Pedestrian crashes are among the most devastating incidents on our roads and they are far too common in our area along Richmond Highway and throughout Fairfax County. Heavy traffic, high speeds, and limited safe crossings combine to create serious high risks zones. In some pedestrian cases, drivers flee the scene either out of fear or because they were so distracted they may not have even realized they struck someone. Under Virginia law, leaving the scene of an accident is a crime. But for the victim’s families it also means more unanswered questions, greater uncertainty, and a harder path to recovery.
Wrongful Death in Virginia
Alongside grief and unanswered questions, there can be pressing concerns about accountability, financial stability, and how to move forward. Even if the driver is never identified, Virginia law provides that a victim’s own auto insurance may help. Uninsured motorist (UM) coverage can extend to pedestrians, meaning a family may still be able to recover compensation under the deceased’s policy.
When a life is lost because of another person’s negligence or wrongful act, it’s considered a wrongful death under Virginia Code § 8.01-50.. Surviving family members including a spouse, children, or certain other relatives may have the right to file a claim to pursue both economic and noneconomic damages, including:
- Medical and funeral expenses
- The loss of the loved one’s income and household services
- Compensation for sorrow, mental anguish, and loss of companionship
- Punitive damages may also be available if the driver’s conduct was especially egregious.
If the Driver Is Caught
Even when it feels like a driver has escaped responsibility, advances in technology such as flock surveillance systems, cell phone footage, event data recorder in vehicles, and thorough police investigations often lead to drivers being identified. If law enforcement identifies the driver, prosecutors will determine whether there is enough evidence to pursue criminal charges. Criminal cases can lead to probation, fines, jail time, and a lasting criminal record. While these cases hold the driver accountable, they do not provide financial compensation to the victim’s family.
That is why many families pursue a civil wrongful death lawsuit in addition to the criminal proceedings. A civil case (as discussed above) allows survivors to seek the compensation needed to cover financial losses, provide for dependents, and acknowledge the deep emotional toll of the loss.
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Losing a loved one in a pedestrian accident is an unimaginable hardship, made even more painful when the driver flees the scene. While no legal action can erase that grief, understanding the options available can help families find a measure of accountability and support during such a difficult time. If you or someone you care about has experienced a loss under similar circumstances, contact Curcio Law. Our team has extensive experience handling fatal hit-and-run cases and survival claims, and we are here to guide you with compassion and dedication.
