If you are a pedestrian hit by a motor vehicle in Virginia, several sources of financial compensation may be available to help cover medical expenses, lost wages and other losses you suffer. Understanding these sources can provide clarity during a challenging time and ensure you take advantage of all avenues for recovery.

A major source of compensation is the liability insurance of the driver who hit you. Virginia law requires all drivers to carry minimum liability coverage: $30,000 for bodily injury per person, $60,000 per accident and $20,000 for property damage. If the driver is found at fault, their insurance policy should cover your medical bills, lost income and pain and suffering. However, you must prove that the driver’s negligence caused the accident. Evidence such as eyewitness statements, traffic camera footage and police reports can strengthen your claim.

Virginia also requires drivers to carry a minimum of $2,000 in medical payments (MedPay) coverage, which provides benefits for drivers, their family members and any pedestrians they injure. Medical expense benefits (MEB) cover immediate costs resulting from the accident, such as ambulance services, hospital bills and rehabilitation expenses. Since MedPay does not require proving fault, it can serve as a quick and effective resource for pedestrians in need of urgent care who cannot afford to wait for a liability settlement.

However, your own conduct may be taken into account in determining compensation. Virginia Code § 46.2-924 requires pedestrians to cross at designated crosswalks or intersections and to obey traffic signals. If you violated this law at the time of the accident, it could significantly affect your ability to recover damages. Virginia follows a strict contributory negligence rule, which means that if you are even 1 percent at fault for the accident, you may be barred from recovering compensation from the driver. 

If the driver responsible for your injuries flees the scene, you may still have options. In hit-and-run cases, you can file a claim under your own uninsured motorist (UM) coverage, which is mandatory in Virginia. This insurance is designed to compensate victims when the at-fault driver cannot be identified. You can also claim benefits under your personal health insurance policy. Additionally, if the driver is later located, you can pursue a liability claim against them.

Navigating the aftermath of a pedestrian accident can be overwhelming, especially when dealing with insurance claims and legal complexities. A skilled pedestrian accident attorney can evaluate your case, counter potential claims of contributory negligence and help you secure the compensation you deserve. 

Whether dealing with a negligent driver, an insurance dispute or a hit-and-run, Pikrallidas & Probasco in Fairfax, Virginia provides reliable guidance and personalized representation to achieve the best possible outcome for accident victims. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.