Charleston Pedestrian Injury Attorney
When a car strikes a pedestrian, police typically hear one version of how the accident happened: that of the driver. The pedestrian is usually too injured to say anything. As a result, police may assign fault to the pedestrian based on nothing more than the word of the driver.
At The Law Firm of Hill, Peterson, Carper, Bee & Deitzler, PLLC, in Charleston, our lawyers advocate for the rights of injured pedestrians. If a car in West Virginia has stricken you or a loved one, contact us for a free initial consultation.
Fault In Car-Pedestrian Accidents
Fault is an important factor in pedestrian accidents. In West Virginia, you cannot recover compensation from the insurance company of the driver if you were 50 percent or more at fault. Drivers often try to avoid responsibility by saying that you darted into traffic, crossed against a traffic control device or jaywalked.
Drivers in West Virginia must watch out for pedestrians not only in crosswalks but also in other areas. Here are examples of times when the driver may be negligent:
- When the accident occurs in a crosswalk
- When the driver makes a right-hand turn into a pedestrian who is crossing the street
- When the driver had an opportunity to avoid the accident but didn’t
- When the driver strikes a pedestrian who is walking along the side of the road
- When the driver is distracted, under the influence or speeding
Protecting pedestrians from careless drivers is a priority for us at The Law Firm of Hill, Peterson, Carper, Bee & Deitzler, PLLC. The sooner you contact us, the sooner our attorneys will go to work, collecting and preserving evidence of driver negligence.
FAQs About Pedestrian Accidents
What if the accident was a hit-and-run?
These accidents can be hard to seek compensation for without knowing the identity of the driver. First, try to remember or capture the license plate, or information about the vehicle or the driver that hit you. Take note of where you are and time of day so that police can pull security or traffic camera footage. Contact the police and an attorney right away.
If you are unable to do any of these things due to your injuries, do not worry. Seeking medical attention is the most important thing you can do. If you were knocked unconscious and woke up in the hospital, check to ensure that the police know about the accident and if there is a witness.
I wasn’t in a crosswalk. Do I still have a case?
Yes. You have the right to sue the negligent party for a personal injury case and to seek damages. However, the other side may try to use the crosswalk against you since you broke the law and endangered yourself.
I’m just a little sore. Do I really need to see a doctor?
Yes. It is essential to get your injuries and case on record should you pursue a case later on if symptoms worsen. You have two years to pursue a lawsuit.
What compensation can I recover after being hit by a car?
If any of your property was damaged, you could be compensated. Pedestrian accidents tend to leave the pedestrian severely or catastrophically injured — your attorney will fight for compensation for current and medical bills and the pain and suffering you must endure now and in the future. Also, if you are missing work while recovering, you can be compensated for lost wages.
What do I need to do right after I’m hit by a car?
Seek medical attention right away, so your injuries are on record. Contact the police at the scene if you are able. If you are unable, have someone call them or notify them after the accident. Call an attorney experienced in handling pedestrian accidents.
If you are able or if you are with someone you know, it can help to capture the driver’s information, pictures and video of the accident scene and injuries, and anything else relevant to the case. Your attorney will conduct future investigation but this can help give an accurate depiction of the condition of the road and the driver that day.