Walking should be a safe activity in Morgantown or any other town, but the truth is that pedestrians are at continual risk with every step they take. Threats abound from not only cars, trucks, and bicycles whizzing by, but also from perils like broken pavement, cracked sidewalks, and debris laying carelessly in their paths that can lead to dangerous or even deadly falls and other injuries. If you or a loved one has been involved in a pedestrian accident, get in touch with our Morgantown pedestrian accident attorney to discuss your legal remedies for recouping your losses.

Data from the National Highway Traffic Safety Association suggests that being a pedestrian is indeed a dangerous endeavor. Greater than 75,000 people are injured on the streets, highways, and bi-ways of America each year, with around 5,000 of them experiencing such violent and devastating injuries that they end up dead. In many cases, pedestrian accidents are 100 percent preventable, which means that pedestrians injured can find recourse by filing a pedestrian accident claim.


Whenever a pedestrian versus motor vehicle accident occurs, the aftermath is hellish. Typically, the pedestrian gets little chance at the scene to let the police know what happened since they are injured and hopefully en route to the hospital. This leaves just the driver to tell the story of what occurred, and many times, this story is jaded in the driver’s own favor and may in many cases end up in the final police report.

Potential defendants in a pedestrian accident claim include drivers on the road and anyone charged with the maintenance of the road or street where the accident occurred. Drivers may e negligent in driver versus pedestrian accidents when:

  • The accident happens at a legal crosswalk
  • The driver turns into a pedestrian making his way across a street
  • The driver is impaired by drugs or alcohol
  • The driver is speeding
  • The driver clips a pedestrian walking on the shoulder of the road
  • The driver can avoid the accident but fails to do so


West Virginia is a comparative fault state, meaning that if the pedestrian is partly to blame for the accident, then the pedestrian’s award is reduced by the percentage of his blame. For example, if the pedestrian is ruled to be 20 percent to blame, then his award will be 20 percent less than he would have gotten if he was 0 percent to blame. If the pedestrian is found to be more than 50 percent or more at fault, then he cannot recover any compensation for his accident.


In West Virginia, you have two years from the date of your accident to file a claim against the responsible parties. Contact Shenderovich, Shenderovich, and Fishman to preserve your right to collect damages from the at-fault party, including medical bills, lost wages, pain and suffering, and more. Our pedestrian accident attorney strives to provide aggressive counsel to accident victims, fighting for their rights against the big insurance companies and others. Contact us now for your free consultation.

How Can We Help You? Contact Us For A Free Consultation