West Virginia Pedestrian Accident Lawyer

West Virginia Pedestrian Accident Attorney

Pedestrians have no physical protection, making them extremely vulnerable during accidents. If you’ve been involved in such a crash, it’s important to hire a West Virginia pedestrian accident lawyer to represent you. They’ll be able to advocate for your legal rights during the entirety of your case.

Hire a Pedestrian Accident Lawyer That West Virginia Residents Trust

Here at Wooton, Davis, Hussell & Johnson, PLLC, our attorneys have over 130 years of combined professional experience helping our neighbors during their most difficult moments in life. After an accident, you should be focused on rest and recovery. Let us take care of your legal case for you so you can move forward from your crash.

West Virginia Pedestrian Crosswalk Laws

In 2022, there were 22 pedestrian deaths in the state due to crashes. West Virginia has a set of rules that explain how pedestrians and drivers should behave to keep everyone safe. Pedestrians must follow traffic signals when crossing streets at intersections. In some places, cities can make extra rules requiring people to strictly follow traffic lights or to cross only at crosswalks.

When using the crosswalk, pedestrians must try to stay on the right side, so everyone can pass more easily. Drivers must:

• Always be careful to avoid hitting pedestrians
• Honk the horn if needed
• Take extra care when they see children, elderly people, or anyone who seems confused or unable to move quickly
• Give the right-of-way to workers on roads or highways when there are signs or flaggers showing that work is being done

When there are no working traffic lights, drivers must:

• Slow down or stop to let people cross the road at crosswalks
• Wait for and not drive around another car if that car has stopped to let someone cross the street

During this time, a pedestrian shouldn’t suddenly step in front of a moving car if it’s too close to stop.

What to Do if There Are No Crosswalks

In West Virginia, the top 10 largest cities have an average walk score of 41. Comparatively, the average number of cars in 2023 was two cars per household. Because of rural environments and a lack of city walkability, many places aren’t usable for pedestrians. If there’s no crosswalk available, pedestrians must:

• Wait for cars to pass and let vehicles go first.
• Use sidewalks instead of walking on the road. If sidewalks are absent, pedestrians should use the left side of the road or shoulder to walk, facing oncoming traffic.
• Use a bridge or tunnel made for pedestrians instead of crossing the road.

Anyone who breaks pedestrian rules can be fined. The first fine can be up to $100, the second up to $200, and any later fine up to $500.

West Virginia Pedestrian Accident Laws

After being involved in a crash, it’s important to hire a pedestrian accident lawyer to represent your case. They’ll be able to explain West Virginia’s complex laws surrounding personal injury cases.

West Virginia courts follow a modified comparative fault system when determining compensation. This number is never random, but based on the personal losses suffered by the filing party and the percentages of fault of everyone involved in the accident.

Courts understand that victims often make their own mistakes that contribute to accidents. Knowing this, they still allow them to pursue compensation, but will reduce their final settlement amount by their percentage of fault.

For example:

• If you were crossing the street without an available crosswalk but didn’t yield to cars, you may be assigned 40% fault for the accident.
• If a driver hits you while texting on their phone, they may be found to be 60% at fault.
• If your final settlement amount was $100,000, it would be reduced by 40%, making the amount you actually receive $60,000.

FAQs

What Do I Do After Being in a Pedestrian Accident?

Regardless of whether you’re the driver or the pedestrian, call 911 and get medical treatment. Even if you feel okay, some injuries won’t present symptoms until it’s too late. Collect the contact and insurance information of all parties involved in the crash. Be sure to get witness contact information, too. Don’t admit fault or apologize during this time, as it’ll be used against you in your case. Then, hire a lawyer to navigate the next steps.

What Damages Can I Seek in a West Virginia Pedestrian Crosswalk Accident Case?

In West Virginia, filing parties can seek economic and non-economic damages. Economic damages are easy to calculate and are based on monetary losses. It can include medical bills and lost income. Non-economic damages are more subjective and can include pain and suffering and loss of enjoyment of life. Punitive damages may be awarded if the guilty party acted with extreme malice or recklessness, such as intentionally crossing the street in front of your car or a driver driving extremely drunk.

What Evidence Can Prove Fault in My Pedestrian Crash Case?

Having as much evidence as possible is key to winning a personal injury case. Courts rely on evidence to make their judgments. It can include photos and videos taken at the time of the crash, of the crash site, any visible injuries, and property damage to your personal belongings or vehicle. Dashcam and traffic camera footage can be beneficial. Include copies of the incident report and medical records. Your lawyer can get eyewitness and professional testimony to back your claim.

How Long Do I Have to File My Pedestrian Crosswalk Accident Claim in West Virginia?

In West Virginia, filing parties generally have two years to file. If you don’t file within that deadline, courts will dismiss your case and bar you from pursuing compensation. It’s important to file early, as it makes preserving evidence easier. Proof tends to disappear quickly, with traffic footage being taped over and witness memories fading over time. Cases are easier to navigate the earlier you file.

Experienced Personal Injury Law Firm in West Virginia

Contact Wooton, Davis, Hussell & Johnson, PLLC, today to schedule your first appointment. When you come in for your consultation, our attorneys will listen to every detail of your situation and your desired outcome. From there, we’ll give you transparent legal guidance so you can make informed decisions regarding your case. We value giving clients back the control they lost during their accident.