or Settlement:Settlement
Key Takeaways:In most situations, a pedestrian has right-of-way on the roads, especially if the pedestrian is in a crosswalk. Virginia Code §46.2-924 requires that “any driver of any vehicle on a highway shall yield” to pedestrians in the following conditions: • At any clearly marked crosswalk, mid-block or end of a block; • At any regular pedestrian crossing; • At any intersection when the driver is approaching a highway or street where the legal maximum speed does not exceed 35 miles per hour; • All drivers must additionally yield to any law enforcement officer or device. There are some city ordinances that might require a pedestrian to come to a complete stop prior to entering any crosswalk or roadway. It is also important to note that that pedestrians crossing highways at intersections shall at all times the right-of-way over vehicles making turns into the highways being crossed by pedestrians.

Our client was a young UVA student who was injured in a pedestrian versus vehicle collision that occurred in the City of Charlottesville, Virginia. He was crossing Alderman Road when he was struck by an inattentive driver who was traveling down Alderman Road. The drive had bent over to pick up a pen while driving. The driver’s view was obstructed when he bent down to retrieve his pen and he didn’t see our client in the crosswalk. He struck our client who was unresponsive and lost consciousness at the scene. The driver was charged with failure to yield to pedestrians.  


After the incident, our client was transported by ambulance to the University of Virginia Medical Center. He sustained right orbital floor, roof, and lateral wall fractures, right sphenoid sinus fracture, gas in the carotid siphon, right anterior and lateral maxillary sinus wall fractures, left sacral fracture, left upper simple renal cyst, scant subarachnoid hemorrhage in the left sylvian fissure and multiple abrasions to the right side of his face, right ear, left knee and facial swelling and blacken eyes. He was diagnosed with a head injury and subarachnoid hemorrhaging. He was ultimately found to have reduced peripheral vision, which was a permanent injury. 


This case required the filing of a claim with our client’s automobile insurance policy because the driver did not have enough coverage. We were able to successfully resolve the claim with 90% of all available coverage.   

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