Car accident representation on a contingency basis. No attorney fees unless we recover compensation for you.
At Burton Law Firm, our Martinsville, VA pedestrian accident lawyer has more than a dozen years of experience representing injured plaintiffs in Virginia. We take pedestrian accident cases on contingency, which means you pay no attorney fees unless we obtain a recovery on your behalf. Contact our office for a free consultation if you’ve been struck by a vehicle in Martinsville.
Pedestrian Accident Lawyer Martinsville, VA
A pedestrian accident lawyer handles injury claims for people who were on foot when a motor vehicle struck them. These cases fall under Virginia personal injury law, and the injured person must prove that the driver was negligent. That means showing the driver failed to exercise reasonable care and that the failure directly caused the collision and resulting injuries.
Pedestrian crashes in Martinsville occur on busy stretches such as Memorial Boulevard, near shopping centers, in residential neighborhoods, and at intersections along U.S. Route 220 Business. The injuries tend to be severe because there is nothing between the pedestrian and a moving vehicle. No seatbelt or airbag. No metal frame absorbing the impact. A pedestrian accident attorney in Martinsville who handles these claims understands the medical complexities and legal challenges that accompany them.
Types of Pedestrian Accident Cases We Handle in Martinsville
Pedestrian crashes take many forms. We represent individuals injured in all of them, and we approach each one by identifying who failed to exercise reasonable care and why.
- Crosswalk accidents. A driver is required to stop and remain stopped for a pedestrian in a marked or unmarked crosswalk under Virginia law. When a driver rolls through or fails to see a pedestrian who has the right of way, the resulting injuries are often catastrophic. According to NHTSA pedestrian data, over 7,000 pedestrians were killed in traffic crashes nationally in 2024.
- Intersection collisions. Drivers making left or right turns at intersections frequently fail to check for pedestrians before completing the turn. These crashes happen fast, and the pedestrian rarely has time to react.
- Parking lot accidents. Vehicles backing out of spaces or cutting through rows at high speed regularly strike pedestrians. Visibility in parking lots is poor, and many drivers simply are not paying attention. These crashes often involve distracted driving by the motorist.
- Hit-and-run pedestrian crashes. One out of every four pedestrian fatalities nationally involves a driver who fled the scene. When the at-fault driver leaves, your own uninsured motorist coverage becomes the primary path to compensation. We know how to handle these claims and how to pursue identification of the fleeing driver.
- Accidents involving impaired drivers. Alcohol is a factor in roughly 43 percent of fatal pedestrian crashes nationwide. A drunk or drugged driver who strikes a pedestrian faces both criminal liability and a civil claim for damages. These cases may support punitive damages in addition to standard compensation.
- Backing-up accidents. SUVs, trucks, and vans have large blind spots directly behind them. Children and elderly pedestrians are especially vulnerable. When a driver backs over a pedestrian in a driveway, parking lot, or residential street, the injuries are often serious, and the liability is usually straightforward.
- Accidents in school zones and residential areas. Drivers are required to exercise heightened caution in areas where children are present. Speeding through a school zone or a neighborhood where kids are walking creates substantial liability when a crash occurs.
- Commercial vehicle pedestrian crashes. Delivery trucks, box trucks, and tractor-trailers operate in areas where pedestrians are walking. Drivers of these vehicles have larger blind spots and longer stopping distances. Crashes involving commercial vehicles may implicate the driver, the company, or both. Federal trucking regulations may apply depending on the vehicle.
Why Choose Burton Law Firm as My Pedestrian Accident Lawyer in Martinsville, VA?
Attorney Jason Burton’s Background in Injury Litigation
Attorney Jason Burton has represented injured plaintiffs for 13 years. He is licensed in Virginia and North Carolina, and he graduated summa cum laude as valedictorian of his class at Elon University School of Law.
What separates Mr. Burton’s approach in pedestrian cases is the perspective he gained growing up. His father spent an entire career as an insurance defense lawyer. Mr. Burton watched how carriers build their files, how adjusters are trained to question the pedestrian’s actions before the crash, and how defense attorneys frame contributory negligence arguments. He now uses that same knowledge to anticipate and dismantle those defenses for his clients.
Mr. Burton holds Life Membership in both the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. He was named a Top 10 Under 40 by The National Trial Lawyers and maintains a 10.0 Avvo rating. He was also recognized as a North Carolina Super Lawyers Rising Star from 2017 through 2019.
Our personal injury lawyer in Martinsville, VA has helped clients recover millions of dollars across personal injury matters, including pedestrian accident cases. We work on contingency. No retainer. No hourly billing. You owe us nothing unless we recover compensation on your behalf.
What Is Important to Understand About a Pedestrian Accident Case?
Damages, Liability, and Compensation for Pedestrian Accident Cases
Pedestrian accident injuries tend to be more severe than injuries in vehicle-on-vehicle crashes because the pedestrian has no protection. That severity affects the types and amounts of damages available.
