If you or a loved one have been injured as a pedestrian in an accident, you may be entitled to compensation for your injuries. Pedestrian accidents can cause devastating harm, leaving victims with long-term physical, emotional, and financial burdens. At Breit Biniazan, we are here to help you secure the justice and compensation you deserve. Our team has successfully represented clients in high-stakes cases, including a $7.5 million settlement where a city vehicle struck a pedestrian, resulting in a traumatic brain injury. Let us fight for you.
Pedestrian accidents occur when a person on foot is hit by a vehicle, and determining liability can be complex. In most cases, the driver is at fault due to negligence, such as speeding, failing to yield, or distracted driving. However, liability may also fall on other parties, including government entities for unsafe road conditions, businesses for poorly maintained sidewalks, or even the pedestrian in some circumstances.
In states that follow the model of modified comparative negligence, a plaintiff can recover damages only if their fault is 50% or lower. This impacts the compensation recovery process by reducing the amount of damages based on the plaintiff’s degree of fault, ensuring a fairer distribution of liability.
Virginia operates under contributory negligence laws, meaning if a pedestrian is found even partially at fault, they may not be eligible for compensation. This strict standard makes it crucial to have an experienced legal team like Breit Biniazan on your side to investigate every angle of your case and hold the right parties accountable.
Pedestrian accidents can occur in various situations, including when a pedestrian is crossing the road, walking on the sidewalk, or even standing on the curb. These accidents can result in serious injuries or even fatalities. In many cases, pedestrian accidents are caused by the negligence of vehicle drivers, who may be speeding, distracted, or failing to follow traffic laws. However, pedestrians can also contribute to the accident by failing to follow traffic signals or signs, or by walking in areas with heavy traffic.
Pedestrian accidents, a type of traffic accident, often stem from driver error, but other factors can play a significant role. Common causes include:
Determining fault in a pedestrian accident can be tricky. The burden of proof often falls on the injured pedestrian to demonstrate that the driver or another party acted negligently. The investigation typically involves reviewing traffic camera footage, police reports, witness testimonies, and accident reconstructions.
Pedestrian negligence can also impact the determination of liability and compensation outcomes. Pedestrians have a responsibility to exercise reasonable caution, and if they fail to do so, it may factor into shared fault, affecting the distribution of damages.
In many cases, drivers are at fault due to negligent actions like running a red light or failing to yield. However, other parties, such as a city government that failed to install proper signage or a business that neglected sidewalk maintenance, may share responsibility. Breit Biniazan will thoroughly investigate your case to ensure all liable parties are held accountable.
Drivers have a legal responsibility to operate their vehicles with caution, particularly when near pedestrians. They are required to:
Drivers are expected to act as a ‘reasonable person’ would under similar circumstances, and failure to do so can result in liability.
When drivers fail to meet these legal responsibilities, they can be held liable for any injuries or damages that result from their negligence.
Pedestrians also have rights under the law, especially when they are following traffic regulations. These include:
Even if a pedestrian is outside of a crosswalk, drivers still have a duty to avoid causing injury if they can reasonably do so. However, pedestrians are also required to follow traffic laws, and failure to do so may impact their ability to recover compensation.
When a pedestrian is injured in an accident, they may file a personal injury claim to recover damages. These claims generally aim to compensate the victim for:
Injured pedestrians can seek compensation from the driver’s insurance company, particularly when proving the driver’s responsibility for the accident.
In many cases, a pedestrian accident claim is resolved through negotiations with insurance companies. However, if a fair settlement cannot be reached, the case may proceed to court. Breit Biniazan will guide you through each step, whether in negotiations or litigation, ensuring you receive the maximum compensation available under the law.
In a pedestrian accident case, the injured pedestrian may be entitled to various types of damages, including medical bills, lost wages, pain and suffering, and property damage. The amount of damages awarded will depend on the severity of the injuries, the extent of the pedestrian’s negligence, and the applicable laws in the jurisdiction. In some cases, the pedestrian may also be able to recover punitive damages if the driver’s conduct was particularly reckless or egregious.
Insurance companies often play a significant role in pedestrian accident claims. Most drivers are required to carry liability insurance that covers injuries to others. If the driver who hit you has adequate insurance, you may be able to recover compensation through their policy.
In no-fault car insurance states, when an accident occurs, each party’s insurance covers their own injuries regardless of who is at fault. This can affect claims by limiting the ability to sue the other party unless certain thresholds are met.
However, many insurance companies try to minimize payouts or deny claims altogether. It is essential to have experienced legal representation to handle negotiations and prevent insurance companies from taking advantage of you. In some cases, if the at-fault driver is uninsured or underinsured, you may be able to pursue compensation through your own insurance policy.
