Pedestrian fatalities make up 13% of all traffic fatalities. Virginia Beach is a beautiful, walkable city, and pedestrian accidents are all too common.
Pedestrians are vulnerable and lack any protection from passing cars. When the two collide, the results are often life-threatening injuries or death.
If you have suffered an injury as a pedestrian in Virginia Beach, you have rights and should understand pedestrian accident liability.
Here is a guide to pedestrian accidents and your rights in Virginia Beach.
Traffic Accidents in Virginia Beach
There are over 300 million people in the U.S. and 200 million licensed drivers. During the pandemic, the number of motorists dropped, but the number of car accidents did not. Instead, traffic accidents increased.
In 2021, there were 118,498 crashes, with 58,786 injuries and 986 deaths. In Virginia Beach alone, there were 5,805 accidents with 2,906 severe injuries and 34 deaths.
The pedestrian crashes increased at an even higher rate, with 1,400 crashes, a 12.6% increase from the previous year. According to the DMV in Virginia, on average:
- There are over 2.7 lives lost every day in traffic crashes
- One crash occurs every 4.4 minutes
- 161 people are injured each day in traffic crashes
- One in 27.9 drivers is involved in a traffic accident
Pedestrian Accident Liability in Virginia Beach
Most pedestrian-related accidents involve some sort of negligence on the part of the driver of the car or automobile. The causes can vary from failure to follow a traffic law to dangerous maneuvers that put pedestrians walking along sidewalks, across intersections, or within parking lots in danger.
The popularity of walking outdoors in Virginia Beach makes pedestrians especially vulnerable to accidents and life-threatening injuries or death. Alcohol-related crashes and speeding are common causes of these types of accidents.
Distracted drivers also share the blame. Drivers can be distracted by numerous things behind the wheel, including talking and texting on a cell phone.
Causes of Pedestrian Accidents in Virginia Beach
Although everyone deserves to be safe on the road, it is unfortunate that pedestrians and cyclists are more at risk than those inside a vehicle. Even if you are hit as a pedestrian at a slow rate of speed, the results can be disastrous.
This is why it is so important to be aware of your surroundings as a pedestrian and to understand the most common causes of pedestrian accidents.
Common causes of pedestrian accidents include:
Failure to Yield
Drivers frequently forget or ignore the fact pedestrians often have the right of way when crossing a street. Whether the driver believes he or she has the right of way or is distracted, failure to yield is a common cause of pedestrian accidents.
Distracted Drivers or Walkers
As technology continues to advance and more drivers have a smartphone in hand, the rates of car accidents and deaths are rising. Distracted drivers are a danger on the road, especially to pedestrians.
Pedestrians often place trust in drivers to look out for them and follow traffic laws. Distracted drivers are not the only problem.
Pedestrians need to be aware of their surroundings at all times and avoid stepping into traffic or other hazards. It is always critical to pay attention on the roadways, whether you are a driver or a pedestrian.
Driving Under the Influence
Driving while under the influence of alcohol or drugs is still a major cause of crashes and fatalities today. Pedestrians are at greater risk of injury due to the negligence of a drunk driver on the road.
Alcohol and drugs do not mix with driving. When a driver drinks to excess or combines alcohol and drugs and takes the wheel, the results can be devastating.
Unsafe Road Conditions
Road conditions play a major role in accidents of all kinds. Hazards on the road, road construction, potholes in the street, and driver visibility can all be a distraction to drivers and cause a potentially fatal accident. It is critical to take all proper precautions when driving in unsafe conditions.
Reckless Driving
Everyone is busy and in a hurry to be somewhere, but some drivers let their stress and impatience affect them. This can lead to reckless or dangerous driving behavior.
Reckless drivers may tailgate, speed, or weave in and out of traffic with no regard for their safety or the safety of other people on the road. In Virginia, reckless driving is considered a misdemeanor and can result in stiff penalties and/or jail time.
Speeding
Many drivers choose to exceed posted speed limits daily. However, these set speed limits exist for an important purpose. Drivers who speed endanger their lives, their passengers’ lives, and the lives of pedestrians.
Speeding significantly increases the chances of a crash and the potential for significant or life-threatening injuries.
Poor Weather Conditions
Heavy rain or dense fog can make driving conditions hazardous. Some drivers fail to slow down or take precautions when weather conditions are poor.
Wet or icy surfaces affect how a vehicle brakes and steers. Drivers in poor weather conditions must take the extra precautions needed before stopping or turning. Even in poor weather conditions, a driver bears responsibility for maintaining control of his or her vehicle.
