Norfolk Pedestrian Accident Lawyer

Everyone should be able to walk down sidewalks and cross streets without having to worry that a driver will hit them. Unfortunately, many pedestrians are seriously injured and even killed in Norfolk due to negligent drivers. Victims must often deal with significant medical costs, lost income, and pain and suffering, among other losses.

The good news is that pedestrian accident victims may be able to file a personal injury claim and pursue compensation for their injuries. It starts with retaining a skilled law firm that has your best interests at heart from the beginning to the end of your case. Find out why so many injury victims trust Huffman & Huffman Brothers-in-Law.

Common Causes of Pedestrian Accidents in Norfolk

Pedestrian injuries often result from some form of driver negligence. Some of the most common causes of pedestrian accidents in Norfolk include:

Failure to yield: Virginia law requires motorists to yield to pedestrians at marked and unmarked crosswalks, at regular intersections, and at intersections of roads in which the maximum permitted speed is 35 miles per hour. They also must yield if a traffic signal or law enforcement officer directs them to do so.
Distracted driving: When a driver isn’t paying attention due to cell phone use, talking with passengers, or doing anything else that takes their focus from the road, an accident becomes more likely.
Reckless driving: Anyone who drives with blatant disregard for the safety of other motorists is not likely to care much about the well-being of pedestrians. Speeding, swerving in and out of lanes, and illegally passing vehicles all contribute to pedestrian accidents in Norfolk.
Driving while impaired: It is illegal to drive while under the influence of drugs (including prescription medications that cause impairment) and alcohol. Delayed reaction times and blurry vision are two volatile ingredients for disaster.
Poor weather: When the weather turns inclement, visibility decreases, and the risk of an accident increases. Every driver has a duty to adjust their behavior to the prevailing weather. This means they must use more caution during rain, fog, snow, low lighting, and any other adverse conditions.

These accidents can lead to serious trauma, including broken bones, traumatic brain injuries, spinal cord injuries, internal injuries, and more, all of which can have devastating consequences on a person’s life.

Who is Liable in a Norfolk Pedestrian Accident?

In most cases, the driver is responsible for striking the pedestrian and must therefore pay (or have their insurance pay) the victim’s damages. However, this is not always true. Sometimes, other parties can be held liable or share responsibility with the driver. For instance, if there was a defect with the vehicle’s brakes that prevented the driver from stopping, the auto manufacturer could be partially liable.

There are also situations in which the pedestrian shares in the blame. A common example is where the pedestrian illegally crossed the street or did not obey traffic signals. This is an important thing to keep in mind due to a legal doctrine known as contributory negligence.

Unlike most states, in which courts apportion blame among all parties involved (including the victim, if applicable) and adjust the victim’s damages accordingly, Virginia is a pure contributory negligence state. If a court finds that the victim was even 1% at fault for the accident, they can recover nothing, even if they have serious injuries. This encourages the at-fault driver or their insurance company to find any evidence that the pedestrian was to blame.

How is Liability Proven in Pedestrian Accident Cases?

A pedestrian accident victim has the burden of proof when it comes to seeking monetary damages. It is the victim’s job to establish liability by gathering and producing compelling evidence. That evidence could include:

Pictures and videos: These may come from multiple sources, including smartphones, dashcams, and business or municipal surveillance cameras. Pictures and videos are powerful pieces of evidence, so make a note of any residences or businesses in the area that may have captured the crash.

Police reports: If you or anyone else called 911 to report the incident, the police should generate an accident report with basic details about the event. Be sure to get a copy of this as soon as you can.
Eyewitness statements: Anyone who happened to observe the accident could serve as a valuable and neutral third-party eyewitness later. Get their names and contact information.
Medical records: Your medical records will include important details about not only your injuries but also your likely prognosis, referrals to specialists, recommended treatments, and more. Be sure you don’t miss any medical appointments and follow your doctor’s advice at all times.
Income statements: You will likely miss work while you are recovering from your injuries. Therefore, you should document how much work and income you miss as a result.
Damaged or destroyed personal property: Anything that was affected by the crash, including your clothing, smartphone, and other personal effects, could provide valuable evidence.
Expert witness opinions: An expert witness is someone with specialized or technical knowledge who can explain complex matters to juries. One example is an accident reconstructionist. Our firm has a trusted network of expert witnesses ready to serve our clients.

What Compensation Can an Injured Pedestrian Recover?