The statute of limitations for pedestrian accident claims varies from state to state. In general, the statute of limitations is the time period within which a personal injury lawsuit must be filed. If the lawsuit is not filed within this time period, the injured pedestrian may be barred from recovering damages. In most states, the statute of limitations for pedestrian accident claims is two or three years from the date of the accident. However, this time period may be shorter or longer in certain circumstances, such as if the pedestrian is a minor or if the accident involves a government entity.
In some states, comparative negligence laws allow accident victims to recover compensation even if they are partially at fault. However, Virginia follows contributory negligence laws, which are much stricter. Under this system, if the pedestrian is found to have contributed even 1% to the accident, they may be barred from recovering any compensation.
This makes it crucial to gather strong evidence and construct a compelling case that demonstrates the driver or another party was fully responsible for the accident. Breit Biniazan’s experienced attorneys will fight to protect your rights and counter any arguments of contributory negligence, ensuring you have the best chance of receiving compensation.
Gathering evidence is a crucial step in building a strong pedestrian accident case. The injured pedestrian should seek medical attention immediately after the accident and keep a record of all medical treatment and expenses. The pedestrian should also gather evidence from the accident scene, including photographs of the scene, witness statements, and any physical evidence such as skid marks or debris. Additionally, the pedestrian should obtain a copy of the police report and any other relevant documents, such as traffic citations or witness statements. An experienced pedestrian accident lawyer can help the injured pedestrian gather and preserve evidence, and build a strong case for compensation.
At Breit Biniazan, we have a proven track record of success in handling pedestrian accident cases. From thorough accident investigations to tough negotiations with insurance companies, we manage every aspect of your case so you can focus on healing.
Our team will:
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for a variety of damages, including:
After a pedestrian accident, the steps you take can significantly impact your ability to secure compensation. Here’s what to do:
When you’ve been injured in a pedestrian accident, choosing the right law firm can make all the difference. At Breit Biniazan, we have the experience, resources, and determination to handle complex pedestrian accident cases. Our firm is known for:
If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal help. Contact Breit Biniazan today for a free consultation, and let us help you take the first step toward justice.
"I am a New York personal injury attorney. A friend asked me to find an excellent attorney to represent her nephew who lives in Virginia and was badly injured in a car accident there. Justin Sheldon from Breit Biniazan was very experienced and patient in explaining the legal process to his client. He obtained an excellent settlement and my friend and her nephew were both very pleased with the outcome. I highly recommend Justin Sheldon and the Breit Biniazan law firm if you require the services of a personal injury law firm in Virginia."
"Very professional, kind hearted and caring. I loved working with Sarah she did a stellar job representing me and assuring me that everything would work out. ❤️"
"Had my incident back in 04/2021. Was referred to Breit and Justin Sheldon was my attorney for my case against insurance and personal injury case. Justin and his team was extremely pleasant to work with. They were always communicative at providing updates and feedback of the state of the situation. Year and a half later, never had any regrets trusting Breit to represent myself for my case."
"Where do I start, From the beginning till now, EVERYONE that works for BREIT BINIAZAN Law Firm are very AWESOME especially Sarah and her team. Thank you, thank you, thank you for everything . I will recommend this law firm to anybody who needs help. Sarah and your team, please keep up the awesome work. You guys are the BEST. May God Bless All of You. Once again, Thank you Breit Biniazan Law Firm. Team#1 ❤️❤️❤️❤️❤️"
"Sarah Sauble is by far the best lawyer I’ve ever worked with. She was very helpful and knowledgeable about the law and explaining legal terms in order for us to understand. Together with her paralegal, Elizabeth Rankan, they’re both great at what they do. Job well done ladies."
"Sarah's unwavering support and dedication, coupled with her expertise, have been invaluable throughout my accident settlement case. I am profoundly grateful for all she has done, and her efforts have made a significant impact on my journey.I wholeheartedly endorse Sarah Gallo Sauble as well as the entire team at Breit Biniazan Law Firm, to anyone seeking legal assistance. Their professionalism and excellence are unparalleled."
"Sarah and the team at Breit Biniazan could not have been more professional, caring and informative. Throughout the whole process they would check on my condition, health and exchange any updates with medical care as well as the case itself. They walked me through each step, explained the expectations and possible outcomes while keeping it professional. The communication was always as easy as a text, email or call away and always responsive. If you're still looking for your team, look no further. Make the call, let Sarah provide the care you need and fight for the settlement you deserve. Thank you for fighting for me Sarah!"
