Crosswalks help keep pedestrians and bikers safe while crossing the road. But sometimes you’re in a hurry. You come to the crosswalk. The sign indicates that you should not cross, but no cars are coming. Surely you can go ahead and cross the street, can’t you?
The simple answer is: You can, but it may hurt your case if you are hit by a car and injured.
Crosswalk laws can be confusing in Virginia. If you were in an accident in a crosswalk, our Virginia Beach bicycle accident attorneys and Virginia Beach pedestrian accident lawyers will be happy to help. We will conduct a thorough investigation of your case to gather all the evidence needed to present a strong argument to the insurance company.
What Does Virginia Law Say About Crosswalks?
In general, Virginia law says that you can ride your bike through a crosswalk unless there is a sign that specifically prohibits you from doing so.
Pedestrians, however, have the main right-of-way while in a crosswalk. Bicyclists must yield to any pedestrian in the crosswalk, according to the law, and should “give an audible signal before overtaking and passing any pedestrian.”
While in the crosswalk, however, a bicyclist has the same rights as a pedestrian when it comes to motorists. That means if you are struck by a driver who fails to obey the rules of the road, you can file a personal injury claim against that driver.
Should you choose to get off your bike and walk through the crosswalk, you would be considered a pedestrian and would have the same rights and duties as a regular pedestrian.
This is all assuming, however, that you are properly following all traffic signals, including the “do not walk” signals. Whether you are riding a bike or walking, you are expected to obey the signal. As long as you do that, if you are hit or injured while in the crosswalk, you will be able to put together a strong argument for compensation.
What If You Cross Against the Signal?
If you are a pedestrian and you cross against a “don’t walk” signal or traffic signal, you will probably lose your right-of-way and may be held liable for an accident.
If the driver who hit you was drunk, your pedestrian accident lawyer may have a case against that driver. Driving under the influence significantly increases a driver’s legal responsibility. However, Virginia law can be complex, so talk to your attorney about your case first.
If you are riding a bicycle, you must stop before entering the crosswalk and check both ways for traffic. You must also yield the right-of-way to pedestrians. If you decide to cross the crosswalk against the signal and you are struck by a car, you may be at least partially liable for that accident.
In some states, you could still recover compensation for partial liability. Virginia’s contributory negligence law, however, states that if you are even partially at fault for an accident, you cannot collect compensation from the other liable party. Even if you were only one percent responsible, that could bar you from recovering anything for your medical bills, lost wages, and other losses caused by a negligent driver.
How Can a Bicycle Accident Attorney Help?
If you or a loved one was injured in a crosswalk accident, contact us today. We will evaluate the specifics of the accident—including witness statements, police reports, video surveillance, and other evidence. We know the ins and outs of Virginia law so even if you were crossing against the signal, we may be able to represent you in a personal injury case.
Named a “Best Law Firm” since 2020, our lawyers will help you understand your rights and options, as we did for this university student who was hit by a car while riding her bike. We helped her negotiate a $450,000 settlement.
Find us in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.