Charleston Pedestrian Accident Lawyer

Were you injured in a car accident as a pedestrian in Charleston, WV? The at-fault driver may owe you compensation for medical bills, lost income, pain and suffering, and more. You can count on our Charleston pedestrian accident lawyer at Mani Ellis & Layne Accident & Injury Lawyers to fight for every available dollar.

Over the years, our team has won hundreds of millions of dollars in settlements and verdicts for injury victims like you. We put over 71 years of experience to work in every case we take on.

Now, we’re ready to help you fight to get the maximum compensation you deserve. To get started with the legal process, call our personal injury law firm in Charleston, West Virginia, at (304) 720 1000 to schedule a free consultation today.

How Can Mani Ellis & Layne Accident & Injury Lawyers Help if You Were Injured in a Pedestrian Accident in Charleston?

How Can Mani Ellis & Layne Accident & Injury Lawyers Help if You Were Injured in a Pedestrian Accident in Charleston?

Pedestrians often suffer the most severe injuries imaginable when they’re hit by a car. That’s especially true when high speeds are involved. It could take months for your life to return to normal.

You deserve to have a strong Charleston, WV personal injury attorney in your corner. Our team at Mani Ellis & Layne Accident & Injury Lawyers has earned AV-Preeminent ratings for our high-quality legal representation. We’ve also been recognized by Super Lawyers for our efforts.

When you ask us to help prove your case, we will:

  • Search for any evidence that can strengthen your case
  • Accurately assess your damages and reject lowball settlement offers
  • Determine who is ultimately responsible for paying your damages
  • Bring in experts to help establish your case value and prove liability
  • Negotiate with the at-fault party’s insurance company
  • File a personal injury lawsuit and fight for full compensation at trial if necessary

Our Charleston personal injury attorneys have been negotiating deals with insurance companies for decades. We know what it takes to get them to dig deep and agree to a full settlement. When you’re ready to learn more, call to arrange a free case evaluation.

How Common Are Pedestrian Accidents in West Virginia?

Pedestrian fatalities are a serious problem in West Virginia. According to the West Virginia Governor’s Highway Safety Program (GHSP) report for 2022, 36 pedestrians were killed by motorists statewide in 2021. In 2020, by comparison, 18 pedestrian fatalities were reported.

The Governor’s Highway Safety Association (GHSA) published preliminary data on pedestrian deaths for the first 6 months of 2023. Nationwide, it’s estimated that 3,373 pedestrians were killed in motor vehicle accidents nationwide. In West Virginia, at least 9 pedestrians were killed during that 6 month period.

What Is My Charleston Pedestrian Accident Case Worth?

Your case value depends on many unique factors, including:

  • The cost and nature of your medical treatment
  • The value of any wages or income you lost due to the injury and recovery
  • Whether any ongoing disability will impact your ability to work in the future
  • Ongoing and future expenses, including future medical care, rehabilitation, and more
  • How the pain and mental trauma of the ordeal has impacted your life
  • The circumstances of the accident and the nature of the at-fault party’s acts
  • Whether the insurance company can prove that you contributed to your injuries

Some types of damages are difficult to prove. Your intangible losses and suffering can have a dramatic impact on your life. However, they don’t have a clear financial value. Hiring an experienced attorney is the best way to establish the value of your case and convince the insurance company to provide a full settlement.

What Types of Compensatory Damages Are Available to Pedestrian Accident Victims?

Compensatory damages are awarded in personal injury cases to compensate victims for the specific losses they’ve suffered. There are two broad categories of compensatory damages in West Virginia: economic damages and non-economic damages.

Economic damages cover your financial costs, including things like:

  • Past and future medical expenses
  • Lost wages and employment benefits
  • Lost future earning potential
  • Rehabilitation 
  • Nursing care and assistance
  • Property damage and other out-of-pocket expenses

Non-economic damages represent your personal, non-financial losses, including:

  • Physical pain and suffering
  • Emotional distress and trauma
  • Humiliation 
  • Diminished quality of life
  • Loss of enjoyment
  • Anxiety
  • Depression 
  • PTSD
  • Disfigurement 
  • Loss of consortium and other damages in wrongful death cases
  • Punitive damages if the court agrees that the defendant’s acts deserve punishment

Our experienced lawyers in Charleston are always available to discuss your case. When you hire us, we’ll spend time learning about how the injury has changed your life. That way, we’ll be equipped to demand full compensation from the insurance companies and at-fault parties.