Failure to Stop
Drivers are required to come to a complete stop at stop signs or red lights. Drivers who fail to do so can cause catastrophic collisions at intersections, putting themselves, their passengers, and pedestrians at risk.
Virginia is attempting to reduce failure to stop accidents with increased enforcement and red light cameras in problem areas.
Inexperienced Drivers
Every driver experiences some level of risk on the road, but inexperienced drivers are at especially high risk. Young, inexperienced drivers are more likely to lack the judgment they need in dangerous driving situations. They are more likely to engage in risky driving behavior as well.
Unfortunately, traffic accidents are the leading cause of death in the U.S. for teens, and this is typically due to their inexperience on the road.
Vehicle Defects
When a vehicle component is defective and fails, an accident can result, even for the most conscientious driver. Steering failures, defective brakes, unexpected airbag deployments, or other vehicle malfunctions can lead to a loss of control and devastating crashes.
Pedestrian Accident Injuries
A crash is often catastrophic for pedestrian victims. Some of the most common pedestrian accident injuries include:
Soft Tissue Damage
Soft tissue damage includes injuries such as strains, sprains, lacerations, tears, and dislocations. Although an injured person may recover from a soft tissue injury quicker than other types of injuries, these types of injuries can result in scars, pain, and long-term issues.
Broken Bones and Fractures
Pedestrians involved in an accident often experience fractures to their hands, wrists, arms, back, legs, or shoulders. Bone breaks are often serious and may puncture the skin. These injuries can be very painful and lead to long-term problems. In some cases, amputation is necessary.
Traumatic Brain Injury (TBI)
Head and brain injuries are common in accidents involving pedestrians. These injuries can be life-altering. A single blow to the head can result in significant brain damage.
Symptoms of a traumatic brain injury may include:
- Drowsiness
- Headaches
- Fatigue
- Nausea
- Problems with speech
- Sleep problems
- Loss of coordination
- Dizziness
- Light or sound sensitivity
- Anxiety
- Depression
- Leaking fluid from the ear
Spinal Cord Injury
Car accidents are the leading cause of spinal cord injuries in the United States. Thousands of pedestrians suffer spinal cord injuries due to accidents each year. This type of injury is serious and can lead to paralysis or death. A spinal cord injury is often life-altering and may require long-term care for the victim.
If you or a loved one was injured as a pedestrian in an accident involving a car, truck, bike, or other motor vehicle, you have rights. A Virginia Beach pedestrian accident attorney can help you understand your rights and fight for the financial compensation you deserve.
Damages in a Pedestrian Accident
In Virginia, pedestrian accident victims are entitled to both economic and non-economic damages. You could receive compensation for the following types of damages following a pedestrian accident:
- Medical bills
- Rehabilitation costs
- Future medical care
- Lost wages
- Property damage
- Disfigurement
- Reduced earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment in life
- Emotional distress
If your loved one died due to a pedestrian accident, you may be entitled to make a wrongful death claim to cover funeral and burial expenses as well as the grief you have endured due to the loss of your loved one.
Do not try to deal with the insurance company alone. Enlist the help of a skilled Virginia Beach pedestrian accident attorney to assist you with your personal injury claim to ensure your case is put in the best position for success.
Steps to Take If You Are Hurt in a Crash
If you are injured in a Virginia Beach crash, you want to protect your rights, including the right to seek compensation for your damages. The proper steps to take include:
- Stay calm and assess your injuries
- If possible, move away from the road to a safe location
- Seek medical attention even if you feel fine and follow the doctor’s orders
- Call the police. It is important to have an official police report
- If possible, gather contact information from other driver and witnesses
- Keep track of your medical bills and expenses
- Attend your follow-up appointments
- Document all accident-related expenses
- Write down or record everything you remember about the crash
- Contact your insurance company to report the accident
- Avoid talking about the details with anyone except your lawyer
- Avoid posting about the accident and your injuries on social media
- Consult a knowledgeable Virginia Beach accident attorney right away
Contact a Pedestrian Accident Lawyer Today
Accidents in Virginia Beach are all too common. In this walkable city, pedestrian accidents are on the rise and can be especially devastating. If you or a loved one has suffered an injury as a pedestrian in Virginia Beach, you have rights.
At Preston, Wilson & Crandley, PLC, we have been representing clients in Virginia personal injury cases since 1955. Our highly experienced attorneys will give your pedestrian accident case the attention it deserves to achieve the most favorable outcome possible for you.
Contact Preston, Wilson & Crandley, PLC today to discuss your case.