What If a Hit-and-Run Driver Injures or Kills a Pedestrian?

 Posted on February 13, 2025 in Personal Injury

On January 29th, a tragic hit-and-run pedestrian accident in Fairfax County killed a mother and injured her young son. The duo was struck by an SUV, whose driver left the accident scene. Later, the driver abandoned the SUV.

Pedestrian accidents typically cause extremely severe or fatal injuries. However, Virginia’s negligence law holds that injured victims cannot recover compensation if they are even partially to blame for causing their accidents. Hit-and-run accident claims can be challenging, especially when the victims are pedestrians. A knowledgeable Fairfax, VA personal injury attorney can evaluate your case and help you explore your legal options.

What Is Pure Contributory Negligence?

All states have laws that determine whether injured victims can pursue a compensation claim. Virginia is one of only a few states using pure contributory negligence. If you share any responsibility for causing the accident that injured you, you cannot seek damages from other at-fault parties. Do not assume you are partially to blame; instead, contact us so we can evaluate your case free of charge.

How Can Pedestrians Be At Fault for Car Accidents?

Pedestrians must follow traffic laws. You might think that pedestrians are never to blame, but their actions sometimes contribute to the accidents that injure them. Jaywalking, which is crossing a street illegally, could cause an accident. Letting distractions get in the way of safety, such as unknowingly walking into a street while looking down at your phone, is also an accident risk.

As with any motor vehicle accident, you need evidence to prove that someone else’s negligence caused it if you hope to secure damages. With hit-and-run collisions, your possible avenues for compensation are limited.

How Can I Get a Settlement After a Hit-and-Run Collision?

If the at-fault driver is not identified and found, you can file a claim against your own auto insurance policy. For wrongful death claims, you would file with the victim’s auto insurance company. Optional personal injury protection and Med Pay coverages should provide benefits up to your policy limits. Uninsured/underinsured motorist coverage could also provide compensation.

Sometimes, pedestrians who are injured or killed in a hit-and-run accident do not have car insurance. If this applies to you, your best bet is to call our office to set up your no-cost case review. We understand the applicable laws and can explain your options.

Discuss Your Case With a Skilled Fairfax, VA Pedestrian Accident Lawyer

When you choose Robinson Law, PLLC, you get the benefit of our 50+ years of experience winning cases similar to yours. Call us 24/7 at 703-844-3746 or contact us online to speak with a dedicated Fairfax, VA personal injury attorney today. Hablamos Español.