- Medical expenses. Emergency treatment, hospitalization, surgeries, rehabilitation, assistive devices, and future medical care related to the accident. Pedestrian injuries often require multiple surgeries and extended recovery periods.
- Lost income. Wages you could not earn while recovering. If your injuries prevent you from returning to work or force you into a lower-paying position, lost future earnings may also be part of your claim.
- Pain and suffering. The physical pain and emotional distress resulting from the accident and your injuries. Virginia does not impose a cap on these damages in most personal injury cases.
- Property damage. Personal items damaged in the crash, such as a phone, laptop, or mobility device.
- Punitive damages. Available in cases where the driver’s conduct was especially reckless or willful, such as driving under the influence or fleeing the scene after striking a pedestrian.
To recover damages, you must prove the driver was negligent and that the negligence directly caused your injuries. In pedestrian cases, this often means showing the driver was speeding, distracted, impaired, or failed to yield.
What Are Important Aspects of a Pedestrian Accident Case?
Pedestrian cases in Virginia present a few unique challenges that do not apply in the same way to standard car accident claims.
- Contributory negligence. Virginia’s contributory negligence rule is the single biggest obstacle in pedestrian accident cases. If the driver’s insurance company can establish that you were even slightly at fault, such as crossing outside a crosswalk or stepping into traffic against a signal, your claim may be barred entirely. An attorney who knows how to prove driver negligence and counter these arguments is critical.
- Severity of injuries. Pedestrians struck by vehicles commonly suffer traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ injuries. The medical costs alone can reach hundreds of thousands of dollars.
- Witness and surveillance evidence. Pedestrian crashes often happen quickly and in areas with limited visibility. Identifying witnesses and obtaining surveillance footage from nearby businesses or traffic cameras needs to happen immediately.
- Insurance company behavior. Adjusters in pedestrian cases almost always try to shift blame to the pedestrian. They’ll argue you were not in a crosswalk, were wearing dark clothing, were distracted by your phone, or otherwise contributed to the collision.
What Is the Pedestrian Accident Case Timeline?
Pedestrian injury cases often take longer than standard car crash claims because the injuries are more serious and the medical treatment is more extensive.
- Days 1 through 14. Emergency medical treatment. Police investigation. We begin preserving evidence from the scene, including traffic camera footage that may be overwritten within days.
- Weeks 2 through 30 or longer. Ongoing medical treatment. Many pedestrian accident victims require multiple surgeries, inpatient rehabilitation, or long-term physical therapy. We collect medical records, bills, and documentation throughout this period.
- Weeks 16 through 44. Once your medical condition stabilizes, we assemble the demand package and submit it to the driver’s insurance company.
- Months 8 through 20. If the insurer will not offer fair compensation, we will file a lawsuit. Virginia’s court procedures, discovery, and scheduling determine how long litigation takes.
- Resolution. The case ends through settlement, mediation, or trial. We prepare every pedestrian accident case as though a jury will decide it. That level of preparation produces better outcomes at every stage.
What Should You Bring to Your Pedestrian Accident Consultation?
If you can gather any of these before our meeting, it helps us evaluate your case right away. But do not delay scheduling just because you are missing a document.
- The police report from the accident.
- Photos of the scene, your injuries, and the vehicle that struck you (if available).
- Medical records, hospital discharge papers, and bills from treatment.
- Any communication from the driver’s insurance company.
- Information about your lost wages or inability to work.
We will review the details of your accident, explain how Virginia’s pedestrian laws and contributory negligence rules apply, and walk you through your legal options. The consultation is free and carries no obligation.
What Are Important Virginia Legal Resources for Pedestrian Accident Cases?
Virginia has specific statutes that affect pedestrian accident claims. These resources will help you find the relevant laws.
- Virginia’s statute of limitations for personal injury claims is two years from the date of the accident. If you do not file within that window, you lose the right to pursue compensation through the courts.
- Virginia follows a pure contributory negligence standard. If the injured pedestrian is found to have contributed to the accident in any way, recovery may be completely barred. The Virginia General Assembly website provides access to current statutes and session information.
- The Virginia DMV publishes annual crash data, including pedestrian-specific statistics, accident frequency by region, and contributing factors.
- The NHTSA maintains federal data on pedestrian safety, crash prevention, and vehicle recall information.
- The Virginia Judicial System website provides information on civil case filing requirements and court procedures across the state.
Reach Out to Burton Law Firm to Schedule a Consultation
If you were struck by a vehicle while walking in Martinsville, VA, Burton Law Firm is available for a free case review. We handle pedestrian accident cases on contingency. No upfront costs. No attorney fees unless we recover compensation for you. We’ll review the facts of your accident and explain what Virginia law allows you to pursue. Contact us to schedule a meeting with a Martinsville pedestrian accident attorney.