Beckley Pedestrian Accident Lawyer

Beckley Pedestrian Accident Attorney

If you’ve been injured as a pedestrian, the mental and physical distress you’ve endured deserves compensation. Pedestrians are incredibly vulnerable to vehicular injury, and accident victims often experience pain and suffering, time lost from work, as well as emotional and financial hardship. A Beckley pedestrian accident lawyer can help.

At Wooton, Davis, Hussell & Johnson, PLLC, we understand the devastating impact of personal injury. With over 130 years of combined experience advocating for pedestrian accident victims, we approach your case with knowledge and compassion. After an accident, your first priority should be recovery and healing. We’re here to help you move forward from your crash and receive compensation for your suffering.

Pedestrian Accidents in West Virginia

Walking is one of the most beneficial forms of exercise and is environmentally friendly, but it carries certain risks. On average in America, a pedestrian is killed every 70 minutes and injured every 8 minutes. In West Virginia alone, 22 people were killed in pedestrian accidents in 2022. Speeding, distraction, substance use, and reckless, discourteous driving all contribute to the prevalence of pedestrian death and injury.

West Virginia Pedestrian Traffic Laws

The rules governing how pedestrians and drivers interact on West Virginia roads were established to help reduce the risk of accidents. Pedestrians, as well as drivers, can be fined or even prosecuted for breaking these laws.

According to state laws, pedestrians must:

• Follow traffic signals when crossing intersections
• Use crosswalks whenever they are available and stay to the right side of the crosswalk so that others can pass more easily
• Whenever possible, pedestrians should walk on the sidewalk. If there is no sidewalk, pedestrians should walk on the left side of the road so they can see oncoming traffic.
• If there is no crosswalk, pedestrians must allow traffic to pass before crossing the street.
• More local laws may apply, depending on the city.

Drivers must:

• Give right-of-way to pedestrians in crosswalks
• Honk the horn to avoid a collision
• Give special care and time to allow children, the elderly, and disabled pedestrians to cross the road
• Obey school crossing guards
• Give right-of-way to workers and construction crews when there are signs and flags designating workers
• Stop at non-working traffic lights to allow people to walk in crosswalks and not drive around another car that has stopped to allow a pedestrian the right-of-way

Even with these laws and rules in place, it’s an unfortunate fact that pedestrian accidents still happen. These devastating accidents cause severe injury, as well as financial and medical hardship. While prevention should always be the goal, addressing the effects of a pedestrian accident is vital to ensure the well-being of victims and help them seek justice.

Regardless of whether the pedestrian disobeyed traffic laws or not, the driver in a pedestrian accident usually owes some degree of compensation to the pedestrian, due to West Virginia’s comparative fault, also called comparative negligence, provisions. Beckley pedestrian accident cases are usually heard at the Raleigh County Judicial Center at 222 Main Street.

When to Hire a Pedestrian Accident Lawyer

If you or a loved one has been impacted by a pedestrian accident in Beckley, your first step is to hire a pedestrian accident lawyer to help you gather evidence for your claim, answer your questions about West Virginia’s complex pedestrian accident laws, and advocate for you with the courts.

Compensation for pedestrian accident cases often includes awards for emergency medical costs, ongoing medical care, therapy, and rehabilitation, damages for pain and suffering, lost wages, and more. Our legal team at Wooton, Davis, Hussell & Johnson, PLLC, can consult with you to determine the extent of your injuries and losses and craft a compelling case.

With our client-first approach, we take the time to listen and advise you with compassion and attention to detail. You don’t have to suffer with the emotional and financial aftermath of an accident alone. We’re here to help you receive the compensation you deserve.

FAQs

Do Pedestrians Always Have the Legal Right-of-Way in West Virginia?

Most of the time, but not always. According to Chapter 17c, Article §17C-10-2 of the West Virginia Code, in a crosswalk, if a traffic signal is operational, pedestrians must utilize the traffic signals to cross an intersection within the crosswalk. If there is a crosswalk but no traffic signal available, drivers must yield the right-of-way to pedestrians.

When there are no crosswalks available, the laws governing right-of-way are contingent on both the pedestrian and the driver allowing for safe passage.

What Is Comparative Fault?

Comparative fault is a legal standard in West Virginia that assigns fault among parties involved in an accident. If a party is found to have less than 50% liability in an accident, they may still be able to recover damages from the more negligent party. For example, if a pedestrian jaywalks and the driver who hits them is speeding, in most cases, the pedestrian can receive compensation. Your attorney can explain the fault assignments in your specific case.

What Happens if You Hit a Pedestrian and They Walk Away in Beckley?

Even if a pedestrian walks away from an accident in Beckley, as a driver, you may still face punitive actions. Every state requires drivers to stop at the scene of an accident, give any needed assistance, and provide identification and insurance information. Not all injuries are immediately apparent, and the pedestrian may still pursue a civil case against the driver, even if they are able to walk away from the scene of the accident.

What Happens if You Hit a Pedestrian and It Is Their Fault?

In West Virginia, when a pedestrian disobeys the rules established in the traffic codes, fault and liability are often split between the pedestrian and driver. However, even when the pedestrian is negligent, the driver usually owes some compensation to the pedestrian because their share of liability is almost always higher.

The courts use eyewitness testimony, insurance records, and medical records as evidence to help determine comparative fault and adjust the settlement accordingly.

Have You Been the Victim of a Pedestrian Accident? Contact Us for a Consultation

At Wooton, Davis, Hussell & Johnson, PLLC, we understand how difficult it is to recover after a pedestrian accident. With over a century of combined experience, our knowledgeable legal team is here to help. Contact us today to schedule a consultation.