Practice Area

West Virginia Pedestrian Accident Attorney

West Virginia Pedestrian Accident Attorney


The dedicated West Virginia pedestrian accident lawyers at Manchin Injury Law Group work hard to help clients obtain compensation that can pay for medical care, rehabilitation services and other needs. Our firm has extensive experience representing people who have suffered very serious injuries from pedestrian accidents in West Virginia.

West Virginia Pedestrian Accident Lawyer

You can depend on the Manchin Injury Law Group for assistance after a harmful pedestrian-vehicle collision. Our dedicated West Virginia pedestrian accident attorneys will do everything they can to help you obtain the medical care you need and the compensation you deserve. Contact us today for a free consultation.

How Can a Pedestrian Accident Lawyer Help?

Contacting an attorney to represent you during a personal injury case can make the legal process easier for you and your family. After a harmful accident, you have enough to focus on, such as your physical recovery and medical bills. A pedestrian accident lawyer can take over your case and handle tasks such as accident investigation, evidence collection and eyewitness interviewing. Then, your lawyer can fill out the claims paperwork and submit it to the civil courts in the correct county by West Virginia’s deadline.

Going up against a driver’s insurance company as an injured pedestrian can be difficult without legal representation. Insurance providers wish to minimize payouts to save themselves as much money as possible. The best way to argue for maximum financial compensation – especially for a serious injury with foreseeable medical costs – is by hiring an attorney to represent you during settlement negotiations. An experienced West Virginia personal injury lawyer will have the skill and resources to demand fair and full compensation for you, including the ability to go to trial, if necessary.

What Type of Compensation Is Available for Injured Pedestrians?

If you get injured in a pedestrian collision, you may be entitled to compensation from the driver’s insurance company for several past and future losses. Although no amount of money can take back what happened to you, it can help your family move forward with greater financial peace of mind. You may be eligible for both economic and noneconomic damages (compensation) in a pedestrian accident case, including:

  • Medical expenses
  • Lost income
  • Lost capacity to earn
  • Property damage
  • Out-of-pocket expenses
  • Pain and suffering
  • Psychological trauma
  • Punitive damages

It is important to get an accurate and honest evaluation of the value of your case from a West Virginia pedestrian accident attorney before accepting a settlement offer made by an insurance company. The initial offer may be less than your case is worth, as an attempt by the insurer to make a profit. An attorney will want to maximize your monetary recovery, not minimize it. A lawyer can help you write and submit a demand letter to an insurance company to pursue fair compensation.

Common Pedestrian Injuries

With no protection from the elements and forces involved in a crash, a pedestrian can suffer catastrophic injuries to any part of the body. At Manchin Injury Law Group, our accident lawyers have the power to represent clients with all types of injuries, both major and minor. We understand how injuries affect survivors and their family members, as well as how to navigate the legal system to acquire maximum financial compensation.

We can help if you’ve been diagnosed with any type of injury after being hit by a car, including:

Many injuries associated with pedestrian accidents affect survivors forever, with thousands of dollars in medical care necessary over a victim’s lifetime. No matter what injuries you were diagnosed with after a pedestrian-vehicle collision, contact us for assistance. Our attorneys can also help if you lost a loved one in a fatal pedestrian accident in West Virginia. We offer advocacy during wrongful death lawsuits, where we can fight for compensation for your family’s funeral and burial costs, lost earnings, loss of consortium, and more.

Common Causes of Pedestrian Accidents

Pedestrian accidents are often preventable. They happen when someone is negligent, or fails to use a proper amount of care. If a driver is negligent behind the wheel and runs a red light, for example, it can result in a pedestrian collision. In West Virginia, there is a fault insurance law that states that a victim must identify the cause of the accident before filing an insurance claim. Some of the most common causes of accidents include:

  • Operating under the influence
  • Distracted driving
  • Reckless driving
  • Running through intersections
  • Speeding
  • Illegal passing
  • Passing a school bus
  • Failing to yield the right-of-way
  • Breaking traffic laws

Driver errors are the top cause of pedestrian accidents. If a pedestrian contributes to the crash, such as by walking on the road or jaywalking, state law still permits the pedestrian to recover compensation. However, the law caps the ability to recover at 49 percent of fault for an injury. This means that you or your lawyer must prove you were 49 percent or less at fault for the accident to be eligible for compensation. Identifying the cause of your crash is something that an experienced West Virginia pedestrian collision attorney can do for you.