How Much Does It Cost To Hire a Personal Injury Lawyer in Charleston?

You don’t have to pay any upfront fees to hire our personal injury lawyers. Like most personal injury law firms, we enter contingency fee agreements with our clients. 

When you hire us, you agree to pay a set percentage of your settlement or verdict. That way, you can rest assured that you’ll never pay anything unless we recover compensation–and our lawyers know that we only get paid if we win.

Can I Recover Damages If I’m Being Blamed for Causing a Pedestrian Accident in West Virginia?

Blaming the victim is a common defense in personal injury cases. If the insurance company and defendant can prove you were partly responsible, your settlement or verdict can be reduced–sometimes all the way to zero.

West Virginia has modified comparative negligence laws. You lose your right to damages if your percentage of fault exceeds 50%. When your share of fault is less, your compensation is reduced by your percentage of fault.

Our Attorneys in Charleston Will Fight To Recover Compensation for All of Your Pedestrian Accident Injuries

When you’re walking down the street, you have absolutely nothing to protect you in a car accident. The force of the vehicle hitting you can cause significant injuries alone. When you’re thrown to the ground, hitting the pavement can cause additional injuries.

Common types of pedestrian accident injuries include:

  • Broken bones
  • Nerve injuries
  • Facial injuries
  • Crushing injuries
  • Neck and shoulder injuries
  • Soft tissue damage
  • Traumatic brain injuries
  • Spinal cord injuries
  • Head and neck injuries
  • Concussions
  • Back injuries
  • Internal injuries and organ damage
  • Crushing injuries
  • Burns
  • Amputations
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

It’s not unusual for pedestrians to struggle with permanent or long-term impairments. Even if you do recover fully, the accident and injury can change your life in different ways. 

What Are Some of the Top Causes of Pedestrian Accidents in West Virginia?

Countless different factors can contribute to the cause of a traffic accident involving pedestrians.

Some of the most common causes of pedestrian accidents include:

  • Distracted driving
  • Failure to yield the right-of-way at a crosswalk or intersection
  • Speeding and ignoring traffic regulations
  • Aggressive driving and road rage
  • Fatigued drivers
  • Dangerous or illegal left-hand turns
  • Swerving onto a sidewalk
  • Lack of dedicated sidewalks and infrastructure to protect pedestrians
  • Poorly marked intersections
  • Running a red light or stop sign
  • Drunk driving or drug use
  • Malfunctioning traffic signals
  • Poorly lit roadways, intersections, and crosswalks

Regardless of what caused your accident, you can count on our team at Mani Ellis & Layne Accident & Injury Lawyers to find out. Even while you’re still recovering from your injuries, we’ll launch a full investigation. Just contact us today so that we can start gathering the evidence you need.

How Do I Prove I Deserve Compensation After a Pedestrian Accident in West Virginia? 

Injured pedestrians aren’t automatically awarded compensation after a car accident. To recover damages, you must prove that someone else was responsible. 

Most often, that requires proof of negligence.

Negligence means:

  • The defendant had a legal duty of care
  • They breached that duty through some act or omission
  • The breach of duty directly caused your accident and injury
  • You suffered damages as a result

Even when the cause of the crash seems clear, the insurance company will want to see evidence about these elements. As the victim, it can be tough to produce strong evidence while you’re recovering from serious injuries.

Our lawyers have the resources to gather and evaluate all of the evidence. We’ll search for video footage, interview witnesses, and analyze all evidence from the accident scene when we’re working to prove your case. 

How Long Do I Have To File a Lawsuit After a Pedestrian Accident in West Virginia?

The statute of limitations in West Virginia is two years. If you fail to file a personal injury lawsuit within two years of your accident, you lose your right to pursue compensation entirely. That’s true regardless of the severity of your injuries and the strength of your negligence case. 

However, there are exceptions that could change the filing time limit for your case. Get in touch with our personal injury lawyers as soon as you can for help.

Call a Charleston Pedestrian Accidents Lawyer for a Free, No-Obligation Case Review

Getting legal advice soon after an injury is the best way to protect yourself after an injury. The sooner our lawyers start working on your case, the better your chances of recovering full compensation. 

To learn more about how a Charleston pedestrian accident lawyer can fight for you, call Mani Ellis & Layne Accident & Injury Lawyers to schedule a free consultation today.