At the Law Offices of Richard J. Serpe, PC, our Virginia pedestrian accident attorneys bring nearly four decades of experience representing individuals who have been seriously injured by negligent drivers. Pedestrians are some of the most at-risk people on the road, and when a driver’s carelessness results in harm, we are committed to pursuing justice on your behalf.
The Serpe Firm handles a wide range of pedestrian accident cases including those occurring in crosswalks, intersections, parking lots, and other areas where drivers fail to yield or remain attentive. We also represent victims of distracted driving, DUI-related crashes, and collisions involving motorcycles, bicycles, and large commercial vehicles.
Recovering from a pedestrian accident can be overwhelming, especially when facing insurance companies that often seek to minimize payouts. Their adjusters are trained to undervalue claims, but we know how to challenge their tactics and advocate aggressively for your rights.
Our Virginia personal injury attorneys are dedicated to securing the compensation you need to recover and move forward. If the insurance company refuses to offer a fair settlement, we’re ready to take your case to trial and fight for the outcome you deserve.
If you or a loved one has been struck by a vehicle in Virginia, contact us for a free, no-obligation consultation.
Common Injuries Pedestrians Suffer
When a person is struck by a vehicle, even a minor collision can cause serious physical damage. The human body is delicate. Soft tissue and bone can’t withstand the weight of the one and half tons of metal, glass, and rubber that comprise the typical motor vehicle.
Even worse, many pedestrian accidents are preventable. When drivers exercise caution behind the wheel, injuries can be avoided altogether. A Virginia pedestrian accident lawyer can review the facts of your case and help you determine next steps. Body parts often injured in pedestrian accidents include:
- Lower extremities
- Head, neck, and face
- Upper extremities
- Thorax
- Spine
- Abdomen
- Pelvis
Traumatic Brain Injuries
Pedestrian accidents often lead to severe and even fatal injuries. The force of a car can cause traumatic brain injuries, leaving the victim with life-changing disabilities.
Traumatic brain injuries, also known as TBI, happen when a foreign object penetrates the skull. They can also occur when a jarring motion causes a disruption to the brain’s normal functions. Immediate medical care can help mitigate the damage, but the injuries sustained in pedestrian accidents are often permanent. A TBI may cause mental and cognitive impairments, sensory issues, memory loss, personality changes, and beyond. TBI injuries can be hard to evaluate and even harder to diagnose. The brain’s unique characteristics can make it difficult for doctor’s to understand exactly what damage has been done.
Traumatic spinal cord injuries happen when the spinal cord becomes compressed, torn or impacted. These injuries hinder the communication between the brain and sensory system. Spinal cord injuries may result in mobility loss, impaired sensory perception, and more.
Severe pedestrian accident injuries often warrant constant medical or rehabilitative care. They rob victims of their independence and quality of life. When such injuries are the result of a careless driver, you may have grounds for compensation to assist with medical bills, lost income, and other damages.
Virginia Pedestrian Accident Victim Settlements
The amount of compensation available in a Virginia pedestrian accident case depends on several key factors, the severity of the victim’s injuries, insurance coverage, and medical treatment. If you were hit by a vehicle while walking, you may be entitled to several forms of financial recovery under Virginia law.
Medical Expenses
Pedestrian accidents often result in serious injuries, and victims are frequently left with substantial medical bills. Compensation may include reimbursement for emergency room visits, ambulance transportation, surgeries, hospital stays, rehabilitation, and any necessary future medical care related to the accident.
Lost Wages and Earning Potential
Many pedestrian injuries can leave victims unable to work temporarily—or in some cases, permanently. If you’ve missed work or are unable to return to your job because of the accident, you may be eligible to recover lost wages and loss of future earning capacity.
Pain and Suffering
Injured pedestrians can also seek compensation for non-economic damages, including physical pain, emotional trauma, mental distress, and the lasting impact on their day-to-day life and well-being.
Wrongful Death of a Loved One
If a loved one was killed in a pedestrian accident, surviving family members may be entitled to compensation for funeral costs, outstanding medical bills, and the loss of the deceased’s financial and emotional support. Virginia law also recognizes the deep emotional suffering caused by such a loss, and families may pursue damages for loss of companionship and guidance. A Virginia personal injury lawyer experienced in wrongful death cases can help you navigate this process and fight for the justice your family deserves.
Negligence in Virginia Pedestrian Accidents
Pedestrian injuries and fatalities across the United States remain alarmingly high. According to the Governors Highway Safety Association, 7,318 people were struck and killed while walking in 2023. Although this reflects a 5.4% decrease from 2022. Preliminary data for 2024 shows a slight decline, with an estimated 7,148 pedestrian deaths, down 4.3% from the year before. However, that figure remains nearly 20% above the number of deaths reported in 2016. At the same time, injuries to pedestrians and other vehicle crash victims continue to rise, with more than 2.2 million people injured in motor vehicle crashes nationwide in 2023.
A vast majority of pedestrian accidents are caused by driver error or negligence. From inside their vehicles, many motorists fail to notice pedestrians at all. Even when they do see them, some drivers grow impatient and take risks rather than waiting for pedestrians to cross safely. Contributing factors such as distracted driving, speeding, and impaired driving continue to put walkers in danger.
In fact, driver error or distraction plays a role in roughly 93% of all traffic crashes. Pedestrian fatalities are especially common at night, with over 75% occurring after dark. Nearly 65% of pedestrian deaths happen in areas without sidewalks, often on poorly lit roads not designed for foot traffic. Larger vehicles like SUVs and pickup trucks are involved in over half of all pedestrian deaths when vehicle type is known, largely due to their size and blind spots.
Dealing With Insurance Companies
As the injured party in a pedestrian accident, you’ll almost certainly be contacted by the motorist’s insurance company. They’ll be eager to learn about the extent of your injuries. Their duty is to determine what their exposure is and how much of a claim you have against the insurer. Insurance companies want to pay off claims as quickly as possible for the least amount of money they can get away with.
Insurance companies are very good at gathering information quickly. They’ll try to reach out to you shortly after the accident to determine the true nature of your injuries. This may be at a time when you’re not really ready to answer their questions. They will hold you to the statements you make during your period of distress. That’s why it’s so important to know that you’re actually not obligated to provide them with any information other than your identity. You don’t need to speak with them about the nature of your injuries. Instead, turn the conversation over to an experienced pedestrian accident attorney who can help you deal with the insurance company so you can focus on healing.
Statute of Limitations (Legal Deadlines)
In our state, there are strict deadlines for filing a lawsuit. In many cases, the Commonwealth of Virginia provides a two-year deadline also known as a Statute of Limitations. However, special circumstances apply depending on the age or disability of the person injured. Don’t wait to seek compensation – speak an experienced attorney as soon as possible after the accident. This is vitally important in protecting your rights so that you can receive the maximum settlement for your case. If a deadline is missed, your opportunity to file a claim may be lost forever.
Virginia Pedestrian Accident Lawyers
As a Virginia personal injury lawyer, Richard Serpe advocates for those injured due to the negligence of another person or company. A substantial portion of his 35-year legal career has been devoted to representing and protecting injured children. He’s earned a reputation as a well-respected, hard-working attorney with a tenacious approach to every case he takes on. Richard Serpe has a track record of success in obtaining favorable settlements and verdicts for his clients.
Awards and Recognition
- Best Lawyers® : (2005 – Present)
- Super Lawyer : (2006 – Present)
- Martindale-Hubbell: AV Preeminent Rating
- Avvo.com: Rated 10/10 – “Superb”
Contact the Law Offices of Richard J. Serpe, PC to discuss your situation 757-233-0009.
