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Who Covers Losses from Pedestrian Accidents?

A 48-year-old man was struck and killed by a truck recently, according to the Roanoke Police Department. The deadly accident happened on Orange Avenue near to the Days Inn. WDJB7 Reported the pedestrian who was killed by the truck had been trying to cross the road with a friend of his. The pedestrian was transported to Carillon Roanoke Memorial Hospital and was pronounced dead from the pedestrian accident injuries.  The truck driver remained at the scene following the accident. No charges were filed against the trucker, although the investigation into the crash cause continues. pedestrians-1431623

Preliminary evidence suggests the deceased man had stepped out in front of the vehicle immediately before the accident happened. Determining if this is what actually occurred is very important. When pedestrian accidents happen, or other types of car accidents occur, it may be possible for crash victims to pursue an injury claim or for their families to pursue a wrongful death claim. However, to make a case for compensation, it is necessary to prove the driver was at fault for the injuries the pedestrian sustained.

Who Pays for Pedestrian Accident Damages?

Virginia is not a no fault state. In no fault states, every driver has to buy personal injury protection (PIP). Their insurer who they purchased PIP through will thus be responsible for paying for crash-related injuries after an accident, up to policy levels. Someone who is hurt in a pedestrian accident could thus potentially make a claim with his PIP insurer.  In Virginia, however, fault laws apply instead of no fault laws.

This means a victim who gets hurt in a pedestrian accident is likely going to have to make a claim against the driver who hurt him in order to be compensated. Most victims won't have coverage for their own injuries through their own car insurer, unless they purchased optional additional protections.

A victim can make a claim against the driver who hit him only if it can be demonstrated the driver was negligent, in violation driving safety laws, or did something wrong which was the cause of the pedestrian accident. Virginia has a rule called contributory negligence which prevents someone from filing a lawsuit if the person who was hurt was partially responsible for his or her own accident. This means that, in the recent accident, if the pedestrian who was killed actually did step out in front of the truck without warning when the truck had the right-of-way, the pedestrian's surviving family members would not be able to recover compensation for the crash because the walker was at least partly to blame.

Pedestrian accident injuries and deaths can cause substantial financial loss. It is important to determine who is to blame for the accident and to ensure fault can be proved so pedestrians can recover compensation for monetary damages in appropriate situations.

If you have been harmed, contact Davis, Davis, Davis & Davis, PC today at 866-434-1581 or visit https://www.davislawfirm.com to schedule a consultation.  Serving Roanoke, Rocky Mount, Franklin County and Southwest Virginia.  

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