"Sarah and Elizabeth were wonderful to work with. They are honest, professional and fair and worked very hard to settle our case in a timely fashion. They maintain positive and respectful relationships with opposing counsels to ensure that the client’s best interests are represented. I would highly recommend them to others and I would use them again if the situation were to arise."
"Sara and her team were great to work with. I trusted them to take care of my case and they did. I would use
Them again in the future if I needed to."
"I reached out to Sarah G. Sable, about 9 months ago, from the beginning she assured me that she would take care of my case and that I had nothing to worry about.
Sarah stayed in contact with me every step of the way, she even answered my calls after hours to ensure that she was meeting my expectations, and answering all of my questions.
At trial Sarah represented me like no other. Even the Judge said what an excellent job she did and even asked her what law firm she was representing. Kudos to Sarah. She won our case, as she assured me she would. I would definitely recommend this law firm. Especially Sarah her professionalism and mannerism speaks volumes. Thanks again for representing me."
"The experience was awesome. Breit Biniazan help through the transition and paperwork to help me get my settlement. The whole team and lawyer had great communication throughout the process of this settlement."
"Nothing but a great experience with this firm. Sarah was fully professional, attentive, and communicative throughout the entire process while representing me. Anyone who has a personal injury case, this is the firm that you want to go to. 10/10 I strongly recommend!"
"Sarah has been a great help in my case. I have been in a very serious Motorcycle accident and she and her team has worked very diligently on my case. I would like to say Thank You and will definitely be considering you in the future if needed!!"
"Best law firm in Hampton Roads"
"GREAT! GREAT! GREAT! ... you can not go wrong with this firm backing you!... Thanks for everything!"
"Had a amazing experience with this company. They helped me every step of the way when I had to go to court for a accident I was in. They are really personable and go above and beyond in customer service."
"I couldn’t speak more highly of Kevin, Kylee, and the whole legal team at BB. They were both personable and professional. If you’re looking for a lawyer who cares, this firm is the right one for you."
"My case was small, but it was handled with the care one would expect to be given to a multimillion-dollar settlement. The professionalism, intelligence and kindness of everyone in the firm far surpassed my expectations. Jeffrey Breit and Kevin Biniazan are truly the A Team!"
"Working with this law firm made settling my case a breeze! When i was injured in my car accident and my car was totaled, i was so worried about handling the insurance company and all of the phone calls and paperwork while i had a concussion. With a couple visits and a few emails back and forth with my paralegal and attorney, my case was settled in less than a year! If i ever needed to be represented again i will 100% be choosing Breit Cantor Grana Buckner to represent me! I appreciate everything they did for me!"
"Kevin and his team were very professional and personable! They were very knowledgeable with my case. I feel like I have made some great new friendships. Thank you guys!"
"Was very happy with the service I received from this office Staff is very helpful & friendly. After just a few months my case was resolved & my outcome was better than expected! Kellie Jennings kept me up to date and informed through it all. I have another pending case & have no reservations that the outcome will be as good as the first. I would recommend to family & friends."
"Throughout 2019 and 2020 Attorney Kevin Biniazan helped me with a personal injury case. Aside from the professionalism and attentiveness one would expect from a quality law firm such as Breit Cantor Grana Buckner, I was taken by the fact that they agreed to take my case on a contingency basis, even though there was little evidence in my favor in the early stages of preparation. This meant the world to me. It meant that they believed in me, and my case, when two other firms declined to take the case. In late 2020 the case settled out of court and I received a substantial monetary award that exceeded my expectations. Thank you Kevin, and all your support staff for believing in me when many others did not!!!!"
"This law firm was highly recommended by a friend who had prior representation. I am very pleased with their professionalism and they kept me well informed of my injury case. Attorney Kevin Biniazan and his team fought well for my rights and I received an extremely good settlement. I encourage you to give them a call as you will have a pleasant experience with their representation!"
"My experience with Breit Biniazan and his team was very positive. They were very helpful, were always available, took time to explain the process, and answer any questions I had. A special thanks to Kellie for all her support and efforts. I always felt she was on my side and looking out for my best interest. I would highly recommend Mr. Binazan and his team and would not hesitate to use their services should the need arise."
"Michael Collett represented us in our suit, and he was incredible. He made quick, efficient work of getting our case positively resolved while also making sure to keep us updated along the way. We recommend him to anyone seeking representation in a personal injury suit.
Our suit had dragged on for five years, and we wondered if it would ever be finished. Once Mike was handed our case, he immediately got to work getting to know us and understanding the timeline of events. Additionally, as a prior military member, he understood that our case was not a traditional cut-and-dry lawsuit: our life continued while the company dragged it out in court, including PCSing overseas and then back to the US during COVID. This kind of personal understanding and attention to detail was instrumental to our case. Mike's background, compassion, attentiveness, and professionalism made the difference; without him, we could have had a very different outcome.
