When a vehicle strikes a pedestrian, the results are almost always catastrophic. A human body offers no protection against thousands of pounds of moving steel. Victims who survive are often left with life-altering injuries, enormous medical bills, and an uncertain future — while the driver’s insurance company works quickly to limit what it pays.
At Stroebel & Stroebel, PLLC, we represent pedestrians hit by cars, passengers seriously injured in vehicle accidents, and cyclists struck by motor vehicles throughout West Virginia. If someone else’s negligence put you in the hospital, we fight to make sure they’re held fully accountable.
When Drivers May Be Liable for Pedestrian Injuries
Drivers have a legal duty to exercise reasonable care for the safety of pedestrians at all times. When a driver’s negligence causes a pedestrian injury, the driver — and their insurance company — can be held liable. Common causes of pedestrian accidents include:
- Failure to yield at crosswalks. West Virginia law requires drivers to stop for pedestrians in marked and unmarked crosswalks.
- Distracted driving. A driver looking at a phone or otherwise inattentive may not see a pedestrian until it’s too late.
- Failure to yield while turning. Left and right turns at intersections are a leading cause of pedestrian fatalities.
- Backing over pedestrians in parking lots and driveways.
- Running stop signs and red lights.
- Driving under the influence of alcohol or drugs.
- Speeding in areas with heavy foot traffic — school zones, crosswalks, and residential neighborhoods.
- Nighttime accidents caused by failure to see pedestrians in low-light conditions.
Passenger Injury Claims in West Virginia
If you were a passenger in a vehicle involved in an accident, you also have the right to pursue compensation — and in many ways, your path to recovery is more straightforward. As a passenger, you are rarely if ever at fault for the crash, which means:
- You can file a claim against the at-fault driver (whether that’s the driver of your vehicle, the other vehicle, or both)
- You can pursue a claim under the vehicle owner’s insurance policy
- If multiple drivers share fault, you can pursue both
Passengers are frequently underserved in accident claims because they assume their recovery is limited or automatic. It isn’t. You need to affirmatively pursue your claim, document your injuries fully, and avoid early settlement offers that don’t account for long-term losses. We handle passenger injury claims with the same thoroughness as any serious injury case.
Serious Injuries in Pedestrian and Passenger Accidents
Pedestrian accidents and serious vehicle crashes produce some of the most severe injury profiles we see. Common injuries include:
- Traumatic brain injury (TBI) — from mild concussion to severe disability
- Spinal cord injuries, including partial or complete paralysis
- Multiple orthopedic fractures (pelvis, femur, tibia, arms)
- Internal organ injuries requiring emergency surgery
- Crush injuries and amputations
- Severe lacerations and scarring
- Wrongful death of a family member
The long-term costs of these injuries — rehabilitation, home modification, assistive devices, lost income, ongoing care — often dwarf the initial hospital bill. Your claim needs to capture all of it.
What West Virginia Law Says About Pedestrian Rights
West Virginia traffic law (WV Code § 17C-10) establishes pedestrian rights and driver duties at crosswalks and other locations. Key provisions include:
- Drivers must yield to pedestrians in marked crosswalks and at intersections
- Pedestrians also have duties — including obeying traffic signals and not stepping into traffic unexpectedly — which insurers will use to argue comparative fault
West Virginia’s modified comparative fault rule applies to pedestrian accident cases. If a driver argues that you were partially at fault — jaywalking, wearing dark clothing at night, or crossing against a signal — your recovery can be reduced by your percentage of fault. As long as you were less than 50% at fault, however, you can still recover compensation.
An attorney’s job is to fight the assignment of fault to you and to ensure that the driver is held responsible for their role in causing the crash.
Recoverable Compensation
In a West Virginia pedestrian or passenger injury claim, you may be entitled to recover:
Medical expenses — Emergency care, surgery, hospitalization, physical therapy, and all future medical costs related to the accident.
Lost wages and earning capacity — If your injuries prevent you from working, either temporarily or permanently, you can recover the income you’ve lost and the income you will lose in the future.
Pain and suffering — Compensation for the physical pain, emotional distress, and reduced quality of life caused by your injuries.
Permanent disability and disfigurement — For injuries that leave lasting physical limitations or visible scarring.
Loss of consortium — Compensation available to spouses of seriously injured individuals.
Wrongful death damages — If a family member was killed, the estate and surviving family members can pursue separate claims.
What If the Driver Was Uninsured?
West Virginia requires drivers to carry liability insurance, but not all of them do. If you were hit by an uninsured driver, your own uninsured motorist (UM) coverage can provide a source of recovery. If you were a pedestrian and don’t own a vehicle, you may be covered under a household family member’s policy.
We identify every available source of insurance coverage and pursue all of them on your behalf.
Frequently Asked Questions
What if the driver stopped and was cooperative? Does that mean they’ll pay?
Not necessarily. How a driver behaves at the scene has little bearing on what their insurance company will pay. Insurers represent their policyholder’s financial interests — not yours. Their cooperation with you personally does not obligate their carrier to compensate you fairly.
I was hit in a parking lot, not on a public road. Does that matter?
No. Private property accidents — including parking lot collisions — are covered by the same liability rules. Drivers owe a duty of care to pedestrians on private property as well.
My child was hit by a car. Can I bring a claim on their behalf?
Yes. A parent or legal guardian can bring a personal injury claim on behalf of a minor child.
How long do I have to file?
Two years from the date of the injury for most cases. Contact us immediately — early action preserves critical evidence like dashcam footage, traffic camera recordings, and witness accounts.
Contact a West Virginia Pedestrian Accident Attorney
If you or a family member was struck by a vehicle or seriously injured as a passenger in West Virginia, call Stroebel & Stroebel, PLLC at 304-346-0197 or complete the form on this page for a free case review.
Contingency fee available for personal injury cases. We represent clients throughout West Virginia — call or message anytime.