Hitting A Pedestrian By Accident In Charleston, WV

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Hitting A Pedestrian By Accident In Charleston, WV

A car crash is nearly always a difficult situation. But when a pedestrian is involved the stakes go up. Injuries to pedestrians are more severe, debilitating, and have a higher rate of fatality than an accident with another vehicle.

An accident in Charleston WV involving a pedestrian.As we recently mentioned in our previous blog post on pedestrian accidents, it is possible that a pedestrian may be partially at fault for the accident. Most people believe that “the pedestrian always has the right of way,” or that the pedestrian can’t be considered at fault. That’s not necessarily true.

Do you know what to do if you’re the driver who hit the pedestrian? Even if it truly is an accident in Charleston WV, there are some things you need to know going forward.

Liability For The Accident

As a driver, you may be given the full responsibility for the accident, particularly if the pedestrian is killed or otherwise unable to speak for him or herself. Even if there weren’t any injuries, you could potentially be liable civilly as well as criminally for the accident.

  • Criminal Liability. If you were found to be intoxicated, or committed a hit and run accident, you will likely be prosecuted as if you were stopped or in an accident with another vehicle. Charges can include:
    • Vehicular or Involuntary Manslaughter
    • DUI, an aggravating circumstance that may bring harsher penalties
    • Hit And Run, which may be a felony charge
    • Speeding or other traffic infractions
  • Civil Liability. Just like any other personal injury action, you may be sued by the pedestrian for pain and suffering, medical expenses, lost wages and other damages common to accidents. Even without criminal charges, a civil action is very likely to be filed. If the pedestrian is killed, the victim’s survivors may file a wrongful death suit for the damages, and more.

It’s also possible that the pedestrian may share fault, if he or she were distracted, jaywalking, or intoxicated.

If You Hit A Pedestrian

There are a few things you should and should not do if you find yourself in this situation.

  • Stop your car. You are required to stop, especially if there is an injury involved. and it is a crime to continue.
  • Get out of your vehicle and check for injuries, safely. If you are able, render aid as needed until the police and paramedics arrive.
  • Exchange contact information with the other party. This includes any one injured, as well as any witnesses.
  • Call the police. They will take statements from everyone involved, including witnesses. Do this even if the pedestrian leaves the scene of the accident.
  • Stay at the scene until dismissed. Don’t leave until you have properly exchanged information and given your statement to the police, and they allow you to leave.
  • Offer cooperation to first responders. Give them room to work and do their jobs, and do not interfere.
  • Take pictures of the accident scene. Take as many as you need to preserve pictures of the accident scene and any injuries, if possible, and of the surrounding area.

Following The Accident in Charleston WV

  • Contact an accident attorney immediately. You’ll need help dealing with insurance companies, and if necessary, defense against a lawsuit.
  • Report the accident to your insurance company. Contact your insurance company immediately; many require reporting within 30 days.
  • Don’t discuss the accident with anyone. Even seemingly innocuous statements can sound like an admission of guilt, particularly at the scene of the accident. Afterwards, don’t discuss the accident with anyone without speaking to your own attorney first, including any insurance company representatives. If you are contacted by the other party’s attorney, you are only required to inform them that they are to speak with your own attorney.
  • Allow your attorney to negotiate settlements. Again, don’t discuss your accident with anyone, including anyone calling to negotiate a settlement.

Call Charleston’s Pedestrian Accident Attorney

If you’ve been involved in a pedestrian accident and need help, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.

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