What Duty Do I Have to Avoid Accidents as a Pedestrian in Virginia?

Dec 14, 2021 | Personal Injury

While pedestrians have the right of way over cars at intersections, pedestrians still have a duty to avoid accidents whenever possible. Virginia Law § 46.2-924 states the following:

“No pedestrian shall enter or cross an intersection in disregard of approaching traffic.”

However, the law also states that drivers are to slow down, yield, or change course if a pedestrian is in the crosswalk or entering the crosswalk.

The law goes on to state that the local municipality can require that pedestrians and cyclists stop before entering a crosswalk. Failing to do so could mean that you must pay a fine of up to $100.

Pedestrian Accident Lawsuits in Virginia

If you are injured as a pedestrian in Virginia, you might be able to pursue a personal injury lawsuit against the driver to receive compensation for your injuries.

Just like you can file a lawsuit against a driver for their negligence in causing a car accident, you can pursue a lawsuit when you are injured by a motorist while out walking.

A pedestrian accident lawsuit is a type of personal injury lawsuit. To win the case, you’ll need to show that the driver was negligent in their vehicle operation.

Negligence shows that another party involved could have prevented the accident had they acted differently.

Determining Fault in Virginia Pedestrian Accidents

Determining fault in pedestrian accidents in Virginia might seem simple. But that isn’t always the case.

In some cases, the driver is only partially at fault or not at fault due to poor municipal maintenance or walkway structures. Sometimes, drivers cannot see pedestrians due to overgrown landscaping or blind intersections. When this happens, your personal injury case might be against the municipality and not the driver.

Other times, the pedestrian is at fault for failing to yield to posted signals or maliciously walking out into the roadway knowing that they were placing themselves in harm’s way.

Pedestrians and motorists both must exercise reasonable care when using roadways. This includes obeying all posted traffic laws. To determine fault, the courts will look at which party violated the posted laws.

This means that the pedestrian can be at fault for the incident and face a lawsuit for their part in the accident.

Contributory Negligence

Then there are cases where both the pedestrian and the driver are at fault. If that’s the case, under Virginia law you cannot recover any financial damages if you are found at all at fault for an accident. That means that if you fail to yield or stop before entering the roadway as a pedestrian, you might be prohibited from seeking compensation for the accident.

For example, if you are intoxicated and out for a walk where you jaywalk and another motorist hits you, the courts might find you partially responsible because you were not of a sound mind while out walking.

Or if you are walking and texting and not giving the roadway your full attention, you might be partially responsible for a pedestrian accident.

Start Your Claim with a Free Consultation

Having a good personal injury attorney is essential to winning a settlement in Virginia due to contributory negligence laws. One wrong word or misstep in the case could mean you are prohibited from getting compensation for your injuries. 

Contact Geoff McDonald & Associates for legal insights after a pedestrian accident. We offer a free initial consultation to get to know you and your case.

Geoff McDonald and Associates: 804-888-8888.

FREE CONSULTATION

No Fees Unless We Win







    Will My Insurance Go Up If I Hire an Injury Attorney?

    Car accidents can be costly – both to your health and your finances. When another driver is responsible for the crash, it’s important to ensure your rights are protected. While you will typically seek compensation from the other driver’s insurance company, the...

    Benefits of Hiring a Slip and Fall Attorney in Virginia

    Slip and fall accidents can cause serious injuries that impact your daily life and affect you for years. After an accident, you should focus on your recovery and let an experienced lawyer handle the details of your personal injury claim.  Often, these accidents occur...

    What Does the Insurance Company Really Think My Case Is Worth?

    The perceived value of your injury claim will depend on what evidence is available to the insurance company. In most cases, the value of a claim will be determined by the amount of property damage and medical bills associated with the accident. That said, the claims...

    What to Do After Suffering an Injury on a Business Property

    Immediately after suffering an injury on a business property, your top concern should be your health and wellbeing. Call 911 and leave the scene in an ambulance if you aren’t feeling well. Don’t attempt to drive if you have any concerns about your level-headedness or...

    Our Case Results

    $4,700,000
    Industrial Plant Accident

    Attorneys for the Plaintiff: Jeffrey A. Breit and Justin M. Sheldon Our client was killed in an industrial accident when an unauthorized worker was operating an overhead crane and pinned our client between…

    $1,750,000
    Rear-End Crash

    Our client suffered a traumatic brain injury, facial trauma, a dislocated hip and severe abdominal trauma when she was rear-ended at a traffic light by a tractor trailer. Suit was commenced shortly after…

    $1,250,000
    Assault of Log Truck Driver

    Attorneys for the Plaintiff: Geoffrey R. McDonald, Frank H. Hupfl, Justin M. Sheldon.
    Our client suffered a traumatic brain injury after being assaulted and knocked to the ground while fueling his logging…

    $860,000
    Drunk Driving Crash

    Our client suffered neck/head trauma and a broken wrist after his vehicle was struck by a drunk driver while he was stopped at a traffic light. Upon rejection of a settlement offer of $325,000, our litigation…

    $700,000
    Rear-End Collision

    Attorneys for the Plaintiff: Justin M. Sheldon and Geoff R. McDonald, Richmond
    GMA’s client was injured as a result of a rear-end collision in the greater Richmond area. The crash occurred a little after…

    Client Reviews

    Cheryl and Rich were wonderful and patient with me throughout the case. All of my questions were answered. They really helped me through this tough time and made sure to let me know what was going on. I really thank Geoff…

    Troy Saxby

    My experience with GMA staff was first rate. They always represented in a professional way and made sure I had everything as far as paperwork. Kara and Theo made sure to answer all my questions, was always available and so…

    Shirley Brown

    Geoff McDonald & Associates is the team that you want on the field if you’re in need of top notch legal defense! Mr. Taj Henley demonstrated true customer service skills and his expertise made me feel comfortable throughout the…

    Julian Reeves

    Geoff McDonald & Associates: Thank you Taj Henley for all of your hard work and dedication! Very expeditious in my case and I was very satisfied with my settlement. Will recommend to all my friends and family!

    Shareema Williams

    Geoff is number one in my book and I especially appreciate the support of Mr Henley

    Ebony Conwell

    I was so pleased with the knowledge and support from Mr. Taj Henley

    Kideem Frierson

    Thank you Geoff McDonald &Associates. A special thank you to Mr. Taj Henley

    Denise Conwell

    Mr. Taj Henley displays exceptional professionalism for Geoff McDonald & Associates, along with commendable communication skills and customer service. By his work ethic and commitment to the people he serves his value to any…

    Justin Fitzgerald