Normally, as a pedestrian, you shouldn’t worry about hurting yourself if you only cross the street at a crosswalk. However, motorists often do not pay attention or stop in crosswalks, resulting in serious accidents involving pedestrians. A pedestrian in a collision with a crosswalk can file a claim for compensation against the negligent motorist.
Motorists have a duty to yield to pedestrians in crosswalks
Virginia Code Â§ 46.2-924 subsection âAâ clearly states that a motorist must yield the right of way to any pedestrian crossing a freeway at any marked crosswalk, whether in the middle or at the end of a block. The law further states that a motorist approaching a pedestrian who is inside a crosswalk must slow down and exercise caution when operating the motor vehicle to ensure the safety of the pedestrian. .
Simply put, motorists owe a duty of care if they see pedestrians crossing a street. If motorists injure a pedestrian for being lax at a crosswalk, they can be held responsible for injuries caused by the crosswalk collision.
File a claim for compensation in the event of a pedestrian crossing accident
If you have been the victim of a pedestrian crossing incident, the first important step you should take while seeking financial compensation is to contact a pedestrian accident lawyer with the details of your case. The sooner you speak to a lawyer experienced in handling such claims, the more likely you are to be eligible for compensation sooner.
Evidence That Can Help Make Your Injury Claim Viable
When you claim financial compensation for your bodily injury and other damages, you will need to present compelling evidence showing the other party’s negligence and how that negligence resulted in the accident.
Although the circumstances of two cases are not similar, you should collect as much solid evidence as possible to increase your chances of recovering the maximum possible compensation. Here is a small list of the types of evidence you need to collect to help establish the other party’s fault:
Click on as many photos as you can, of your injuries, motor vehicle, point of impact, skid marks, and road and weather conditions. Photographs are a compelling tool in your quest to prove the circumstances of the accident, and can also establish the link between the collision and your injuries.
Although it is not admissible in court for technical reasons, the police report can constitute convincing evidence when it comes to convincing the insurance adjuster of the liability of the driver at fault. The initial police report also contains important information such as the contact details of eyewitnesses at the scene of the accident. And last but not least, the testimony of the police officer with regard to his observations and investigation at the scene of the accident, can convince a jury.
You must keep the clothes you were wearing at the time of the accident intact. Torn or bloodied clothes can be used as dramatic evidence to show the jury if your compensation claim goes to court.
Witnesses at the scene of the accident can help establish motorist negligence through their statements, especially if they are neutral third parties not directly involved in the accident.
Record and make copies of all your medical bills for your medical treatment costs. Also include receipts for medications, money spent on transportation if you are traveling to see a doctor, and any other medical assistance you may need while you are at home.
Income tax returns and pay stubs
You will need it to establish the amount of your lost wages. A statement from your employer mentioning other financial losses such as bonuses and commissions, loss of promotions, time off and sick leave and other employment-related benefits can also help strengthen your claim for employment. compensation.
Event data logger
Some motor vehicles are equipped with what is also called the black box. These electronic data loggers can provide valuable information, such as the speed, braking and direction of the vehicle just before the collision.
Expert in accident reconstruction
Your lawyer may need to hire an accident reconstruction expert if the cause of the collision is complicated or in dispute. A reconstruction expert can examine the evidence and the accident scene to determine how the accident happened. An expert’s testimony can persuade the insurance company’s claims adjuster and help settle your claim favorably.
A medical expert and his or her report on your injuries, your prognosis and the treatments required, present and future, are essential pieces of evidence to prove the extent of your injuries and the financial compensation you deserve.
You may also need other experts such as a professional expert, mental health professional, economic expert, or physiotherapist, to provide testimonials and reports to help you establish the amount of compensation you should be entitled to. granted.
Consult a pedestrian accident attorney in Virginia
As the victim of a pedestrian accident involving a motor vehicle, the thought of gathering all the evidence while you are still recovering could overwhelm and bewilder you. But you don’t have to think so, as the seasoned pedestrian injury lawyers at Shapiro, Appleton & Washburn can help you identify and collect vital evidence to maximize your compensation claim. Call our office today at 800-752-0042 or contact us online to schedule a free, non-binding consultation.