You needed to cross the street. You didn’t see a crosswalk nearby, so you waited for a break in traffic, then started across what seemed like an open area.
Out of the blue, an SUV turned onto the road, moving too fast, and hit you. How could this have happened? You ended up in the hospital with serious injuries. Your question: Can you sue the driver for negligence?
Or are you out of luck because you weren’t in a crosswalk?
You might still have a valid claim. Read this entire article.
Virginia state law establishes that pedestrians have the right of way in many situations. Our Virginia Beach personal injury attorneys are highly experienced in pedestrian injuries and will be happy to examine the facts of your case to see whether you may have a claim with merit.
Virginia Law Protects Pedestrians When Crossing Legally
As a pedestrian in Virginia, you’ll want to be aware of a few laws. First, Virginia Law Code 46.2-924 requires vehicles to yield pedestrians the right of way in crosswalks. This includes so-called “unmarked” crosswalks, which are areas of the roadway at intersections where pedestrians are expected to cross.
At an intersection, for example, the areas of the road between the curbs or where the sidewalks would extend across the intersection are considered unmarked crosswalks. Pedestrians are given the right of way—there doesn’t need to be a painted crosswalk. Further, this code requires any driver to stop for pedestrians crossing at any intersection where the speed limit is not more than 35 miles per hour.
But if a pedestrian is crossing outside of a crosswalk—whether marked or unmarked—the situation becomes more complex. The general law is that pedestrians must yield to vehicles outside of an intersection or crosswalk. But there are some instances when you may still be able to hold a driver responsible for negligence.
You May Have a Claim if You Can Prove the Driver Was Acting Unreasonably
If you cross a street outside a crosswalk and are hit and injured by a driver, you may still be able to make an injury claim. Your ability to be successful will depend on the following factors:
- Whether the driver was speeding or otherwise negligent. This includes whether the driver was drunk or distracted, including looking at their phone.
- Whether you, as the pedestrian, were acting recklessly or unlawfully. You cannot purposely obstruct traffic, for example, or engage in risky behavior like darting out in front of moving vehicles.
- Whether you were visible and taking precautions, such as crossing in a well-lit area, checking for traffic, and obeying the “walk” and “don’t walk” electronic signs.
If you were crossing the street outside the crosswalk, for example, and were hit by a car, you may be able to prove that the driver was negligent because they were acting unreasonably. Perhaps the driver was drunk or driving at excessive speeds.
As your Virginia Beach personal injury lawyers, we will thoroughly examine your case to discover if the driver was intoxicated, speeding, or even distracted when they hit you. Evidence of these situations could provide a clear path toward obtaining the compensation you deserve.
Keep in mind that if you are found to be partly at fault in the accident, you will not be able to recover compensation for your injuries. Virginia follows the contributory negligence system when assigning blame for pedestrian accidents. That means that victims are not eligible for compensation if they are even one percent at fault for the incident. The defendant must bear 100 percent of the fault for your claim to be successful.
Other Considerations: Bad Weather Conditions
Our personal injury lawyers will also look into other conditions that may impact your case, such as the weather.
Let’s say you’re walking home, and it’s raining and foggy. As a pedestrian, you are required to act with due care when crossing the street. For example, you should wear reflective clothing and choose safe crossing points. Virginia Law Code 46.2-930 implies that pedestrians must yield to vehicles when crossing outside of crosswalks and be extra cautious in low-visibility conditions.
Drivers too, however, must exercise reasonable care given the weather and the lighting. That means they should slow down and pay more attention, use their headlights properly, and drive with caution. If we can prove they were negligent in any of these things, we may be able to support your claim.
What if the Pedestrian or Driver Was a Minor?
Minor pedestrians, in general, are held to the same expectations when crossing streets as adults. Virginia law does not specifically differentiate between minor and adult pedestrians when it comes to their right to safety.
Minors may be considered less capable of making fully informed decisions in some cases, however, which could influence legal outcomes. This often depends on the age of the minor in Virginia because minors are held to not being contributorily at fault from birth to seven years of age. If they are 7 to 14 years of age, they are also presumed not negligent, but that presumption can be overcome by proof from the driver or the driver’s attorney.
As for minors who are over 14, it is a matter of proof as to whether they can contribute to the cause of their injury.
If a minor was behind the wheel, he or she may still be found negligent in an accident. If that minor was properly licensed and legally driving the vehicle, they could be held negligent if the evidence shows they were driving recklessly or without reasonable care.
If the minor was under the age of 16 and was driving without the proper licensing, Virginia Law Code 8.01-64 states that the owner of the vehicle may be held liable for the damages if they knowingly permitted the minor to drive.
Section 46.2-335 also states the certifications required for learner’s permits and sets out the standards under which 15-year-olds can use those permits. If a driver with a permit, for example, didn’t have an adult with a driver’s license in the vehicle at the time of the accident, that could affect the case and result in penalties or liability for the driver and his or her guardians.
How Can a Personal Injury Lawyer Help with Pedestrian Accidents?
Pedestrian accidents are rarely cut-and-dry. At Shapiro, Washburn, and Sharp, we know how to carefully investigate your case to determine who was really at fault. We will examine all the pertinent documents, photographs, body cams from police and other video evidence, and also interview witnesses and subpoena cell phone records when necessary.
With over 100 years of combined legal experience at our firm, we know how to navigate the complicated legal landscape to give you every advantage with your claim, as we did for two clients struck and injured when crossing a street at the Virginia Beach Oceanfront. That case resulted in $545,000 being awarded to the pedestrians.
Contact us today for a free initial consultation. Our offices are located in Virginia Beach, Portsmouth, Hampton, and Norfolk.