Pedestrian Accident Liability

If you or a loved one have been injured as a pedestrian in an accident, you may be entitled to compensation for your injuries. Pedestrian accidents can cause devastating harm, leaving victims with long-term physical, emotional, and financial burdens. At Breit Biniazan, we are here to help you secure the justice and compensation you deserve. Our team has successfully represented clients in high-stakes cases, including a $7.5 million settlement where a city vehicle struck a pedestrian, resulting in a traumatic brain injury. Let us fight for you.

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Contents

• Overview of Pedestrian Accident Liability
• Understanding Pedestrian Accidents
• Common Causes of Pedestrian Accidents
• Determining Fault in Pedestrian Accidents
• Legal Responsibilities of Drivers
• Rights of Pedestrians
• Overview of Personal Injury Claims
• Damages in Pedestrian Accident Cases
• Insurance Considerations
• Statute of Limitations in Pedestrian Accident Claims
• Comparative Negligence Laws
• Gathering Evidence for a Pedestrian Accident Case
• How Breit Biniazan Can Help
• Compensation Available to Pedestrian Accident Victims
• Steps to Take After a Pedestrian Accident
• Why Choose Breit Biniazan

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Overview of Pedestrian Accident Liability

Pedestrian accidents occur when a person on foot is hit by a vehicle, and determining liability can be complex. In most cases, the driver is at fault due to negligence, such as speeding, failing to yield, or distracted driving. However, liability may also fall on other parties, including government entities for unsafe road conditions, businesses for poorly maintained sidewalks, or even the pedestrian in some circumstances.

In states that follow the model of modified comparative negligence, a plaintiff can recover damages only if their fault is 50% or lower. This impacts the compensation recovery process by reducing the amount of damages based on the plaintiff’s degree of fault, ensuring a fairer distribution of liability.

Virginia operates under contributory negligence laws, meaning if a pedestrian is found even partially at fault, they may not be eligible for compensation. This strict standard makes it crucial to have an experienced legal team like Breit Biniazan on your side to investigate every angle of your case and hold the right parties accountable.

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Understanding Pedestrian Accidents

Pedestrian accidents can occur in various situations, including when a pedestrian is crossing the road, walking on the sidewalk, or even standing on the curb. These accidents can result in serious injuries or even fatalities. In many cases, pedestrian accidents are caused by the negligence of vehicle drivers, who may be speeding, distracted, or failing to follow traffic laws. However, pedestrians can also contribute to the accident by failing to follow traffic signals or signs, or by walking in areas with heavy traffic.

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Common Causes of Pedestrian Accidents

Pedestrian accidents, a type of traffic accident, often stem from driver error, but other factors can play a significant role. Common causes include:

• Distracted driving: Texting, eating, or adjusting in-vehicle systems can cause drivers to lose focus and strike pedestrians.
• Failure to yield: Many pedestrian accidents occur at crosswalks when drivers fail to give the right of way.
• Speeding: Higher speeds reduce reaction times, making it more difficult for drivers to avoid pedestrians.
• Driving under the influence: Impaired drivers are responsible for a large share of pedestrian fatalities.
• Poor road design: Lack of crosswalks, faulty traffic signals, or inadequate street lighting can increase the risk of pedestrian accidents.

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Determining Fault in Pedestrian Accidents

Determining fault in a pedestrian accident can be tricky. The burden of proof often falls on the injured pedestrian to demonstrate that the driver or another party acted negligently. The investigation typically involves reviewing traffic camera footage, police reports, witness testimonies, and accident reconstructions.

Pedestrian negligence can also impact the determination of liability and compensation outcomes. Pedestrians have a responsibility to exercise reasonable caution, and if they fail to do so, it may factor into shared fault, affecting the distribution of damages.

In many cases, drivers are at fault due to negligent actions like running a red light or failing to yield. However, other parties, such as a city government that failed to install proper signage or a business that neglected sidewalk maintenance, may share responsibility. Breit Biniazan will thoroughly investigate your case to ensure all liable parties are held accountable.

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Legal Responsibilities of Drivers

Drivers have a legal responsibility to operate their vehicles with caution, particularly when near pedestrians. They are required to:

• Yield the right of way to pedestrians in crosswalks.
• Exercise caution in areas where children are likely to be present, such as near schools or parks.
• Avoid distractions that impair their ability to focus on the road.
• Adhere to speed limits and slow down in residential or high-traffic pedestrian areas.
• Never drive under the influence of alcohol or drugs.

Drivers are expected to act as a ‘reasonable person’ would under similar circumstances, and failure to do so can result in liability.

When drivers fail to meet these legal responsibilities, they can be held liable for any injuries or damages that result from their negligence.

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Rights of Pedestrians

Pedestrians also have rights under the law, especially when they are following traffic regulations. These include:

• The right to cross the road safely in designated crosswalks.
• The right of way at intersections when traffic signals allow.
• Protection under the law when drivers violate safety rules and cause harm.

Even if a pedestrian is outside of a crosswalk, drivers still have a duty to avoid causing injury if they can reasonably do so. However, pedestrians are also required to follow traffic laws, and failure to do so may impact their ability to recover compensation.

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Overview of Personal Injury Claims

When a pedestrian is injured in an accident, they may file a personal injury claim to recover damages. These claims generally aim to compensate the victim for:

• Medical bills (both current and future)
• Lost wages from missed work
• Pain and suffering
• Emotional distress resulting from the accident

Injured pedestrians can seek compensation from the driver’s insurance company, particularly when proving the driver’s responsibility for the accident.

