On Monday night, Sonia Granados was crossing Richmond Highway near Anderson Lane in Fort Belvoir. In her attempt to cross the street, Granados was hit and killed by a driver in a 2008 Mitsubishi Eclipse. Police say the driver was not speeding and was not under the influence of alcohol or any other substance. The section of the highway where Granados crossed is known to be a poorly lit area where it is difficult for drivers to see. Police are continuing to investigate the accident, but at this point, it does not appear as if any charges will be filed against the driver.
Sadly, pedestrian accidents occur every day across the country. And unfortunately, thousands of pedestrians are killed each year in accidents and actually, the numbers have been increasing nationwide in recent years. According to the NHTSA, nearly 3 out of 4 pedestrian deaths occur in urban environments, at intersections, during the nighttime. In addition, more than a third of pedestrian deaths involve alcohol.
Determining who the negligent party/ies is/are in a pedestrian accident is crucial. For example, Portner & Shure investigators will examine the scene, talk with witnesses, and interview police officers handling the case in order to develop an understanding of the facts. Our attorneys then use the facts to create a legal plan of action to help the client recover monetary damages for their medical expenses, injuries, pain and suffering, and lost wages.
In a Virginia pedestrian accident case, it must be determined whether the pedestrian was lawfully crossing the street at the time of the crash. In other words, was the pedestrian crossing the street against the signal, crossing outside the crosswalk, or texting while crossing, or was the pedestrian crossing with the “walk” signal and inside the crosswalk. Because Virginia is a contributory negligence state, if the victim pedestrian is negligent in any way, they cannot recover in a civil lawsuit. The facts, in this case, seem to indicate that Granados was not crossing the highway in a crosswalk, and was, therefore, contributorily negligent in the accident.
If you or a family member have been injured or killed in a pedestrian accident and would like to consult an experienced Virginia personal injury attorney for free, contact our office at (855) 954-4141 to schedule an appointment at one of our office locations in Alexandria or throughout Virginia or visit us online.