Pedestrians have the right of way over cars at junctions, but they also have a responsibility to avoid accidents as much as possible. The following is taken from Virginia Law 46.2-924:
“No pedestrian shall enter or cross an intersection if approaching traffic is present.”
However, if a pedestrian is in or entering a crosswalk, automobiles must slow down, yield, or alter direction, according to the law.
The law goes on to say that pedestrians and bicycles can be required to halt before entering a crosswalk by the local municipality. If you do not comply, you may be subject to a fine of up to $100.
Virginia Pedestrian Accident Lawsuits
If you are hurt as a pedestrian in Virginia, you may be eligible to file a personal injury case against the driver to recover damages.
You can file a lawsuit against a driver for their negligence in creating a car accident, and you can also file a case if you are wounded while out walking by a motorist.
A personal injury case that involves a pedestrian accident is known as a pedestrian accident lawsuit. To win the lawsuit, you’ll have to prove that the driver was careless in their driving.
Negligence means that someone else could have avoided the accident if they had acted differently.
Determining Fault in Pedestrian Accidents in Virginia
It may appear that determining culpability in pedestrian accidents in Virginia is straightforward. That isn’t always the case, though.
Due to inadequate municipal maintenance or walkway structures, the driver may be partially or completely at blame. Due to overgrown vegetation or blind junctions, cars may be unable to detect pedestrians. If this occurs, your personal injury claim may be brought against the municipality rather than the motorist.
Other occasions, the pedestrian is to blame for failing to obey established traffic signals or purposefully walked out into the street knowing they were putting themselves in danger.
When utilizing roadways, both pedestrians and motorists must exhibit reasonable caution. This includes adhering to all traffic regulations. The courts will look at which side broke the posted laws to establish who is at fault.
This means that the pedestrian could be held responsible for the accident and could face legal action
Negligence on the part of the contributor
Then there are situations in which both the pedestrian and the driver are at blame. If that’s the case, you won’t be able to recover any financial damages under Virginia law if you’re found to be partially at fault for an accident. That implies you may be barred from obtaining compensation for an accident if you fail to yield or halt before entering the street as a pedestrian.
For example, if you are inebriated and go for a walk where you jaywalk and are hit by another driver, the courts may hold you partially guilty because you were not in your right mind when out walking.
If you’re walking while texting and not paying attention to the road, you could be partially to blame for a pedestrian accident.
Get a Free Consultation to Begin Your Claim
Due to Virginia’s contributory negligence statutes, having a qualified personal injury attorney is critical to obtaining a favorable settlement. A single blunder or omission in the lawsuit could result in you being denied reimbursement for your injuries.
After a pedestrian accident, contact Geoff McDonald & Associates for legal advice. To get to know you and your situation, we provide a free initial consultation.