Pedestrian Accident Attorney in Morgantown

Nearly 60 Years of Experience. A Former Judge’s Perspective. Fighting for You.

A pedestrian struck by a vehicle has no metal frame or airbags between them and the impact. Injuries are frequently severe, and the path from the accident scene to a fair settlement is rarely straightforward. At The Moore Law Firm, PLLC, we handle pedestrian accident claims in Morgantown and throughout West Virginia, bringing nearly 60 years of collective legal experience to every case. Jerry D. Moore’s background as a former West Virginia prosecuting attorney and circuit judge gives our firm a clear view of how opposing counsel and insurance adjusters approach these claims from the other side of the table.

We handle each case with direct attorney involvement. You won’t be passed to a paralegal when you have questions. We use both litigation and negotiation to pursue the best available outcome, and we’re prepared to take your case to trial when that’s what it takes.

If you or a family member was struck by a vehicle in Morgantown or Monongalia County, contact The Moore Law Firm, PLLC at (304) 521-2451 to discuss your situation with an attorney who understands how these cases are decided.

Common Causes of Pedestrian Accidents in Morgantown

Morgantown’s combination of heavy student foot traffic, hilly terrain, and high-volume corridors near WVU creates conditions where driver inattention can have serious consequences. Corridors like University Avenue and downtown High Street place pedestrians and vehicles in close, constant proximity.

Driver behaviors that commonly give rise to negligence claims include:

• Distracted driving: Phone use and texting divert a driver’s attention long enough to miss a pedestrian in the roadway
• Failure to yield: Drivers who don’t stop at marked crosswalks and intersections are among the most common sources of pedestrian collisions
• Speeding: Higher vehicle speeds sharply reduce stopping distance and increase injury severity
• Impaired driving: Alcohol and drug use impair both reaction time and judgment
• Low-visibility conditions: Night driving and adverse weather increase pedestrian risk, particularly on routes without adequate lighting
• Backing vehicles: Parking lots and driveways create a distinct hazard category where drivers have limited rear visibility

West Virginia Law & Your Pedestrian Accident Claim

West Virginia follows a modified comparative negligence standard under WV Code §55-7-13c. Under this rule, an injured pedestrian’s recovery may be reduced by their percentage of fault, and recovery is barred entirely if that percentage exceeds 50% of combined fault. Insurance adjusters routinely work to assign partial fault to pedestrians precisely because it reduces the value of a claim. Understanding this framework before you give any statement is important.

The filing deadline for personal injury claims in West Virginia is two years from the date of the accident under WV Code §55-2-12. Missing that window can bar recovery entirely. Two additional considerations apply in Morgantown specifically:

• Government entity involvement: If your accident occurred near WVU property, at a city crosswalk, or involved a city vehicle, the WV Governmental Tort Claims and Insurance Reform Act (WV Code §29-12A) may impose procedural notice requirements and recovery limits that don’t apply in standard driver-versus-pedestrian claims
• Pedestrian right-of-way rules: West Virginia law requires drivers to yield to pedestrians in marked crosswalks and requires pedestrians to obey traffic signals. Fault analysis considers both

When a government entity may be involved, early legal counsel isn’t just helpful. It can be important to preserving a claim.

Injuries & Damages in Pedestrian Accident Cases

Pedestrian collisions commonly produce traumatic brain injuries, spinal cord injuries, fractures, internal organ damage, and soft tissue injuries. Some injuries don’t become apparent for hours or days after impact, which is one reason immediate medical evaluation matters for both health and legal purposes.

Recoverable economic damages can include emergency and ongoing medical care, surgery, rehabilitation, prescription costs, lost wages, and reduced earning capacity. Non-economic damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. If a pedestrian was killed in the accident, surviving family members may have grounds to pursue a wrongful death claim for funeral expenses, loss of financial support, and loss of expected earnings. In cases involving grossly negligent or intentional driver conduct, West Virginia law may allow for punitive damages as well.

What The Moore Law Firm, PLLC Brings to Pedestrian Accident Cases

Nearly 60 years of collective experience means we’ve worked through the full range of what West Virginia courts and insurance carriers bring to personal injury litigation. Jerry D. Moore’s time as a circuit judge and prosecuting attorney gives our firm a perspective that’s genuinely uncommon in plaintiff-side work. We understand how judges evaluate credibility, how opposing counsel builds a comparative fault argument, and where insurers apply pressure to push settlements down.

Jared T. Moore and Jerry D. Moore both bring extensive courtroom experience to cases that go to trial. For cases that resolve through negotiation, we apply that same litigation readiness as leverage. Our firm has received numerous industry awards, and our standard for client communication is straightforward: attorneys are directly accessible, and clients are informed at every stage.

Steps to Protect Your Claim After a Pedestrian Accident

What you do in the hours and days after a pedestrian accident can affect what your claim is ultimately worth. A few actions that matter:

• Seek medical attention immediately, even if injuries seem minor. Documentation of injuries from the outset is important to any claim
• Preserve evidence quickly. Surveillance footage from businesses and city cameras can be deleted within days or weeks
• Gather the driver’s information, names of any witnesses, and photos of the scene before you leave if you’re physically able to do so
• Don’t give recorded statements to insurance adjusters before speaking with an attorney. Early statements can be used to reduce claim value

Pedestrian cases sometimes involve more than one liable party. Depending on the circumstances, a property owner, a government entity, or an employer may share responsibility alongside the driver. We assess each claim fully before identifying every potential avenue of recovery.

Talk to a Morgantown Pedestrian Accident Attorney

After a pedestrian accident, you shouldn’t have to navigate the legal system while you’re focused on recovery. The Moore Law Firm, PLLC handles communications with insurers and opposing parties on your behalf, builds the legal strategy, and keeps you informed throughout. We serve clients in Morgantown and across West Virginia with the same direct attention and committed advocacy we bring to every case.

Call The Moore Law Firm, PLLC at (304) 521-2451 to speak with an attorney about your pedestrian accident claim.