If you are in need of any representation for a personal injury suit, I highly recommend Michael and his colleagues."
"I'm an attorney in Nebraska and represented a Nebraska family who lost their son/brother due to an electrocution on a job site in Virginia. After handling the workers' compensation claim in Nebraska, I reached out to multiple law firms in Virginia, ultimately co-counseling with Kevin Biniazan on the Virginia third party claims. He worked the case up, secured experts, and ultimately tried the case to a jury. Kevin and his team did a fantastic job presenting the case, arguing points of law, and overall just demonstrated that they had put extraordinary time and effort into preparing the case for trial. They secured a 7-figure recovery on tough facts and were great to work with along the way. I highly recommend Kevin and his firm."
"I give Kevin Biniazan and his team the highest rating I can. I had a case in Va Beach a few years ago, called a few attorneys but ended up going with Kevin because of the knowledge and compassion he showed. After telling Kevin my issue, he and his team did all the work. They took the time to listen to my concerns and feelings, they were informative and available at all times. Along with the success of my case, Kevin and his team gave me the opportunity and support I needed to begin healing. I couldn’t recommend enough!"
"Outstanding service! My case lasted approximately 2 years, the staff was more than patient with me and the multiple questions I had throughout the process. I highly recommend their services to all."
"I was injured in a motorcycle accident with a car driver and refered to Breit Biniazan by a second lawfirm from my home state. They were professional and got me through one of the most painful times in my life. I simply gave them what they needed and they took care of the rest, getting me proper compensation for my pain and suffering."
"I took a chance on this firm from a recommendation and I couldn’t be happier with their work and the results of my case. Kellie and Nilda are pure gold! Kellie kept me appraised of everything that was going on, timely and answered all my questions and concerns. I followed a recommendation; trust me, Breit Biniazan is the very best!"
"Kevin, Kylee and his team are the best in the business! They are the most trustworthy,hardworking,dedicated, honest, and morally outstanding people I've had the pleasure of knowing."
"My experience with the team at Breit Biniazan was nothing short of outstanding. They handled our case with the utmost professionalism and compassion. Kellie, their paralegal proved to be an invaluable support. Kellie was compassionate and her communication helped us through a tough time. I highly recommend Breit Biniazan."
"I had the pleasure of working with Mr. Beasley and Ms. Jennings. I was unfortunately involved in multiple crashes that I was a victim of and sought their firm, Breit Biniazan for help with medical bills and other issues. They worked with me for well over a year, coming to a successful resolution for my cases. They are incredibly passionate about their job and getting to an outcome desired for their plaintiffs. I would recommend their firm for any cases you may have, no questions asked."
"I’ve never been in a lawsuit, nor have I been to court, or had anything dealing with legal matter so all of this was pretty new to me, and 9/10 it was scary & heart racing. The only reason I got through it is because of Kevin. If it wasn’t for him with his patience, his commitment to his client, or the will to go the distance I never would’ve had confidence in any of this legal stuff. 10/10 recommend Breit Biniazan."
"Kept me informed of the entire process. Offered advice on how to proceed."
"Fantastic team! Kevin is an amazing attorney who comes through on his word. Kylee and the team of paralegals went above and beyond to help me understand what we should expect in the case. I highly recommend Kevin’s team to anyone who is not only in need of a legal team, but one who will get them what they deserve!"
"Kevin and his team worked tirelessly to help us secure the best possible outcome for an incredibly difficult situation. They were supportive and attentive to our needs, walked us through the process step by step and fought hard for us. I would highly recommend Breit Biniazan for all of your legal needs."
"Following a motor vehicle accident, I needed assistance with handling insurance issues and was referred to Breit Biniazan for their expertise. I had the pleasure of working with attorney Alexis Meier and her paralegal Molisa Gardner. They managed my case with utmost professionalism, efficiency, and thoroughness.
As a physician, I am aware that some law firms may try to enhance settlements by recommending excessive consultations, imaging studies, and other tests, as well as extensive therapy. However, Alexis and Molisa ensured that I received the necessary care without subjecting me to unnecessary tests or treatments. I found their approach to be both ethical and professional.
I wholeheartedly endorse Breit Biniazan and recommend their services to anyone in a similar situation."
"Alexis Meier is an exceptional attorney—professional, knowledgeable, and highly effective. She handled my case with efficiency, care, and compassion, ensuring everything was managed seamlessly. Her team was equally impressive, always responsive and prompt in their communication. It was an absolute pleasure working with them, and I highly recommend Alexis and her team to anyone in need of outstanding legal representation."
