Each year, more than 7,000 pedestrians are fatally injured in the United States, and over 100,000 more are treated in emergency rooms with non-fatal injuries.[1] Unlike vehicle crashes where safety devices offer some level of protection, pedestrians do not have similar protection when they are struck by cars, trucks, motorcycles, or other drivers. Consequently, pedestrian injuries tend to be significant, often involving broken bones, severe lacerations, traumatic brain injury, paralysis, and even death.

Pedestrian accidents can happen in the blink of an eye, causing life-altering injuries. At The Law Offices of Mark T. Hurt, we are committed to providing top-notch legal representation for pedestrian accident victims throughout Virginia and Tennessee. As an experienced pedestrian injury attorney with over two decades of injury and wrongful death practice, attorney Mark Hurt understands the complexities of personal injury law, and he fights tenaciously in seeking to ensure that our clients receive the maximum compensation they deserve.

If you or a loved one was injured in a pedestrian accident (or a loved one died as a result of a tragic pedestrian crash), we encourage you to call our offices today to schedule a free consultation. Mark can listen to the facts of your case, explain your legal options, and zealously advocate for the full and fair compensation to which you and your family are rightfully entitled.

Causes of Pedestrian Accidents

Pedestrian accidents can occur for a variety of reasons, often as a result of driver negligence or distraction. Common causes of pedestrian accidents include:

  • Speeding. Drivers who speed are more likely to cause accidents due to reduced reaction time and decreased control over their vehicles.
  • Distracted driving. Using a cell phone, adjusting the radio, or engaging in other distractions while driving can lead to deadly consequences for pedestrians.
  • Failing to yield the right-of-way. Drivers who fail to yield to pedestrians at crosswalks or intersections can cause serious accidents or even death.
  • Driving under the influence. Alcohol is involved in nearly half of crashes that result in pedestrian fatalities.[2] Alcohol or drug use can significantly impair a driver’s ability to operate a vehicle safely, leading to an increased risk of accidents involving pedestrians.
  • Poor visibility. Accidents may occur when drivers fail to see pedestrians due to inadequate lighting or weather conditions.

Types of Injuries Resulting from Pedestrian Accidents

Pedestrian accidents can result in a wide range of injuries, some of which may be life-threatening. Common injuries sustained by pedestrian accident victims include:

  • Broken bones
  • Musculoskeletal injuries
  • Traumatic brain injuries
  • Neck, face, and head injuries (e.g., vertebrae injuries, skull damage, concussions, shoulder displacement, etc.)
  • Paralysis
  • Spinal cord injuries
  • Soft tissue injuries, such as sprains and strains
  • Internal injuries, including organ damage and internal bleeding
  • Lacerations and abrasions[3]

As a pedestrian injury attorney, Mark Hurt is experienced in representing injured pedestrians who have suffered a wide variety of injuries.

Liability for Pedestrian Accidents

A person may be liable for a pedestrian accident if their negligence or reckless behavior caused or contributed to the incident. Those responsible can include drivers, pedestrians, or even governmental entities that fail to maintain safe roadways and bike lanes.

To prove liability, an injured pedestrian must establish the following elements:

  • Duty of care. The at-fault party owed a duty of care to the injured pedestrian, such as a driver’s responsibility to operate their vehicle safely.
  • Breach of duty. The at-fault party breached their duty of care by acting negligently or recklessly, such as speeding or driving under the influence.
  • Causation. The at-fault party’s actions directly caused the pedestrian’s injuries.
  • Damages. The pedestrian suffered damages, such as medical expenses, pain and suffering, or lost wages as a result of being hit.

Types of Damages Recoverable in Pedestrian Accident Cases

Pedestrian accident victims may be entitled to various types of damages, including those for:

  • Medical expenses. Compensation for past and future medical treatment, including surgery, physical therapy, and medication.
  • Lost wages. Reimbursement for income lost due to time missed from work because of the accident.
  • Loss of earning capacity. Compensation for the loss of future income if the pedestrian is unable to return to work or if they are unable to earn the same income as before the accident.
  • Pain and suffering. Damages for the physical and emotional distress resulting from the accident.
  • Loss of consortium. Compensation for the loss of companionship, affection, and support experienced by the victim’s spouse or family members.

This is only a partial list of damages that may be compensable; other or additional damages may be possible in other types of cases.

Company Liability through Respondeat Superior

A company may be held liable for a pedestrian accident caused by its employee under the legal doctrine of respondeat superior. This doctrine states that an employer can be held responsible for the negligent actions of its employees, as long as the employee was acting within the scope of their employment at the time of the accident. For example, if a delivery driver hits a pedestrian while making a delivery for their employer, the employer may be held liable for the resulting damages.

At The Law Offices of Mark T. Hurt, we are dedicated to pursuing justice for pedestrian accident victims. Firm-founding attorney Mark Hurt will leave no stone unturned in identifying all potentially liable parties, including drivers, employers, and municipalities, to ensure that you receive the compensation you deserve. By conducting a thorough investigation and utilizing his extensive knowledge of personal injury law, Mark strives to hold all responsible parties accountable and help clients obtain the financial recovery necessary to rebuild their lives after devastating accidents.

Statute of Limitations for Pedestrian Accident Claims in Virginia and Tennessee

In both Virginia and Tennessee, injured pedestrians have a limited amount of time to file a personal injury lawsuit to seek compensation for their damages. Failure to file by this deadline can result in an injury victim missing out on his or her opportunity to pursue compensation in court.

In Virginia, the statute of limitations for personal injury claims is typically two years from the date of the accident. In Tennessee, the statute of limitations is generally one year from the date of the accident. However, the statute of limitations for pedestrian injury claims may be tolled under certain circumstances.

For instance, if the injured party is a minor or has been deemed mentally incapacitated at the time of the accident, the statute of limitations may be extended to allow additional time to file a claim. Additionally, if the defendant leaves the state or attempts to conceal their identity, the statute of limitations may be tolled until the defendant is located or the concealment is discovered. However, these exceptions are subject to specific rules and conditions, making it crucial to consult with an experienced attorney to understand how they may apply to your case.

The Law Offices of Mark T. Hurt Represents Pedestrian Injury Victims on a Contingency Fee Basis and Advances Litigation Expenses.

At The Law Offices of Mark T. Hurt, we understand the financial strain that a pedestrian accident can place on victims and their families. That is why we offer our services on a contingency fee basis, meaning you do not pay any attorney fees unless our firm successfully recovers compensation on your behalf. In addition, if a trial is necessary, we advance litigation expenses while a case is ongoing.

Schedule A Free Consultation with Experienced Pedestrian Accident Lawyer Mark Hurt

If you or a loved one has been injured in a pedestrian accident in Virginia or Tennessee, it is essential to seek legal representation from an experienced attorney. At The Law Offices of Mark T. Hurt, we are dedicated to helping pedestrian accident victims obtain the compensation they need to heal and move forward with their lives.

We invite you to call us today to schedule a free, no-obligation consultation with experienced pedestrian injury lawyer Mark Hurt. Let Mark help you navigate the complex legal process and fight for the justice and compensation you deserve.

 

 

 

 

[1] https://www.cdc.gov/motorvehiclesafety/pedestrian_safety/index.html

[2] Id.

[3] Chakravarthy et al., Pedestrian Injuries: Emergency Care Considerations, National Institutes of Health, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2859736/.

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