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Tourists and residents alike find Norfolk a great town to walk around in, but its popularity makes it a dangerous place at times for pedestrians. When a vehicle collides with a pedestrian, especially on high-traffic roads like Granby Street and East Virginia Beach Boulevard, very serious injuries often result. This is especially unfortunate when the accident is due to negligence on the part of a driver.
If you are suffering after a pedestrian accident, it is important to seek medical treatment and follow your doctor’s instructions. However, it is also a wise idea to consult a Norfolk pedestrian accident lawyer before too much time passes. A knowledgeable personal injury attorney from Cooper Hurley Injury Lawyers could advise you about whether you may have a claim to recover compensation and help with preparing evidence to build the strongest possible case for recovery.
Drivers must study rules of the road and pass an exam before legally driving on the streets of Norfolk. Many pedestrians, on the other hand, are not even aware of many of the pedestrian laws issued by state and local governments specifically to protect them.
To complicate matters further, sometimes these laws can be difficult to interpret. For instance, Norfolk Code of Ordinances §25-627 specifies that vehicle drivers must yield the right of way to pedestrians in crosswalks or in any intersection of streets where the speed limit is not more than 35 miles per hour.
However, the same section also specifies that “[n]o pedestrian shall enter or cross an intersection in disregard of approaching traffic.” It is not always clear when traffic is considered to be “approaching,” so in many situations a Norfolk pedestrian accident attorney—or an insurance company trying to save money to an accident victim’s detriment—could argue that either a pedestrian or vehicle driver violated this ordinance.
Drivers owe a certain duty of care to others on the road, including pedestrians. Part of that duty is to pay attention to surroundings and follow the rules of the road. When drivers fail to fulfill their duty of care and harm results, they may be held liable for that harm under the tort theory of negligence.
For instance, if a driver exceeds the speed limit or texts while driving, these practices could be considered negligent both as a violation of the law and as a failure to exercise reasonable care while driving. So, if you get hurt in an accident caused by someone speeding or texting behind the wheel, you could make a good case that the driver in question should be held liable for the consequences of their negligent actions.
Virginia negligence law includes a contributory negligence defense. This rule prevents you from recovering damages for negligence when your own negligence contributed to the cause of your injury.
For example, if you are hit while crossing Monticello Avenue outside of a crosswalk, your own conduct could be considered sufficiently negligent to bar a claim for recovery from the driver who hit you. The application of this rule can be complicated, so it is worthwhile to have an attorney knowledgeable about Norfolk laws and roads evaluate the details of your pedestrian accident to determine whether this rule could potentially bar recovery of damages.
Pedestrian accidents differ from many other types of accidents because of the additional laws and types of injuries involved. Different types of compensation may be available to make up for both economic losses and intangible effects such as pain and suffering. To have the best chance of obtaining recovery, though, it is important to collect sufficient evidence to demonstrate negligence.
Although your case may be settled before going to court, the quality of evidence and legal arguments can make quite a difference in the amount recovered. To learn what may be possible in your case, call a Norfolk pedestrian accident lawyer today. Our legal team here at Cooper Hurley Injury Lawyers is standing by to help you.