Damages vary from one case to another, so the nature and amount of compensation will depend on the specifics of your accident. But in most lawsuits, victims can recover compensation for:

Medical expenses, including for bills already incurred and for reasonably estimated future treatments
Lost wages that the victim misses while recovering or tending to accident-related matters
Decreased earning capacity, which accounts for likely reductions in future income that the victim will experience due to their injuries
Non-economic damages, a category that includes pain and suffering, emotional distress, loss of enjoyment of life, and related psychological and emotional damages
Property damage for anything lost or destroyed in the accident
In some cases, punitive damages, which are designed to punish the at-fault party and deter wrongful conduct

Why You Need a Norfolk Pedestrian Accident Attorney

Pedestrian accidents can turn your world upside down in an instant. You may suddenly find yourself facing piles of medical bills for expensive treatments and medications. You could require months or more of painful, difficult rehabilitation and physical therapy. There’s a good chance you will lose time from work, and you might not be able to work the same job in the future.

These are significant losses that can introduce physical, emotional, and financial turmoil into a person’s life overnight. Whether you recover compensation and how much it is worth will depend heavily on the quality of your legal counsel. An inexperienced attorney could cost you substantially, while a seasoned attorney who understands what is at stake and how much your case is worth will prove invaluable.

You especially need legal counsel to stand up to insurance companies. They will do everything they can to underpay or deny your claim, including taking advantage of Virginia’s contributory negligence rules by trying to shift blame onto you. Don’t let this happen to you. Speak with a pedestrian accident attorney who knows how to navigate the legal process and to fight for the compensation that pedestrian accident victims need to move forward.

Why Choose Huffman & Huffman?

At Huffman & Huffman, we know you have your choice of law firms. But we believe that our team stands out for a number of reasons, including:

Local knowledge: We understand the local court rules, defendants’ lawyers, and the biases and preferences of the judges who are likely to hear your case. We’re also familiar with local mediators who may be able to help you reach a fair out-of-court settlement.
Decades of trusted client service: For more than five decades, we have worked closely with accident victims to secure the compensation that their cases deserve. We bring over one and a half centuries of combined experience to bear in your case.
You don’t pay unless we win: Our firm takes clients on a contingency fee basis, which means you pay no upfront fees and pay nothing at all unless we win. It’s part of our commitment to ensuring that all victims have access to the justice system.

What to Do After a Pedestrian Accident in Norfolk

The steps you take immediately after being involved in a pedestrian accident will affect your health and your legal rights. We suggest that you do the following:

Call 911: Even if you do not believe you were injured or that you suffered minor injuries, call 911 to report the accident. Police will come to the scene and generate an accident report.
See a doctor: Whether you go by ambulance to the emergency room or see your primary care physician, do not delay getting medical attention. If you do, you could jeopardize your health since many injuries don’t show up until hours or days later. Also, the at-fault party could use the delay against you by arguing that you made your own injuries worse.
Limit what you say: Relay only the basic facts about the accident to the police. Do not speculate as to how the accident happened or how severe (or not) your injuries are. Also, do not apologize or admit fault, even if you think you did something wrong, like step out of the crosswalk. Other than getting the driver’s basic contact and insurance information, do not say anything to them.
Start gathering evidence: Take pictures and record videos of the accident scene and of your injuries. Get the names and contact details of any eyewitnesses. Take notes about what happened and your injuries, such as any physical pain or limitations.
Follow your doctor’s advice: This is important to protect not only your health but your legal claim. Abide by your doctor’s restrictions, see any specialists to whom you are referred, take your medications, and keep your appointments.
Speak to our Virginia personal injury lawyers: As soon as you are able, give Huffman & Huffman a call. We can review the circumstances of your accident and advise you on the next best steps to take.

Norfolk Pedestrian Accident Lawyer: FAQs

How long do I have to file a pedestrian accident claim in Virginia?

You only have two years to file an accident claim, thanks to Virginia’s statute of limitations. If you file outside of this timeframe, the judge will likely dismiss your case, and you won’t recover anything. However, you should take action long before the two-year deadline to make the strongest possible case.

How much does it cost to hire a pedestrian accident attorney in Norfolk?

Huffman & Huffman works on a contingency fee basis, so there are no upfront fees, and we do not get paid anything until we win your case.

How much is my claim worth?

This will depend on various factors such as injury severity, the likely medical treatments you will need, how much work you miss, whether you have any work limitations in the future, and the strength of your evidence. We work to recover the maximum amount of compensation to which our clients are entitled under the law.

What can I do if my loved one suffered from fatal injuries?

If your loved one was involved in a fatal pedestrian accident, our firm can help you explore the possibility of filing a wrongful death claim.

Injured in a Pedestrian Accident in Norfolk? Schedule a Free Consultation With Us

You can count on the at-fault party having legal representation. Who is looking out for you? Don’t try to take on the lawyers and insurance companies on your own. If you or a loved one were hurt in a pedestrian accident, it’s time to get serious about your rights and your compensation.

Reach out to Huffman & Huffman for a free case evaluation. You can get started today by giving us a call or completing our online contact form.