Every year, thousands of pedestrians are injured in car accidents. Usually, these involve hit and run accidents. Or, they may involve someone who was hit while in a crosswalk. In these situations, the person who hit the pedestrian will almost always be held liable. However, there are times when you can sue a pedestrian for damages. It is rare, but it happens. And if it happens to you, it’s important that you contact an experienced car accident lawyer in Virginia Beach, Virginia.
How Could You Possibly Sue a Pedestrian For Damages in Virginia Beach?
It’s not often that a pedestrian would be held liable for a car accident. In fact, the opposite is almost always true. However, there are times when your Virginia Beach accident attorney will be able to demand damages from the pedestrian.
If the pedestrian actually caused the accident, then you shouldn’t be held responsible for your own injuries. The pedestrian may not have insurance. But that doesn’t mean you can’t sue them personally for damages.
In order to show that the pedestrian should be held liable for damages, your attorney will have to demonstrate one of the following:
- The pedestrian jumped out in front of your car
- They were drunk or high and staggered in front of your vehicle
- They were laying in the middle of the road
- They were walking against the “Do Not Walk” sign and entered traffic
Again, it is rare that car accident lawyers in Virginia Beach see these types of cases. But that doesn’t mean it can’t happen to you. Just understand that you may be fighting an uphill battle. Not only do you have to prove fault, you have to prove your damages too.
What Kind of Damages Can You Demand?
If you were injured, then you may be entitled to damages. This is why it’s crucial that you go to the hospital after your accident. Even if you don’t think you’re injured, you need to make sure you’re okay. Your Virginia Beach car accident lawyer will also need proof of your injuries. The best way to do this is to submit a copy of your medical records.
Some of the damages that you may be entitled to include:
- Medical Bills – If you are hospitalized or require medical care, the defendant will have to pay for this treatment. This includes future medical care as well. Your doctor can testify as to what future medical treatment you need. The defendant will be liable for these expenses.
- Lost Wages – If you miss a significant amount of time from work, you can demand that you be reimbursed for lost wages. Usually, this requires that you miss at least a couple of weeks. Your Virginia Beach injury attorney will submit time sheets and payroll records to prove these damages.
- Property Damage – If any of your property was damaged or destroyed during the accident, you can demand compensation. Although this is rare in a pedestrian accident. Unless the pedestrian caused you to drive into a telephone pole or another vehicle, you shouldn’t suffer a great amount of property damage.
- Pain and Suffering – These damages are intended to compensate you for physical and mental anguish. These usually make up the lion’s share of your settlement.
- Permanent Disability – If you can no longer work as a result of your accident, the defendant may be held liable for these damages. They are represented by the difference in what you’ll earn on disability compared to what you would’ve earned if you could return to working full-time.
Just remember. It’s your lawyer’s job to make you whole. It’s not their job to make you rich. They’ll do what they can to get you the compensation you deserve.
Contact an Experienced Personal Injury Attorney in Virginia Beach Today
If you have been hurt in a car accident, you may be able to sue a pedestrian, and you’ll need help. Contact an experienced car accident lawyer in Virginia Beach today. They’ll review your case and let you know what it may be worth. They’ll also answer any questions you may have.
Call CAIL today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. The defendant will have a team of lawyers working for them and you should too. There’s too much at stake to try to handle this yourself. Let them handle the legal side of things while you focus on getting better.