Who Is At Fault If a Car Hits a Pedestrian in Virginia?

Virginia law requires drivers to watch for pedestrians and avoid injuring them. If a Virginia driver hits you while walking, you can demand compensation. However, you must prove you had the right-of-way and that the driver caused the crash.

Don’t let a careless driver avoid their responsibilities if they injured you in a Virginia pedestrian accident. Talk to an experienced personal injury lawyer to understand your rights and how to hold the negligent driver accountable.

What Are the Pedestrian Laws in Virginia?

Understanding your rights and responsibilities as a driver or pedestrian in Virginia can help you avoid accidents and injuries. Some key Virginia pedestrian laws to know include:

• Pedestrians must cross at marked crosswalks, intersections, or areas aligned with sidewalks.
• Drivers must stop for pedestrians in marked crosswalks, at intersections with sidewalks, or when the speed limit is 35 miles per hour or less. Drivers who ignore this rule can face severe penalties, especially if they injure a pedestrian because they broke the law.
• Drivers cannot pass another car that has stopped to allow pedestrians to cross.
• When no sidewalk is available, pedestrians must walk on the left side of the road, facing traffic, to increase their visibility and reduce the risk of an accident.
• Drivers involved in accidents with pedestrians must stop, give the pedestrian their contact information, and help anyone with injuries.

What Are Some Common Causes for Pedestrian Accidents in Virginia?

Pedestrian accidents often occur because of careless driver behaviors, such as the following examples:

• Distracted driving – Looking at a phone, adjusting controls, talking to passengers, or focusing on something other than the road can prevent drivers from seeing pedestrians crossing the street.
• Speeding – Driving too fast reduces drivers’ reaction times while increasing the chances of catastrophic injuries.
• Failing to yield – Motorists who ignore a pedestrian’s right-of-way at a crosswalk or intersection put walkers at serious risk.
• Running red lights or stop signs – Drivers who rush through signals often fail to see pedestrians crossing the street.
• Driving under the influence – Alcohol or drugs impair drivers’ judgment and slow reaction times, making pedestrian crashes more likely.
• Executing reckless maneuvers – Unsafe turns, passing another vehicle without checking for walkers, and other aggressive maneuvers make pedestrian accidents more likely.

What Is Needed to Prove Who Is at Fault for a Virginia Pedestrian Accident?

Some evidence a lawyer can collect to prove who caused an accident involving a pedestrian includes:

• Police reports – Officers who respond to an accident often record details about the crash, including diagrams of how it happened, any citations they issued, and initial assessments of fault.
• Witness statements – Testimony from people who saw the accident can help confirm how the collision happened, such as whether the driver was distracted or driving too fast for road conditions.
• Traffic camera or surveillance footage – Video recordings can show whether the driver failed to yield, ran a signal, or was distracted.
• Accident scene photos – Images of vehicle damage, skid marks, traffic signals, and crosswalks can help your lawyer recreate the events leading up to the crash.
• Medical records – Documentation of your injuries can connect the accident directly to the harm you suffered.
• Cell phone or vehicle data – Phone records or details from the car’s event data recorder may reveal if the driver was speeding or using their phone before the impact.
• Expert analysis – Accident reconstruction specialists can review the evidence and use sophisticated models to explain how the crash occurred and who was responsible.

Does the Pedestrian Always Have the Right of Way?

Pedestrians do not always have the right-of-way in Virginia. State law protects pedestrians in:

• Marked crosswalks
• Intersections with sidewalks
• Other areas where traffic legally must stop.

Drivers must yield in those places. Violations can bring fines or even criminal charges if someone gets hurt.

At the same time, pedestrians must follow traffic laws, too. They have legal duties they must follow to avoid collisions. Specifically, in Virginia, pedestrians must:

• Cross only at designated crosswalks.
• Obey traffic signals.
• Avoid stepping into traffic if a motor vehicle cannot reasonably stop in time.
• Use sidewalks when available or walk on the left side facing oncoming traffic if no sidewalk exists.

What Happens If a Pedestrian Causes an Accident?

Some states let pedestrians who contribute to accidents recover compensation as long as the pedestrian isn’t solely responsible or doesn’t bear the majority of the blame. Unfortunately, that’s not true in Virginia due to the state’s pure contributory negligence rule.

In Virginia, anyone who contributes to their own injuries in an accident, no matter how small their role, cannot recover any compensation, with some limited exceptions.

Drivers and insurance companies often use this harsh rule to contest accident claims and avoid paying fair compensation when a pedestrian is hit by a car. A pedestrian accident lawyer can collect evidence showing you had no role in a collision so you can preserve your right to compensation.

What Are Some Steps to Take After a Virginia Pedestrian Accident?

Once you’ve sought medical attention and reported the crash to the police, follow these steps to protect your rights after a Virginia pedestrian accident:

• Follow your doctor’s instructions.
• Write down everything you remember.
• Save your medical records, receipts, and other documents related to the crash.
• Don’t discuss the collision or your injuries on social media.
• Contact a pedestrian accident attorney as soon as possible.

Is There a Time Limit for Filing a Pedestrian Accident Claim in Virginia?

Under Virginia law, you usually have two years from the date your pedestrian accident occurred to file a lawsuit, or the date of your injury. However, it’s in your interest to contact a lawyer as soon as possible. Evidence from the scene can deteriorate quickly and make determining liability more challenging. Your attorney can collect the evidence while it’s fresh and deal with the insurance companies to prevent you from saying or doing anything that might hurt your claim.

Contact a Virginia Pedestrian Accident Lawyer

Lichtenstein Law Group PLC has nearly 100 years of combined experience and a proven record in providing skilled legal representation in pedestrian accident claims. Our law firm can handle all the legal work and pursue the compensation you deserve while you focus on healing. We won’t charge any attorney fees unless we recover compensation for you. Call now or complete our contact form for a free consultation.