What Damages Can You Sue for After a Pedestrian Accident?

 Posted on November 20, 2025 in Personal Injury

Victims of pedestrian accidents often face significant pain, medical bills, and time away from work. If you were struck by a car, you may be able to file a claim or lawsuit for compensation under Virginia law. However, the burden of proving fault and your losses falls on you. An experienced Fairfax, VA personal injury attorney from Robinson Law, PLLC can help.

Determining Fault in a Pedestrian Accident

To recover money for your injuries, you must first prove that someone else was at fault. Virginia uses a strict rule called contributory negligence. If the insurer proves that you were even slightly negligent, you may be barred from recovering compensation.

In these cases, fault is usually based on negligence. For example, a driver who was texting, speeding, or failing to yield at a crosswalk may be considered negligent. Police reports, video footage, and witness statements can help show what happened. Your lawyer can also work with experts who recreate the accident to show exactly how the driver caused your injuries.

Under Virginia Code § 46.2-924, drivers must stop for pedestrians who are in clearly marked crosswalks. If a driver ignores that law, it can be strong evidence of fault.

What Are Economic Damages in a Pedestrian Accident Case?

Economic damages are the financial losses that you can prove with bills, receipts, or income records. Common examples in auto accident cases include:

• Medical expenses: The cost of emergency care, hospital treatment, surgery, rehabilitation, and medication

• Lost wages: The money you lost because your injuries kept you from working

• Future lost income: The money you will lose if your injuries affect your ability to work in the future

• Property damage: The cost of repairing or replacing personal items like your phone, glasses, or clothing that were damaged in the accident

Your attorney can help gather all the evidence you need to prove these losses.

What Does It Mean To Get Compensation for Pain and Suffering?

Not all losses are financial. You can also seek monetary compensation for the physical pain and emotional distress caused by the accident. These are called non-economic damages.

Pain and suffering include ongoing pain, anxiety, depression, and the emotional toll of no longer being able to complete your normal activities from before the injury. For example, you might no longer enjoy hobbies you once loved, or you might struggle to sleep or feel safe walking near roads.

Can I Get Punitive Damages if a Car Hits Me in Virginia?

Punitive damages are different from compensation for losses. They are designed to punish the driver and discourage similar behavior in the future. These damages only apply in cases of extreme recklessness or intentional wrongdoing.

For example, if the driver was drunk, street racing, or trying to flee from police, the court may consider awarding punitive damages. According to Virginia Code § 8.01-38.1, punitive damages in personal injury cases are limited to $350,000, but there is no limit on economic and non-economic damages. Keep in mind that a punitive damages order is rare in car accident cases.

Schedule Your Free Consultation With a Fairfax, VA Pedestrian Accident Attorney

Pedestrian accidents can lead to long recoveries, emotional trauma, and expensive medical care. A dedicated Fairfax, VA personal injury lawyer can help you build a claim and alleviate the financial burden. At Robinson Law, PLLC, we have more than 50 years of combined legal experience helping injured clients throughout Virginia.

Contact us today at 703-844-3746 to schedule a free consultation and learn about your options for recovery. Hablamos Español. We are available 24/7 to answer your questions, and we work on contingency, which means you pay no attorney fees unless you win your case.