Get Help From A Pedestrian Accident Attorney In Charleston, West Virginia

Last updated on April 29, 2025

Pedestrians are among the most vulnerable to serious injuries and fatalities during a traffic accident. Without a steel cage to protect them, there is nothing that prevents a pedestrian from sustaining severe injuries after being struck by a vehicle. If you or a loved one suffered injury in a pedestrian or crosswalk accident, it is important to speak with an experienced pedestrian accident lawyer.

At The Masters Law Firm, L.C., we understand that a pedestrian accident injury can take a major physical, emotional, and financial toll on victims and their families, and we are here to provide strong legal representation and support during this difficult time. Our award-winning pedestrian accident attorneys have several decades of experience successfully representing victims of pedestrian accidents in Charleston, West Virginia, and the surrounding area. We put that experience to work to prepare the strongest possible claim and to explore every potential legal avenue toward recovering maximum compensation after injuries caused by being hit by a car.

What Is Causing The Increase In Pedestrian Accidents?

In West Virginia and throughout the country, pedestrian crashes are becoming all too common. Some of the reasons that pedestrian accidents occur include:

• Speeding: Exceeding the speed limit gives drivers less time to react when an unexpected situation arises on the road. In addition, when a vehicle strikes a pedestrian while traveling at a faster speed, it vastly increases the chances of a serious or fatal injury.

• Aggressive/reckless driving: Examples of aggressive or reckless driving behaviors include excessive speeding, refusal to yield the right-of-way, making dangerous or illegal turns, and running stoplights or stop signs.

• Distractions: Many pedestrian crashes happen because of distractions on the part of either the driver or the pedestrian. Examples include texting or other forms of electronic messaging on a smartphone, eating or drinking, grooming, and looking down to locate or pick up a lost object.

• Chemical impairment: Alcohol is a contributing factor in roughly half of all pedestrian accidents. In about two-thirds of these cases, an intoxicated driver causes the crash. 

• Drowsy driving: Even when a drowsy driver does not fall asleep, they have impaired peripheral vision, which can cause them to miss important details on the road, such as a pedestrian crossing in front of them.

A report by NPR cites three major reasons for the recent increase in pedestrian deaths:

• Growth in pedestrian traffic: The population of the U.S. has grown significantly over the past decade or two. Our society has also become more health conscious, and walking is a preferred form of exercise. In West Virginia and most other states, we have more people out walking than ever before.

• Larger vehicles: SUVs and other large vehicles have a higher ground clearance, which makes it more difficult to see someone crossing the street. In addition, when a pedestrian is struck by a large vehicle, there is a greater chance of serious injuries.
• Smartphone activity: Motorists frequently use their phones to text, take selfies, watch videos and read GPS navigation systems. Most experts believe that distracted driving triggered by smartphone use is among the primary factors that are driving the increase in pedestrian accidents.

These are just some of the reasons that pedestrian accidents happen. If your accident was caused by something else, please contact us for more information about how we may help you.

Pursuing A Pedestrian Accident Injury Claim In Charleston, West Virginia

Those who get injured in a pedestrian crash are entitled to compensation not only for direct monetary losses such as medical costs and lost earnings but also for noneconomic losses such as physical and emotional pain and suffering, diminished quality of life, and permanent injury. In rarer cases in which the actions of the party responsible for the injury were willful, malicious or grossly negligent, punitive damages might also be awarded as punishment for their wrongdoing.

West Virginia uses a modified form of comparative negligence in personal injury cases. Under this standard, an injured person can recover damages as long as they are 50% or less at fault for the underlying accident. However, if they are partially to blame, their damage award would be reduced in proportion to the percentage of fault they share in the accident. For example, if you suffered $100,000 in losses and you are determined to be 20% at fault, your damage award will be reduced by $20,000 to a total of $80,000.

Why Choose Our Charleston Pedestrian Accident Lawyers?

You can be sure that the negligent party’s insurance company will try to assign some of the responsibility for the accident to you in order to mitigate their losses. This is why it is important to get an experienced attorney involved as early as possible in the process so your right to full and fair compensation can be protected. We have the knowledge and experience necessary to ensure you receive the damages you need.

What Types Of Injuries Are Common In Pedestrian Accidents?

These cases tend to cause severe injuries; even a minor bump from a car can cause a pedestrian to fall and hit their head. Some of the most common injuries we see include:

• Traumatic brain injuries and concussions
• Back and spinal cord injuries
• Broken or crushed bones
• Road rash and lacerations
• Scarring
• Internal organ damage

If your child was hit by a car, the injuries may be catastrophic. Unfortunately, children are frequent victims of pedestrian accidents because they are harder for drivers to see. We represent children and their parents in these devastating accident cases. 

Wrongful Death Resulting From Pedestrian Accidents

According to the Centers for Disease Control and Prevention (CDC), in 2022, there were more than 8,000 pedestrian deaths in the U.S. If you lost a family member to wrongful death, you will need an experienced pedestrian accident lawyer to represent you. 

We can help you and your family seek justice and compensation for the loss of your loved one and any financial or other contributions they made to the household. You may also recover damages for emotional distress and funeral/burial expenses. If the at-fault party was egregiously negligent, you may be able to collect punitive damages as well. We will investigate the accident and determine whether that applies to your case.

Contact Our Skilled And Knowledgeable West Virginia Pedestrian Accident Lawyers

If you or someone close to you got injured in a pedestrian crash in West Virginia, The Masters Law Firm, L.C., is ready to go to work for you. For a free consultation and case assessment with one of our attorneys, message us online or call our office today at 304-371-7894. We look forward to serving you.