When Pedestrians Are Hit by Cars | Liability & Compensation

Maybe you were out for a morning jog, walking the dog after dinner, or just trying to cross the street. You follow all the rules, looking both ways and waiting for the crosswalk signal. Then, a driver who wasn’t paying attention or thought they could “make it” before you crossed slams into you at full speed.

While the driver probably didn’t mean to hit you, their actions have changed your life forever. As pedestrian accident lawyers, we see these scenarios way too often. But the question that always comes up is: who is legally liable for the injuries and damages? Let’s break it down.

Who Is At Fault When a Pedestrian Is Hit?

Under West Virginia law, both drivers and pedestrians have a shared duty to obey traffic signals and right-of-way regulations. However, the responsibility is higher for drivers to exercise “due care” and avoid striking pedestrians, even when that person is jaywalking or behaving erratically.

So when a pedestrian is struck by a vehicle, liability often comes down to two key factors: location and conduct.

1. Location – If in a crosswalk with the right-of-way, there’s a presumption the driver failed to yield properly and is negligent. The same applies at intersections.
2. Conduct – Outside of crosswalks, the focus is on the pedestrian’s actions leading up to the collision, such as darting between cars or being distracted.

However, even if the pedestrian erred, the driver can still be held fully or partially liable if they were speeding, impaired, texting, or simply not maintaining a proper lookout.

Evidence for Proving Fault

Establishing fault hinges on physical evidence from the scene. Key pieces of evidence include:

• Police reports documenting location, time, conditions, witness statements
• Photos/videos of intersection signals, vehicle damage, injuries
• Surveillance footage from nearby businesses capturing the incident

This evidence allows your lawyer to recreate who had the right-of-way if signals were followed, vehicle speeds, and other factors showing whether either party failed to uphold their legal duty of care per West Virginia’s traffic laws. With the right evidence presented properly, liability becomes clear.

West Virginia Pedestrian Laws

West Virginia’s motor vehicle code §17C-10 outlines the duties for both pedestrians and drivers:

For Pedestrians:

• Must obey traffic signals (§17C-10-1)
• Must yield to vehicles outside crosswalks (§17C-10-3)
• Use designated crossings where available (§17C-10-3)

For Drivers:

• Must yield to pedestrians in crosswalks without signals (§17C-10-2(a))
• Exercise “due care” to avoid colliding with pedestrians (§17C-10-4)
• Give audible warnings and extra caution around children/disabled (§17C-10-4)

Overall, there are shared duties, but drivers have a higher responsibility. Courts weigh these codified laws against specific evidence to determine degrees of fault and liability.

Injuries and Damages Pedestrians Can Recover

Getting struck by a multi-ton vehicle often translates into severe trauma that requires extensive emergency medical treatment and lengthy recoveries, if the victim survives at all.

Let’s look at some common pedestrian crash injury examples:

• Traumatic brain injuries from head impacts
• Spinal cord injuries and paralysis
• Compound fractures of legs, arms, etc.
• Significant lacerations and road rash
• Internal organ damage and bleeding

In many cases, these injuries are devastating enough to permanently diminish a person’s quality of life, ability to work, or live independently. That’s why pedestrian accident claims seek two main “buckets” of damages: economic and non-economic.

Economic Damages

Economic damages compensate for calculable monetary losses both already incurred and projected for the future.

This includes things like:

• Medical bills for emergency care and surgeries
• Future costs like physical therapy and medications
• Lost wages from missed work
• Loss of future earning capacity
• In-home nursing care costs

Non-Economic Damages

Non-economic damages are the subjective losses that don’t carry precise dollar values but drastically impact the victim’s life in non-financial ways:

• Physical pain and suffering
• Mental/emotional trauma, anxiety, PTSD
• Permanent disabilities or disfigurements
• Loss of enjoyment of life
• Loss of consortium for spouses

Punitive damages may also be awarded when the at-fault driver showed a conscious disregard for others’ safety. These are designed to punish further and deter such conduct.

The goal of any pedestrian injury claim is to make the victim “whole” again to the fullest degree possible. While no amount of money can undo the trauma, it provides accountability and a pathway to rebuild your life.

Dealing With the Insurance Company

If the driver who struck you is found liable, their automobile insurance policy should provide coverage for your damages, right? While that’s the intent, you’ll quickly find insurance companies are not your friend in this process.

From day one, the driver’s insurer will attempt a variety of tactics to diminish any payout:

• Delaying and denying legitimate injury claims
• Disputing the severity of your injuries
• Blaming you for contributing negligence
• Making lowball settlement offers that don’t cover future expenses
• Hoping you get frustrated and just give up

To them, you’re just a line item expense to be minimized. That’s why trying to handle a pedestrian accident case alone is incredibly unwise.

You need a skilled personal injury lawyer who isn’t intimidated by these bad-faith tactics and can forcefully push back. We know how to collect concrete evidence, accurately calculate ALL damages, and apply legal pressure until the insurer has no choice but to take your case seriously.

How a Pedestrian Accident Lawsuit Works

Going through the litigation process is understandably daunting, but sometimes, it’s the only option when an insurance company simply won’t play fair. Understand there is no risk in pursuing this route with our firm.

In West Virginia, you have a strict two-year statute of limitations from the date of the accident to file a personal injury lawsuit. That may seem like ample time, but these cases require extensive upfront investigation, fact-finding, and paperwork. We need to get started ASAP.

The process includes the following steps:

1. Preparing and serving the legal complaint to the at-fault driver’s insurance company
2. Their legal team responds, initiating the proceedings
3. Both sides engage in “discovery.”
   • Open exchange of evidence and documentation
   • Taking depositions of involved parties and witnesses under oath
   • Using depositions to substantiate or counter liability claims
4. Throughout discovery, your lawyer continuously re-evaluates:
   • Projected trial value
   • Potential settlement amounts
   • Advising if pushing for a trial verdict or pre-trial resolution is best
5. If proceeding to trial, extensive preparation to present the most compelling case possible

Rest assured, we have the resources and skills to take even the largest, most aggressive insurance companies to trial when needed. And if we do proceed in front of a jury, you can expect an elite level of preparation, aggressive advocacy, and passion for presenting your case in the most compelling way possible.

Legal Fees on a Contingency Basis

We understand your life has already been upended enough by this traumatic pedestrian accident without the added burden of massive legal costs and expenses. This is why our firm takes all pedestrian injury cases on a contingency fee agreement.

Under this arrangement, you pay absolutely no upfront costs – we’ll cover every expense related to:

• Investigating your accident in detail
• Hiring expert witnesses and specialists to substantiate your claims
• Filing and prosecuting the injury lawsuit
• Going to trial if the insurance company refuses to settle fairly

In other words, we face all the financial risks, so money isn’t a barrier to you accessing quality legal representation.

Our fees are calculated as a percentage of any final settlement or judgment we obtain on your behalf, depending on the overall complexity of your case.

This way, our incentives are 100% aligned – we only get paid by achieving a meaningful financial recovery for your damages. You avoid risking a massive upfront retainer, and we’re motivated to maximize the compensation you walk away with because our fees come out of those proceeds.

Take the First Step by Contacting a Pedestrian Accident Lawyer

If you or someone you love has suffered severe injuries after being struck by a car, truck, or other vehicle, don’t wait another day to start protecting your rights and fighting for the justice you deserve.

Reach out for a free, private consultation so we can learn about your accident, advise you on your legal standing, and map out the path forward. We’re ready to be the advocates in your corner through this unimaginably difficult time.

Contact Miley Legal today, and take that crucial first step toward accountability and regaining control of your life.