In many cases, a pedestrian accident claim is resolved through negotiations with insurance companies. However, if a fair settlement cannot be reached, the case may proceed to court. Breit Biniazan will guide you through each step, whether in negotiations or litigation, ensuring you receive the maximum compensation available under the law.

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Damages in Pedestrian Accident Cases

In a pedestrian accident case, the injured pedestrian may be entitled to various types of damages, including medical bills, lost wages, pain and suffering, and property damage. The amount of damages awarded will depend on the severity of the injuries, the extent of the pedestrian’s negligence, and the applicable laws in the jurisdiction. In some cases, the pedestrian may also be able to recover punitive damages if the driver’s conduct was particularly reckless or egregious.

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Insurance Considerations

Insurance companies often play a significant role in pedestrian accident claims. Most drivers are required to carry liability insurance that covers injuries to others. If the driver who hit you has adequate insurance, you may be able to recover compensation through their policy.

In no-fault car insurance states, when an accident occurs, each party’s insurance covers their own injuries regardless of who is at fault. This can affect claims by limiting the ability to sue the other party unless certain thresholds are met.

However, many insurance companies try to minimize payouts or deny claims altogether. It is essential to have experienced legal representation to handle negotiations and prevent insurance companies from taking advantage of you. In some cases, if the at-fault driver is uninsured or underinsured, you may be able to pursue compensation through your own insurance policy.

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Statute of Limitations in Pedestrian Accident Claims

The statute of limitations for pedestrian accident claims varies from state to state. In general, the statute of limitations is the time period within which a personal injury lawsuit must be filed. If the lawsuit is not filed within this time period, the injured pedestrian may be barred from recovering damages. In most states, the statute of limitations for pedestrian accident claims is two or three years from the date of the accident. However, this time period may be shorter or longer in certain circumstances, such as if the pedestrian is a minor or if the accident involves a government entity.

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Comparative Negligence Laws

In some states, comparative negligence laws allow accident victims to recover compensation even if they are partially at fault. However, Virginia follows contributory negligence laws, which are much stricter. Under this system, if the pedestrian is found to have contributed even 1% to the accident, they may be barred from recovering any compensation.

This makes it crucial to gather strong evidence and construct a compelling case that demonstrates the driver or another party was fully responsible for the accident. Breit Biniazan’s experienced attorneys will fight to protect your rights and counter any arguments of contributory negligence, ensuring you have the best chance of receiving compensation.

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Gathering Evidence for a Pedestrian Accident Case

Gathering evidence is a crucial step in building a strong pedestrian accident case. The injured pedestrian should seek medical attention immediately after the accident and keep a record of all medical treatment and expenses. The pedestrian should also gather evidence from the accident scene, including photographs of the scene, witness statements, and any physical evidence such as skid marks or debris. Additionally, the pedestrian should obtain a copy of the police report and any other relevant documents, such as traffic citations or witness statements. An experienced pedestrian accident lawyer can help the injured pedestrian gather and preserve evidence, and build a strong case for compensation.

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How Breit Biniazan Can Help

At Breit Biniazan, we have a proven track record of success in handling pedestrian accident cases. From thorough accident investigations to tough negotiations with insurance companies, we manage every aspect of your case so you can focus on healing.

Our team will:

• Investigate the accident to gather critical evidence, including witness statements, traffic camera footage, and accident reports.
• Consult with medical professionals and accident reconstruction experts to build a strong case.
• Negotiate aggressively with insurance companies to ensure you receive the maximum compensation for your injuries.
• Prepare for trial if necessary, where our experienced litigators will fight to secure the best possible outcome for you.

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Compensation Available to Pedestrian Accident Victims

If you’ve been injured in a pedestrian accident, you may be entitled to compensation for a variety of damages, including:

• Medical expenses: This includes costs for hospital stays, surgeries, rehabilitation, and ongoing medical care.
• Lost wages: If your injuries prevent you from working, you can recover compensation for lost income and future earning potential.
• Pain and suffering: Pedestrian accidents often result in significant physical pain and emotional distress, both of which are compensable.
• Long-term care and rehabilitation: Severe injuries may require ongoing treatment or assistance with daily activities.
• Loss of enjoyment of life: Compensation may also be available if your injuries have significantly diminished your ability to enjoy life.

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Steps to Take After a Pedestrian Accident

After a pedestrian accident, the steps you take can significantly impact your ability to secure compensation. Here’s what to do:

1. Seek medical attention immediately: Even if you feel fine, some injuries may not be immediately apparent.
2. Report the accident to law enforcement: An official police report is a key piece of evidence in proving liability.
3. Document the scene: If possible, take photos of the accident scene, your injuries, and the vehicle involved.
4. Collect witness information: Get the names and contact information of any witnesses.
5. Consult with an attorney: The sooner you contact Breit Biniazan, the better we can protect your rights and build a strong case.

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Why Choose Breit Biniazan

When you’ve been injured in a pedestrian accident, choosing the right law firm can make all the difference. At Breit Biniazan, we have the experience, resources, and determination to handle complex pedestrian accident cases. Our firm is known for:

• Proven results: We’ve secured millions of dollars for injured clients, including high-value settlements like our $7.5 million result for a pedestrian accident victim.
• Client-focused service: We’re committed to providing personalized attention and compassionate support throughout your case.
• Expertise in personal injury law: Our attorneys are experienced in handling pedestrian accident cases, and we know how to fight for the compensation you deserve.

If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal help. Contact Breit Biniazan today for a free consultation, and let us help you take the first step toward justice.