Traffic Laws for Pedestrians in Virginia

Virginia’s pedestrian accident laws cover many aspects of traffic safety, from where pedestrians can legally cross a street to where pedestrians should walk on the roadway. These laws can help determine who’s liable if a driver hits a pedestrian.

However, drivers sometimes try to twist these laws in their favor. For this reason, if you have been injured as a pedestrian in Virginia, you should consult an experienced personal injury lawyer who knows these pedestrian traffic laws inside and out and can explain how they may apply to your case.

How Does Virginia Law Classify a Pedestrian?

Virginia law does not provide a precise legal definition of “pedestrian.” However, courts and lawyers generally classify pedestrians as people who move on foot or use mobility aids, such as wheelchairs or walkers. This broad definition matters.

Virginia law protects anyone walking or using assistive devices when they:

• Cross at marked crosswalks
• Obey all traffic signs and signals
• Walk on sidewalks.

Remember: Virginia law’s protections apply when you meet legal expectations for safe pedestrian behavior.

What Are Virginia’s Pedestrian Traffic Laws?

Virginia has many laws that may apply to pedestrian accident lawsuits. Some of the most important laws include the following:

• Crossing the street – You must cross at crosswalks, intersections, or other safe locations. Entering traffic in a way that interferes with vehicles can create legal consequences and raise questions about who’s responsible for an accident.
• Driver’s duty to stop – Drivers must stop for pedestrians at marked crosswalks, at intersections where sidewalks connect, and areas with speed limits of 35 miles per hour or less. A driver who ignores this rule can face traffic fines or criminal charges if they injure a pedestrian.
• Passing stopped vehicles – Drivers cannot pass another car that has stopped to allow pedestrians to cross.
• Walking on roadways – If no sidewalk exists, you must walk on the left side of the road, facing traffic.
• Driver duties after accidents – If a pedestrian accident happens, the driver must stop, provide their identification and contact information, and help anyone with injuries. Leaving the scene without fulfilling these duties can lead to misdemeanor or felony charges.
• Obeying traffic signals – Pedestrians must follow “walk” and “don’t walk” signals. Pedestrians who ignore these signals could be liable for an accident.
• Crossing outside crosswalks – When no crosswalk exists, pedestrians must yield the right-of-way to vehicles, except when they have already entered the roadway.

What Are Some Examples of Jaywalking Under Virginia Law?

Examples of jaywalking under Virginia law include:

• Crossing a street outside of a marked crosswalk
• Entering the roadway against a traffic signal
• Stepping into traffic when vehicles do not have enough time to stop.

You can also commit jaywalking if you cross an intersection diagonally, without signs allowing it.

What Are the Penalties for Jaywalking in Virginia?

Jaywalking is a traffic infraction in Virginia, meaning it’s not a misdemeanor or felony. If you cross outside a crosswalk, ignore a traffic signal, or fail to yield to cars when the law requires you to, you can receive a citation and have to pay a fine. While the fine is usually modest, a jaywalking citation can affect your accident claim. If you suffer injuries while jaywalking, the state’s contributory negligence rule may prevent you from recovering compensation because the violation shows you may share responsibility for the incident.

What Are the Dangers of Jaywalking?

Jaywalking creates significant safety risks because drivers usually do not expect pedestrians to appear outside crosswalks or against traffic signals. So, crossing unpredictably reduces the time drivers have to see a pedestrian and react, which raises the chance of severe injury.

Jaywalking also increases legal risks for pedestrians. If an accident happens, a driver may argue that the pedestrians caused or contributed to the crash by ignoring traffic laws. That argument can prevent pedestrians from recovering compensation due to the Virginia contributory negligence rule.

Are Virginia Drivers Always Considered To Be At Fault in a Pedestrian Accident?

Virginia drivers are not automatically liable for pedestrian accidents. Drivers must yield to pedestrians in crosswalks, follow traffic signals, and avoid unsafe maneuvers. Pedestrians also have duties. Pedestrians who cross against a signal, step into traffic suddenly, or ignore crosswalk rules may share responsibility for the collision. Because Virginia has a strict contributory negligence rule, even a small mistake by a pedestrian could prevent them from recovering compensation.

What Happens If the Driver and the Pedestrian Are Both At Fault?

If the driver and the pedestrian share fault in a Virginia accident, the state’s contributory negligence rule determines the outcome. With few exceptions, the rule prevents an injured person from recovering compensation if they contribute to an accident in any way, no matter how small. For example, if a driver fails to yield but the pedestrian crosses outside a crosswalk, the pedestrian may not receive compensation because their own actions contributed to the crash.

Insurance companies often raise contributory negligence to avoid paying claims. In these cases, proving that the driver had the last clear chance to avoid the collision may provide a path forward but require strong evidence.

What Is the Last Clear Chance Doctrine in Virginia?

Virginia’s contributory negligence rule prevents typically you from recovering damages if you bear any fault for a pedestrian accident, even if the driver is primarily responsible. The last clear chance doctrine creates an exception to that strict rule. The last clear chance doctrine may apply if you made a mistake that put you in danger, but the driver still had a reasonable chance to avoid hitting you and failed to do so.

For example, if you crossed outside a crosswalk when you weren’t supposed to, but the driver had enough time and distance to stop or steer away, the last clear chance doctrine can help you recover compensation even if you’re partly responsible for the crash. Proving the driver had the last clear chance to avoid a collision requires a thorough investigation and possibly consultation with experts such as accident reconstruction specialists.

Contact a Virginia Pedestrian Accident Lawyer

With nearly 100 years of combined experience and millions recovered for our clients, Lichtenstein Law Group PLC is fully equipped to defend your rights. We’ll investigate your pedestrian accident, collect evidence, document your injuries, and push back against any efforts to blame you for what happened. Call now or complete our contact form for a free consultation.