Being hit by a car is a terrifying experience. One moment you are walking, and the next, you’re facing pain, confusion, and questions about what to do next. If you or someone you love has been struck by a vehicle while walking in Virginia, you might wonder what rights you have. The most important question people ask is, can pedestrians file a claim after being hit by a car in Virginia? The answer is yes, but there are some rules and steps you need to understand before you begin.
Pedestrians Have the Right to Be Safe
In Virginia, people who walk have the same right to use the roads and sidewalks as drivers do. The law says that drivers must be careful and watch out for pedestrians. Drivers must stop at crosswalks, slow down in busy areas, and follow traffic signs and signals. If a driver does not follow these rules and hits a pedestrian, they can be held responsible for the injuries and damage they caused.
If you are walking and get hit by a car, you are likely hurt, scared, and unsure of what to do. But remember, you are not alone. Virginia law is designed to help people in your situation. The law allows you to file a claim for the costs of your injuries, your pain, and other things you may have lost because of the crash.
Filing a Claim Means Asking for Help
Filing a claim is a way to ask for help after an accident. You can ask the driver’s insurance company to pay for things like doctor bills, time off work, and even emotional pain. You are not asking for a favor. You are asking for what the law says you deserve.
To file a claim, you will need to prove that the driver was at fault. That means showing that they were careless, distracted, or did not follow the rules. If a driver was texting, speeding, or not paying attention, that can be proof they were to blame. You can use police reports, witness statements, and photos from the accident to support your claim.
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Virginia’s Rule About Fault Is Very Strict
Virginia has something called the “contributory negligence rule.” This means that if the pedestrian is found even a little bit at fault, they may not be able to get any money at all. For example, if you crossed the street without looking or outside of a crosswalk, the driver’s insurance might say you were partly to blame. This can make it hard to get the help you need, even if the driver was much more careless.
That’s why it’s important to have strong evidence. You want to clearly show that the driver was the one who made the mistake. The more proof you have, the better your chances are of winning your claim.
What Kinds of Costs Can You Recover?
When someone is hit by a car, the damage is not just physical. There are also bills, lost paychecks, and emotional pain. If your claim is successful, you may be able to recover money for things like emergency room visits, follow-up care, surgery, medication, and physical therapy. If you had to miss work, you can ask for the money you would have earned. You can also seek payment for the pain, fear, and stress that the accident caused you.
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In some cases, if the driver was especially reckless or did something very dangerous, you might also be able to ask for extra money called punitive damages. This is meant to punish the driver and send a message that such behavior is not okay.
Time Matters in Virginia Pedestrian Accident Claims
If you want to file a claim after being hit by a car in Virginia, you must act within a certain time. The law gives you two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. If you wait too long, you may lose the chance to get any help at all. Two years might sound like a lot of time, but it passes quickly when you’re trying to heal, gather paperwork, and deal with doctors and insurance companies.
It is best to start the process as soon as possible. The longer you wait, the harder it may be to find evidence or locate people who saw what happened. The sooner you act, the better your chances of building a strong case.
The Role of Insurance in a Pedestrian Claim
Most drivers in Virginia have car insurance. This insurance is meant to pay for injuries when they cause an accident. When you file a claim, you will deal with the driver’s insurance company. But remember, the insurance company is not on your side. Their job is to pay as little as possible. They may try to blame you or offer a small amount of money hoping you will go away.
You do not have to take the first offer. You have the right to ask for a fair amount that covers everything you’ve been through. You also have the right to say no if the offer is not enough. This is why it helps to have support and guidance during the process.
What Happens If the Driver Leaves the Scene?
Sadly, some drivers hit a pedestrian and drive away. This is called a hit-and-run. If this happens, you may still be able to file a claim. In Virginia, people often have something called uninsured motorist coverage as part of their own car insurance. This type of coverage can help pay for your injuries even if the driver is never found. If you do not have a car, you may still be able to get coverage through a family member who does.
Hit-and-run cases are harder, but not impossible. If you report the crash right away, the police can start looking for the driver. Witnesses, video footage, or broken car parts left behind can all help in finding the person who caused the crash.
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Children and Elderly Victims May Need Special Care
Pedestrians of all ages can be hit by cars, but children and older adults are especially at risk. When a child is hit, the case may be handled a little differently. A parent or guardian will need to file the claim on the child’s behalf. The court may also be involved to make sure the money is used properly.
Older pedestrians may suffer more serious injuries, like broken bones or brain trauma. These injuries can take longer to heal and may cause lasting changes in how a person lives. That is why their claims may need to include more medical care and support in the future.
How to Protect Yourself After the Crash
If you’ve been hit by a car, your first job is to get to safety and call 911. Even if you feel okay at first, see a doctor. Some injuries do not show up right away. A medical record can also help prove that the accident caused your injuries.
If you can, take photos of the scene. Get names and phone numbers of anyone who saw what happened. Write down what you remember as soon as you can. Every little detail can help when it comes time to file your claim.
What You Should Not Do After a Pedestrian Accident
It’s natural to feel scared and confused after getting hit by a car. But there are some things you should avoid doing. Do not argue with the driver or try to handle everything on your own. Do not talk to the driver’s insurance company without getting advice first. And never sign anything unless you are sure you understand what it means. Also, avoid posting about the accident on social media. Anything you say online could be used against you later. Keep things private and focus on getting better.
Get the Help You Deserve
If you’re wondering can pedestrians file a claim after being hit by a car in Virginia, know that the law is on your side. You have the right to hold the driver responsible and get the support you need to heal and move forward.
You don’t have to face this alone. At NovaLegalGroup, P.C., we help people just like you every day. We understand what you’re going through and are here to guide you through each step. If you’ve been hurt in a pedestrian accident, reach out to us for help. Let us listen to your story and fight for the justice you deserve.