Pedestrian accidents can shatter lives in an instant, leaving victims facing a long road to recovery filled with pain, emotional trauma, and mounting medical bills.
If a vehicle strikes you or a loved one while walking, you need a fierce advocate in your corner who will stand up to the insurance companies and fight tirelessly for the compensation you deserve.
Don’t face these challenges alone. Contact our West Virginia pedestrian accident attorney at Robinette Legal Group today at (304) 381-5814 for a free, no-obligation consultation.
We’ll listen to your story with compassion, explain your legal options, and develop a tailored strategy to pursue the justice and financial recovery you deserve.
You focus on healing; let us handle the legal battle.
Why Choose Robinette Legal Group’s West Virginia Pedestrian Accident Attorneys?
- Unmatched Experience: With decades of combined experience and a proven track record of success, our attorneys can tackle even the most complex pedestrian accident cases. We’ve secured substantial settlements and verdicts for countless clients and are ready to put that experience to work for you.
- Local Advantage: Conveniently located just a short drive from Morgantown Municipal Airport, we have a deep understanding of local laws, courts, and the unique challenges facing accident victims in our community. This local insight allows us to advocate more effectively for you and navigate the legal system with precision.
- Client-Centered Approach: At Robinette Legal Group, you’re more than just a case number. We take the time to listen to your story, understand your needs, and develop a personalized legal strategy tailored to your unique situation. Your recovery and well-being are our top priorities, and we’ll be by your side every step of the way.
- No Fee Unless We Win: We believe that every pedestrian accident victim deserves top-quality legal representation, regardless of their financial situation. That’s why we work on a contingency basis, meaning you pay nothing upfront and no fees at all unless we secure compensation for you.
Pedestrian Accident Compensation
- Medical Expenses: This includes costs for immediate treatment, surgeries, hospital stays, medications, and any necessary ongoing medical care or physical therapy.
- Lost Wages: If your injuries prevent you from working, you can claim compensation for the income lost during your recovery period. This also includes future lost earnings if you cannot return to work.
- Pain and Suffering: This refers to the physical pain and emotional distress you have experienced due to the accident. The amount can vary significantly based on the severity of your injuries and their impact on your life.
- Rehabilitation Costs: Expenses related to physical therapy, occupational therapy, and other rehabilitation services necessary for your recovery.
- Property Damage: If the accident damaged any of your personal property, such as clothing or electronic devices, you could receive compensation for repair or replacement costs.
- Loss of Enjoyment of Life: If your injuries have reduced your ability to enjoy day-to-day activities, hobbies, or overall quality of life, you may be entitled to additional compensation.
- Permanent Disability or Disfigurement: In cases where the accident results in long-term or permanent disability, you may be entitled to compensation for the significant life changes and challenges you will face.
Each case is unique, and the compensation you may receive depends on various factors, including the severity of your injuries, the impact on your daily life, and the circumstances of the accident.
We will thoroughly evaluate your case, considering all relevant aspects, to ensure you receive the maximum compensation possible. Our dedicated team will fight to recover every dollar you are entitled to, providing the financial support needed for your recovery and future well-being.
Where Do Pedestrian Accidents Occur in West Virginia?
Pedestrian accidents are a significant concern in West Virginia, with several areas experiencing higher incidences due to various factors such as traffic density, road conditions, and pedestrian activity.
Urban Centers and Busy Intersections
In West Virginia, pedestrian accidents frequently occur in urban areas such as Charleston, Huntington, and Morgantown. These cities have busy streets and intersections, increasing the likelihood of pedestrian-vehicle collisions.
For instance, intersections like High Street and University Avenue in Morgantown are known for heavy foot and vehicle traffic, making them hotspots for accidents.
The congestion in these areas contributes to the risk of accidents as drivers may not always be vigilant about pedestrians.
Statistical Overview
Recent statistics highlight the severity of the issue. In a recent year, 31 pedestrians died in accidents, marking the highest number of pedestrian fatalities in West Virginia since 2012.
