Hit While Walking in West Virginia? Know Your Rights

Prioritize safety and medical care

After a pedestrian crash, your first priority is getting to safety and getting checked by a medical professional, even if symptoms seem minor. Some injuries (including head, neck, and internal injuries) may not be immediately obvious.

If emergency services are needed, call 911. If you are able, ask for an officer to respond so there is an official report. Follow up with recommended treatment and keep copies of discharge papers, diagnoses, imaging results, and referrals.

Document the scene (if you can do so safely)

Good documentation can matter later, especially if the driver or an insurer disputes what happened. If it is safe and you are physically able, try to gather:

• Photos/video of the scene (crosswalk markings, signals, lighting, visibility, weather, debris)
• Photos of your injuries and torn/bloody clothing
• The vehicle’s position, damage, license plate, and any skid marks
• Names and contact information for witnesses
• The driver’s name, contact details, insurance information, and vehicle information

If you cannot do this at the scene, ask someone you trust to help, or write down what you remember as soon as possible while it is fresh.

Get the crash report and preserve evidence

A crash report can be an important starting point, but it may not capture everything accurately. Obtain a copy when available and review it for errors.

Also consider evidence that may disappear quickly, such as surveillance video from nearby businesses or homes, dashcam footage, and app/GPS records. Because video is often overwritten, it may need to be requested promptly.

How fault may be evaluated in West Virginia

Pedestrian cases often turn on who had the right-of-way and whether each person acted reasonably under the circumstances. West Virginia’s pedestrian rules include provisions addressing crosswalk right-of-way, crossing outside crosswalks, and a driver’s duty to exercise due care. See W. Va. Code § 17C-10-2, § 17C-10-4, and § 17C-10-5.

Common dispute points include:

• Whether the pedestrian was in a marked or unmarked crosswalk
• Whether a traffic signal indicated “walk” or “don’t walk”
• Visibility issues (nighttime, glare, weather) and whether the driver adjusted speed accordingly
• Driver impairment, distraction, or speeding
• Whether the pedestrian stepped into traffic unexpectedly

Insurers often argue the pedestrian was partly at fault. West Virginia generally follows a modified comparative-fault approach: if a plaintiff’s fault is 50% or less, damages may be reduced by that percentage; if the plaintiff’s fault is greater than 50%, recovery may be barred. See W. Va. Code § 55-7-13c.

Compensation that may be available

Depending on the facts and available coverage, a pedestrian injury claim may seek compensation for:

• Medical expenses (past and reasonably anticipated future care)
• Lost wages and reduced earning capacity
• Pain and suffering and loss of enjoyment of life
• Out-of-pocket costs (transportation to care, medical equipment, home assistance)
• Scarring, disability, or long-term impairment

In fatal crash cases, families may have separate legal options under West Virginia’s wrongful-death statute. See W. Va. Code § 55-7-6.

Insurance issues: what to expect

Many pedestrian claims involve the driver’s auto liability coverage. In some situations, additional coverage may apply (for example, uninsured/underinsured motorist coverage), depending on the policies and facts.

Checklist: what to do in the first 72 hours

Common mistakes that can hurt a pedestrian claim

• Delaying medical care or skipping follow-up appointments
• Failing to document the scene or identify witnesses
• Posting about the crash or activities on social media while the claim is pending
• Accepting an early settlement before understanding long-term effects
• Assuming the crash report alone will prove the case

When to talk to a West Virginia pedestrian accident lawyer

Consider speaking with counsel if you suffered significant injuries, fault is disputed, coverage is unclear, or the insurer is pressuring you to settle quickly. Many West Virginia civil claims have time limits. For example, personal injury actions are commonly subject to a two-year limitations period under W. Va. Code § 55-2-12, and wrongful-death actions also commonly have a two-year deadline under W. Va. Code § 55-7-6. Exceptions and special rules can apply, so get advice promptly.

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FAQ

Can I still recover if I was not in a crosswalk?

Possibly. Fault depends on the facts, including visibility, driver conduct, and how and where the crossing occurred. Crossing outside a crosswalk may be used to argue comparative fault, which can reduce damages and, if your fault is found to be more than 50%, may bar recovery under W. Va. Code § 55-7-13c.

What if the driver says I “came out of nowhere”?

Evidence often matters: scene photos, measurements, vehicle damage, witness statements, and video. Preserving footage quickly can be critical because many systems overwrite recordings.

How long do I have to file a claim?

Many personal injury claims are commonly subject to a two-year limitations period under W. Va. Code § 55-2-12, and wrongful-death actions also commonly have a two-year deadline under W. Va. Code § 55-7-6. Deadlines can be fact-specific, so it is best to get advice as soon as possible.

Do I have to give the insurance adjuster a recorded statement?

Not always, and giving one without preparation can create issues. Consider getting legal advice before providing a recorded statement or signing medical releases.

West Virginia disclaimer: This article is general information, not legal advice, and it does not create an attorney-client relationship. Deadlines (including limitation periods) and fault/insurance rules can depend on the specific facts and applicable West Virginia law; consult a qualified West Virginia attorney about your situation.