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Pedestrian Accident Attorneys in Fairfax

Pedestrian accidents are a growing problem. If you have been injured as a pedestrian, you may be going through some of the darkest moments of your life. While drivers are protected by a seatbelt, airbag or car frame, pedestrians are not. Even a slow collision can result in serious injuries or even death.

According to the National Highway Traffic Safety Administration, the number of pedestrians injured or killed has been increasing for the last several years. An estimated 137,000 pedestrians were treated in emergency departments for nonfatal crash-related injuries in 2018. In addition, 6,283 pedestrians were killed. Every 88 minutes in the U.S., a pedestrian is struck and killed by a car or truck.

At Weiner, Spivey & Miller, our team comprises skilled negotiators and trial attorneys. Each of our senior attorneys has been leading advocates for the seriously injured for more than 40 years. We have the experience necessary to get the compensation you need when you’ve been injured as a pedestrian.

Email or call 703-997-5254 for a free consultation.

Can A Pedestrian Be At Fault In A Car-Pedestrian Accident?

While motorists must always yield to pedestrians on the road for their safety, it doesn’t mean that in the event of an accident the pedestrian can’t be found at least partially responsible for the accident.

Some of the most common situations where a pedestrian can be found liable are:

A pedestrian was crossing against the traffic signal
A pedestrian was crossing the road outside a crosswalk
A pedestrian was walking where pedestrian access is clearly not allowed

In these cases, the driver of the vehicle involved in the accident may also have a claim against the pedestrian for damages or injuries. If you are filing a claim in Virginia or Maryland, you may be barred by the contributory negligence rule. The rule states that if the plaintiff has any fault in the accident, they cannot recover damages. In Washington D.C., there is an exception to the contributory negligence rule that allows pedestrians to file a claim even when they are at fault.

Understanding Your Rights After A Pedestrian Accident In Fairfax

After a pedestrian accident, understanding your rights quickly can make a significant difference in the outcome of your claim. In Fairfax and throughout Northern Virginia, insurance companies often begin evaluating liability immediately, and early statements or delays in treatment can later be used against you.

Our team includes former insurance defense lawyers, which gives us a valuable advantage in pedestrian accident cases. Because we understand how insurance carriers investigate claims and attempt to assign fault, we are able to anticipate their strategies and build stronger cases for injured pedestrians.

Virginia drivers owe pedestrians a duty of reasonable care, particularly near intersections, crosswalks, parking lots, schools and residential streets. Our attorneys work quickly to gather police reports, witness statements, traffic camera footage and medical evidence to help establish driver negligence and protect your right to compensation.

The steps taken in the hours and days after a pedestrian accident can directly affect your claim. Our attorneys help Fairfax victims protect their rights early and position their cases for the strongest possible recovery.

Frequently Asked Questions About Pedestrian Accidents In Virginia

Pedestrian accident claims in Virginia often involve strict legal standards that can directly affect whether compensation is available. Below are answers to common questions we hear from injured pedestrians in Fairfax and Northern Virginia.

Can I still recover compensation if I was partially at fault for the accident in Virginia?

Virginia follows the strict pure contributory negligence rule. If you are found even 1% at fault, you may be barred from recovering damages. Because of this harsh standard, having an experienced lawyer is critical to proving that the driver was fully responsible.

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

In most cases, Virginia’s statute of limitations gives you two years from the date of the accident to file a claim. Waiting too long may permanently prevent recovery, so early legal action is important.

What if I were hit by a car while not in a marked crosswalk?

Being outside a marked crosswalk does not automatically bar your claim. Drivers still have a duty to keep a proper lookout and take reasonable steps to avoid striking pedestrians. Liability depends on the full facts of the accident.

These Virginia-specific rules can substantially affect the strength and value of your case, making early legal representation especially important.

We Are Advocates For The Injured

If you have been injured in a pedestrian accident, you need solid legal counsel. The insurance company for the person who injured you is already working to protect their client. You need an ally to help you obtain the compensation you need and deserve. Experience, resources and tenacity have led to success – earning our clients substantial settlements and jury awards, and earning us the respect of our legal colleagues.

Learn About Our Past Cases

Pedestrian pinned to wall by elderly driver: Connie was on the sidewalk in front of an office supply store in suburban Maryland, when an elderly driver mistakenly put her car in drive instead of reverse. The car jumped the curb and hit Connie, pinning her against the building. Her injuries included multiple fractures in her left and right legs, her arm and her pelvis. The skin on both of her legs was badly damaged. Connie had to undergo multiple surgeries, including skin grafting. She spent time in a rehabilitation facility re-learning how to walk. Lawson Spivey and Ed Weiner successfully negotiated a $1.3 million settlement on Connie’s behalf.

Wheelchair-bound pedestrian struck In crosswalk: Since childhood, Michel suffered from a genetic neuromuscular disorder, which left him unable to sit upright independently or use his limbs. Through hard work, at 29, Michel had become a successful attorney working for an international bank in Washington, D.C. One evening, Michel was traveling the few blocks home from work, crossing a street in a crosswalk in his motorized wheelchair. His mother, Isabelle, who also worked at the bank, was walking near him. A Ferrari, traveling on a side street, suddenly turned the corner and struck both Michel and Isabelle, knocking them to the ground. Michel suffered a hip fracture, which was inoperable due to his underlying health condition. Isabelle’s shoulder was badly fractured and required extensive physical therapy. Ed Weiner and Gene Miller successfully reached a $1 million settlement at mediation, with payment coming from the defendant driver’s insurance company, as well as the personal assets of the driver.

Man hit by car while counter-protesting white supremacists in Charlottesville: Sayeed was 20 years old in August 2017. He was a peaceful participant in a counter-demonstration at the “Unite the Right” white supremacist rally in Charlottesville. James Alex Fields intentionally drove his car into the crowd, killing Rose Heyer. Sayeed and 28 others were injured. Sayeed’s right leg was shattered. During surgery, doctors used metal plates and screws to rebuild the broken bones in his leg. Sayeed spent the next four months in physical therapy and occupational therapy. Ed Weiner negotiated a settlement for Sayeed of $250,000, the maximum available from insurance.

Click here to see our results on behalf of other clients.