This increase from the previous year’s 22 fatalities shows a concerning trend. These 31 pedestrian deaths accounted for about 12 percent of all traffic fatalities in the state, up from 9 percent in 2012.
County-Specific Data
Kanawha County and Cabell County have recorded the most accidents, reflecting the need for enhanced safety measures in these regions. These counties include major cities like Charleston and Huntington, which have higher pedestrian traffic due to their urban settings.
Universities, such as Marshall University in Huntington, also contribute to the increased pedestrian activity and, consequently, the higher accident rates.
Efforts to Improve Safety
Efforts are being made to address this issue. Cities like Huntington, Charles Town, and Martinsburg are collaborating with the West Virginia Department of Transportation to improve walkability and implement complete street policies, ensuring safer travel for pedestrians and cyclists alike.
These initiatives create safer environments by designing streets for all users, not just motorists.
Common Factors Contributing to Accidents
Several factors contribute to pedestrian accidents in West Virginia:
- Speeding: High rates of speed make it difficult for drivers to stop in time when they see a pedestrian.
- Distracted Driving: With the prevalence of mobile devices, drivers often divert their attention from the road.
- Driving Under the Influence: Impaired driving reduces a motorist’s reaction time and visibility, increasing the risk of hitting pedestrians.
- Failure to Yield: Drivers may fail to yield the right of way to pedestrians at crosswalks, particularly in busy urban areas.
Pedestrian Accident Practice Area
Here are some common types of pedestrian accidents and injuries:
Types of Pedestrian Accidents
- Crosswalk Accidents: Occur when drivers fail to yield to pedestrians at designated crosswalks, leading to collisions.
- Hit and Run: Involves drivers fleeing the scene after striking a pedestrian, complicating the process of seeking compensation.
- Drunk Driving Accidents: Result from impaired drivers hitting pedestrians, often causing severe injuries due to delayed reaction times.
- Backing-Up Accidents: Happen when drivers do not see pedestrians while reversing, commonly in parking lots and driveways.
- Left Turn Accidents: Drivers making left turns may not notice pedestrians crossing the street, leading to accidents at intersections.
Types of Injuries
- Traumatic Brain Injuries (TBI): Caused by the head hitting the ground or the vehicle, leading to long-term cognitive and physical impairments.
- Broken Bones and Fractures: Common in legs, arms, and ribs due to the impact with the vehicle or ground. According to the National Library of Medicine, these injuries in the lower body are the most common from pedestrian accidents.
- Spinal Cord Injuries: Can result in partial or complete paralysis, significantly impacting the victim’s quality of life.
- Soft Tissue Injuries: Include bruises, lacerations, and strains, which may require extended periods of healing and physical therapy.
- Internal Injuries: Damage to organs and internal bleeding that require immediate medical attention and often surgery.
- Psychological Trauma: Post-Traumatic Stress Disorder (PTSD) and other mental health issues resulting from the accident.
Fighting the Insurance Company
Dealing with insurance companies after a pedestrian accident can be daunting. Insurers often aim to minimize payouts, making it challenging for victims to receive fair compensation.
Common Tactics Insurance Companies Use
- Delaying Claims: Insurance companies might delay processing claims to pressure victims into accepting lower settlements. By prolonging the process, they hope the financial strain will force you to settle for less than you deserve.
- Disputing Liability: Insurers may dispute liability to avoid paying or to reduce the payout amount. They might argue that the pedestrian was at fault or partially responsible for the accident.
- Undervaluing Claims: Insurers often undervalue the extent of injuries and damages, offering settlements that do not cover the actual costs incurred. They might downplay the severity of injuries or the need for long-term medical care.
- Requesting Unnecessary Information: Sometimes, insurance companies request excessive documentation, hoping to find inconsistencies or reasons to deny the claim.
- Misinterpreting Policy Language: Insurers might misinterpret or selectively interpret policy language to minimize payouts. This includes disputing the coverage limits or the applicability of certain benefits.
