Lewisburg Pedestrian Accident Lawyer

Lewisburg Pedestrian Accident Attorney

Walking is a great form of exercise, but as a pedestrian, you are vulnerable to injury when sharing the road with motorists. Crosswalks help improve urban walkability and safety, but sometimes aren’t enough to keep you safe from negligent drivers. If you’ve been injured while crossing a street, a Lewisburg pedestrian accident lawyer can help.

Hire a Pedestrian Accident Lawyer

At Wooton, Davis, Hussell & Johnson, PLLC, we have over 130 years of experience advocating for the rights of Greenbrier County residents. We are well-respected at all area courts, including the Greenbrier County Circuit Court, where most local traffic cases are heard. We can help you build a compelling case if you’ve been injured while walking in a crosswalk on any Lewisburg roadway.

West Virginia Crosswalk Laws

Drivers and pedestrians must obey certain laws when using West Virginia roads. While the number of pedestrian deaths is declining, with only 7 pedestrian deaths statewide in 2024, serious pedestrian injury accidents are still a major issue. Some of these injury accidents happen in crosswalks. When approaching a crosswalk, a pedestrian must obey the traffic signal, and a driver must:

• Obey traffic signals and give pedestrians the right-of-way before executing a right turn on red or a left turn on green.
• Allow sufficient time for the pedestrian to cross the street, giving extra time to children, elderly people, or anyone who needs additional time.
• Honk their horn to alert pedestrians, if necessary.
• Yield the right-of-way to workers and obey flagmen if they are present.
• If no traffic signals are present, drivers must wait for pedestrians to cross at crosswalks and intersections.

Common Injuries in Pedestrian Accidents

Pedestrians are highly vulnerable to severe injuries because they are unprotected, and the impact velocity of a vehicle is usually catastrophic when a driver hits a pedestrian. Serious injuries such as traumatic head and spinal cord injuries, compound fractures, internal bleeding, and even death can occur because of being struck by a moving vehicle. Sometimes, the severity of the injuries isn’t immediately apparent. Seek medical attention after any accident.

After an accident, you should call 911 or have someone else call for help, collect any witness statements you can, and request a copy of the police report and personal information from the other party to help document your case. It’s vital to contact an attorney as soon as possible to help you gather evidence to support your claim.

Liability in Pedestrian Accident Cases

In pedestrian accident claims, West Virginia uses a modified comparative fault standard to establish each party’s percentage of negligence in an accident. While many crosswalk accidents are clearly the fault of the driver, sometimes the pedestrian will share some amount of liability, such as when they cross against the traffic signal, or jaywalk outside of a crosswalk, forcing oncoming traffic to adjust too quickly to avoid a collision.

To receive compensation in a pedestrian accident claim, your share of liability must be less than that of the defendants, and the amount of compensatory damages will be calculated according to your percentage of fault. It’s crucial to hire a pedestrian accident lawyer to represent you after a crosswalk accident, even if you believe you are not at fault, to help you gain the fullest amount of compensation you are entitled to by law.

Compensation for Crosswalk Injury Claims

In West Virginia, plaintiffs in personal injury claims, including crosswalk injury accidents, can seek economic and non-economic damages. Economic damages reimburse monetary losses such as medical bills and lost wages stemming from the accident. Non-economic damages address subjective losses such as pain and suffering.

Occasionally, plaintiffs in injury accident cases may also be awarded punitive damages if the more liable party displays malicious intent or reckless negligence, such as running a red light at high speeds, or aggressively targeting a pedestrian. These punitive damages can be significant–up to 4 times the amount of the compensatory damages, according to West Virginia Statute §55-7-29.

If you or someone you love has been injured due to a negligent driver, consult with a Lewisburg pedestrian accident attorney as soon as possible to help you understand the complex laws around personal injury compensation and how you can build a successful case.

FAQs

Do Pedestrians Always Have the Right-of-Way in WV?

It’s a common assumption that pedestrians always have the right-of-way, but this is not the case in West Virginia. Pedestrians only have complete right-of-way in crosswalks while obeying traffic signals. Drivers should always try to avoid an accident, but fault is shared in West Virginia accidents, and pedestrians can be held accountable for mistakes that contribute to their accident.

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

Leaving the scene of an accident is a crime in West Virginia. If you hit a pedestrian, even if they say they are fine, and walk away, you must still call the police and report the accident. If you do not, you could face penalties. Not all injuries are immediately apparent in a pedestrian accident, and if the person you hit has severe injuries, you can still be held responsible.

If There Is No Crosswalk, Who Is at Fault in the Accident?

It depends on who has the right-of-way. If a pedestrian does not yield to oncoming traffic or obey traffic signals, they are partially at fault. If a driver refuses to allow a pedestrian to cross an intersection with no crosswalk before executing a turn or refuses to yield at intersections with stop signs, the greater liability rests with the driver.

Who Is at Fault if a Pedestrian Is Hit While Jaywalking?

Jaywalkers usually have a higher degree of liability under West Virginia’s modified comparative fault rule and will likely be ticketed for illegally jaywalking. However, motorists are not allowed to run over jaywalkers and must still do everything in their power to avoid hitting a pedestrian. Even if you were jaywalking, especially if evidence proves the driver was speeding or impaired, you may still claim compensation.

Speak To Our Lewisburg Pedestrian Accident Lawyer

At Wooton, Davis, Hussell & Johnson, PLLC, we have over a century of combined experience in personal injury law. When you need to hire a legal team that can aggressively advocate on your behalf in Greenbrier County, look no further. Contact us today to schedule a case evaluation to discuss your options.