Proving Liability

Winning a pedestrian accident personal injury case focuses on proving that the driver is liable for the injuries you sustained. To prove negligence in a pedestrian accident, you must prove four things:

  • He or she owed a legal duty to you.
  • He or she failed to uphold that duty.
  • He or she caused an accident because of his or her failure.
  • The resulting accident harmed or injured you.

If you can prove the defendant was acting negligently, the court will most likely award you the compensation that you need.

Driver’s Duty of Care

Whenever a driver is on the road, he or she has an automatic duty to anyone else on the road, including pedestrians, bicyclists, and other motor vehicle drivers. He or she has a duty to drive in a way that keeps everyone else on the road reasonably safe. If a driver causes an accident because of his or her negligence, he or she has failed to uphold the duty owed you.

Pedestrian accidents can happen in many ways. One of the most common circumstances is when a distracted driver is driving. Common reasons for driver distraction are texting and talking on the phone, focusing on a GPS, and putting on makeup or some type of facial application.

Another common way that a driver can injure a pedestrian is when that driver fails to yield to a pedestrian on a crosswalk or disobeys traffic signs or signals. Impatient drivers running red lights or turning before pedestrians are out of the way can be serious dangers.

Reckless driving is one of the more common reasons for pedestrian accidents. If the driver is speeding or driving under the influence, his or her reduced sense of duty can put pedestrians at risk. He or she is also less likely to have the time or reaction speed to prevent an accident from happening.

Driver’s Duty of Care to Children

The duty of driving reasonably intensifies when there are children around. A driver must take extra care, as children between the ages of 5 and 9 are at the greatest risk of being hit by a motor vehicle. The child could be wandering in the road or be unaware that there is a vehicle coming. In circumstance with children, we expect the driver to raise his or her standards and be especially careful.

What to Do If You Are in a Pedestrian Accident

If you are in a pedestrian accident, it is important to stay calm. Call the police as soon as you can and do not leave the scene of the accident until they arrive. Try to get contact information of any witnesses, so you can later contact them if you decide to file a claim and need statements. Do not make statements to anyone except a police officer. If you admit blame in any way, it could come back to hurt you. Admitting blame could problematic if either party decides to file a claim. Finally, seek medical attention. Even if you do not think you suffered injuries, it is important to be sure.

Pedestrian Accident Statistics

Pedestrians run the risk of experiencing serious, sometimes fatal injuries whenever they walk on the streets. The National Highway Traffic Safety Association (NHTSA) reported 6,205 pedestrian deaths in 2019 alone. In 2019, one pedestrian was killed in a traffic accident every 85 minutes. An even larger number of injuries occurs in pedestrian accidents with motor vehicles.

The rate of pedestrian collisions has increased over the last 10 years, largely due to an increase in distracted driving. The NHTSA reported 3,142 lives lost in distracted driving accidents in 2019. Despite the fact that texting while driving is prohibited in West Virginia, thousands of drivers commit this offense. Cell phone use and other distractions increase the chances of drivers overlooking pedestrians and causing devastating accidents. Drunk and drugged driving are also common issues behind pedestrian accidents.

Maximizing The Value Of Your Claim

You may still be able to obtain compensation even if your pedestrian accident did not happen in a marked crosswalk.Discuss the details of your particular case with an attorney to explore your rights. A driver may have broken a law or violated his or her duty of care to you even if you were not crossing at an intersection or crosswalk. Even if you were partially responsible for the wreck, you may be entitled to financial compensation.

Do not assume that you are ineligible for compensation before talking to an attorney. There may be one or more sources of insurance compensation in a pedestrian accident case. Your own insurance may provide compensation, or the driver’s liability insurance may provide compensation. If you were injured in a hit-and-run accident, your uninsured motorist coverage may also provide a source of compensation.

At the Manchin Injury Law Group, our Wests Virginia pedestrian accident lawyers understand insurance coverage issues. We will work diligently to help you obtain maximum compensation so that you can start rebuilding your life. Our lawyers will thoroughly examine all available sources for financial recovery in your case, then help you fight for optimal results.

Contact Us Today

If you or a loved one has been injured in a pedestrian accident in West Virginia, don’t hesitate to contact us for assistance. Manchin Injury Law Group understands how these cases work and can help you get through this difficult time. We offer free consultations and work on a contingency fee basis, meaning you’ll only pay your lawyer if we win your case. Contact us today for your free initial consultation.

Free Consultation — Get Legal Help Today

Talk to our Fairmont lawyers about your personal injury or wrongful death claim today by contacting us online, or by calling us at (304) 367-1862.

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We offer a free initial consultation at our office in the Manchin Professional Building — our home since 1983 — conveniently located in Fairmont.

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