- Recorded Statements: Adjusters may ask for a recorded statement, which they can use to contradict your claim later. We always recommend getting legal representation before giving any statements to the insurance company.
- Surveillance: Insurers might conduct surveillance to monitor your activities, trying to catch you doing something that contradicts your injury claims. Opposing parties can use this to dispute the severity of your injuries.
- Independent Medical Examinations (IME): Insurance companies might require an IME by a doctor of their choosing. These doctors often downplay the extent of your injuries, which can negatively impact your claim.
How We Can Help You
Robinette Legal Group has extensive experience negotiating with insurance companies. Our team will:
- Gather Evidence: Collect medical records, police reports, and witness statements to build a strong case. We also work with experts such as accident reconstructionist and medical professionals to support your claim.
- Negotiate Aggressively: We negotiate with the insurance company to ensure they provide a fair settlement that covers all your losses, including medical expenses, lost wages, pain and suffering, and more.
- Litigate if Necessary: If negotiations fail, we can take your case to court to secure the compensation you deserve. Our attorneys are skilled litigators with a track record of success in the courtroom.
- Handle Communications: We manage all communications with the insurance company, protecting you from tactics designed to undermine your claim. This ensures you don’t inadvertently say something that opposing parties can use against you.
- Explain Your Rights: We ensure you understand your rights and the value of your claim, so you can make informed decisions throughout the process.
How to Protect Yourself
- Seek Legal Representation: Contact an experienced pedestrian accident attorney immediately. They can guide you through the process and handle all interactions with the insurance company.
- Document Everything: Keep detailed records of all medical treatments, expenses, and any correspondence with the insurance company. This documentation is crucial for supporting your claim.
- Follow Medical Advice: Adhere to your treatment plan and attend all medical appointments. Insurers may see any gaps in your treatment to argue that your injuries are not as severe as claimed.
- Be Cautious with Social Media: Avoid posting anything on social media. Insurance adjusters often monitor social media accounts for evidence that they can use to dispute your claim.
What to Do After a Pedestrian Accident
While you may have already sought medical attention, you can do more to protect yourself and your legal right to compensation from the at-fault party.
Follow Your Treatment Plan
- Adhere to Medical Advice: Follow all recommendations from your healthcare provider, including attending follow-up appointments and adhering to prescribed treatment plans. This helps demonstrate the seriousness of your injuries and your commitment to recovery.
Collect and Preserve Evidence
- Keep Receipts: Save receipts for all accident-related expenses, including medical bills, transportation costs for medical appointments, and any other out-of-pocket expenses. These receipts help establish the financial impact of the accident.
- Maintain a Journal: Document your recovery process in a journal. Note your pain levels, physical and emotional challenges, and how your injuries affect your daily life. This personal account can be powerful evidence in your case.
- Obtain the Police Report: Get a copy of the police report from the accident. This report often contains critical details about the incident and can serve as an objective account of what happened.
Gather Information and Support
- Witness Statements: If possible, collect contact information and statements from any witnesses to the accident. Their testimonies can corroborate your account and strengthen your case.
- Photographs: Take photos of the accident scene, your injuries, and any property damage. Visual evidence can clearly show the accident’s impact and support your claims.
Contact Robinette Legal Group
- Consultation: Schedule a free consultation with Robinette Legal Group to discuss your case. Our experienced team will evaluate your situation, advise you on your legal options, and help you understand the potential value of your claim.
Get Justice, Get Paid
Don’t let insurance companies minimize your claim or delay your recovery. Contact Robinette Legal Group today for a free consultation. Let our experienced West Virginia personal injury lawyers fight for your rights and help you achieve the justice and compensation you deserve. Call (304) 381-5814 to get started on your path to recovery.
Robinette Legal Group, PLLC
211 Everhart Dr Ste 200,
Morgantown, WV 26508,
United States
Contact Number – (304) 403-7504
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