As the prominent personal injury law firm in Old Town, Alexandria, we unfortunately, see several motor vehicle collisions involving pedestrians. In many cases, these pedestrian collisions are catastrophic. Collisions involving pedestrians often result in catastrophic injuries because the pedestrian has no protection from the thousands of pounds the vehicle weighs, and the driver of the vehicle normally does not see the pedestrian and does not break or attempt to avoid the pedestrian before impact. Below we discuss the types and causes of injuries we see and what you need to know about pedestrian accidents in Virginia and Washington, D.C.
There are several types of crosswalk accidents, below are the most common:
Distracted Driving is the most prevalent cause of pedestrian accidents. Common examples of distractions are:
Intoxication – drunk driving, unfortunately, leads to many pedestrian collisions.
Speed – many pedestrian collisions involve motor vehicles that are speeding.
Failure to yield the right-of-way – Many pedestrian collisions are caused by motor vehicle drivers that attempt to enter a crosswalk or intersection before the pedestrian.
Lighting – A lot of pedestrian collisions occur at nighttime when it is harder for motor vehicle drivers to see the pedestrian.
As mentioned earlier, pedestrian accidents, unfortunately, often lead to the most catastrophic injuries and are sometimes fatal. At Curcio Law, we are committed to helping our clients rebuild their lives with dignity. Pedestrians injured due to no fault of their own are the premier example of those needing our services. Below are some common examples of injuries that pedestrians suffer in pedestrian accidents:
Traumatic Brain Injuries
Catastrophic Spinal Injuries
Fractures and Broken Bone Injuries
Death of a Pedestrian
Due to the complexity and severity of common injuries pedestrians suffer in pedestrian accidents, pedestrians should reach out to a lawyer about representing them in their personal injury claim. At Curcio Law, we have represented pedestrians that have suffered catastrophic injuries for close to 40 years. Our goal is to help each client rebuild their lives with dignity. We do that by representing the client’s legal interests to the best of our abilities so they can focus on recovering from their catastrophic injuries.
The injured party, or the plaintiff, has the burden of proving everything they claim. A plaintiff must prove liability to have a valid personal injury claim. Liability is the legal term for who is at fault for causing the injury.
In pedestrian accident cases, plaintiffs must prove liability by putting forth evidence that the driver of the motor vehicle acted negligently. Negligence is the failure to use ordinary care. This means that a person or party that does not act reasonably is negligent.
In pedestrian accident cases, there are many ways of proving that the motor vehicle driver did not act reasonably. Some common acts of negligent behavior are:
Unfortunately, Virginia is one of only four states that still has contributory negligence as a defense to negligence action. The contributory negligence law states that if the injured party is even 1% at fault for causing the collision, the injured party is completely barred from recovering any compensation for their injuries. Therefore, even if the motor vehicle driver is 99% at fault for causing the collision, pedestrians could be barred from winning their caseif their negligence contributed at all to the collision. In pedestrian accident cases, insurance companies commonly try to argue that the injured party is barred from making a claim based on contributory negligence. Common arguments that insurance companies make regarding pedestrians being contributorily negligent are:
As mentioned above, Virginia is one of only four states with contributory negligence. Washington, D.C., also has contributory negligence; however, the D.C. law has an exception for vulnerable users. In D.C., pedestrians are not barred from obtaining compensation for their injuries unless the pedestrian’s negligence is greater than the negligence of the driver of the motor vehicle (Code of the District of Columbia § 50-2204.52). This allows pedestrians to seek compensation for their injuries as long as they are not over 50% at fault for the collision.
Contributory negligence is a very common issue in pedestrian accident claims in Alexandria, Virginia, and Washington, D.C. Injured pedestrians should reach out to an attorney if any insurance company attempts to argue that they were contributorily negligent. At Curcio Law, we have almost 40 years of experience representing pedestrians and fighting insurance companies on the contributory negligence issue.
Since the justice system cannot make the injured party whole by magically healing their injuries, the civil justice system provides for monetary compensation to make the injured party whole again. The compensation that a pedestrian, or any injured party, is entitled to recover is called damages. In Virginia, a pedestrian that suffers catastrophic injuries in a pedestrian accident is entitled to recover damages that compensate them for the following elements:
At Curcio Law, we ensure that our clients receive compensation that fully and fairly compensates them for all of the above elements. Pedestrians that suffer catastrophic injuries will have to prove each element they claim, and we collect evidence on each element as our client recovers from their catastrophic injuries.
The help we provide to our clients does not end when a settlement or verdict is achieved and paid. To enable our clients to focus on their recoveries and rebuild a dignified life, we make sure that all the client’s bills and expenses (i.e., outstanding medical bills, health insurance liens) are paid by the settlement funds so that the client is not worried or hounded about such matters.
If you or a loved one has suffered a serious or catastrophic injury or lost a loved one in a pedestrian collision, you will be well served by contacting Curcio Law at 703-836-3366. We have the experience to handle these cases with compassion and commitment and has been recognized for doing so.
"$2,000,000.00 Auto Pedestrian Hit by Car / Brain Injury"
"$2,000,000.00 Pedestrian Hit By Bus / Broken Foot, Surgery Complications & Partial Choroidal Detachment"
"$2,000,000.00 Wrongful Death Settlement"
"$1,900,000.00 Pedestrian Hit By Truck / Fractured Pelvis & Multiple Surgeries"
"$1,500,000.00 Auto Accident / Wrongful Death"
"$1,200,000.00 Auto Accident / Broken Neck, Punctured Lung"
"$847,500.00 Dangerous Dog Bite / Facial Injury, Scarring"
"$600,000.00 Tractor Trailer Crash / Neck Injury, requiring surgery"
"$595,000.00 (Jury Verdict) Auto Accident / Broken Foot"
"$546,905.00 Auto Accident / Neck injury, Herniated Disc"