Understanding Virginia's Crosswalk Laws: A Guide for Pedestrians

Pedestrians Face Real Risks in Virginia - Know Your Rights and Responsibilities

As a pedestrian in Virginia, you share the roads and crosswalks with drivers, motorcyclists, and cyclists of varying skill and attention levels. Unfortunately, many pedestrians are injured or even killed in our state every year. As a pedestrian and driver, you must understand traffic safety laws, exercise caution, report incidents promptly, and obtain legal guidance when needed. This guide explains Virginia’s fundamental laws, pedestrian accident statistics and causes, steps for accident response, and answers common legal questions.

Our team of personal injury attorneys is resourceful, experienced, and knowledgeable regarding your rights. To learn more about how we can help you, call Altizer Law today at 540.345.2000. 

Use Care and Caution on Virginia’s Roads

While you may have right of way as a pedestrian, that doesn’t remove your duty of care. No one wants accidents to occur, so prevention starts with mutual respect, situational awareness, and intelligent decisions by all road users. Children should be supervised near roads and only cross when safe and with a signal. Impaired, distracted walking is as dangerous as impaired or distracted driving - don't text, wear headphones or wander randomly across roads. Make eye contact with nearby drivers before crossing, continue observing vehicles, and cross at marked intersections or crosswalks whenever feasible. Drivers should watch for pedestrians at intersections, crosswalks, and near stopped buses. We must share the roads responsibly to promote safety for all.

Virginia Traffic and Pedestrian Laws to Know

The Virginia traffic code establishes key laws for driver and pedestrian behavior. As a pedestrian, you must understand and follow signals, crosswalks, and other safety rules and to support any injury claims later.

• Pedestrians have the right of way in marked crosswalks when crossing with signals/lights, where stop signs require vehicles to stop, and at intersections if vehicles can stop safely.  

• Vehicles have the right of way at non-intersection points without pedestrian signals or stop signs.

• Pedestrians cannot “dart out” suddenly in a way that drivers cannot reasonably stop for.  

• Pedestrians must obey walk/don’t walk signs and other intersection traffic controls.

• Non-functioning traffic lights become 4-way stops for vehicles.

• When no sidewalks exist, pedestrians should walk facing oncoming traffic as far from roadways as safely possible.

• Drivers must yield right of way to pedestrians in crosswalks and intersections as required by law. Failure to pay may lead to reckless driving charges.

• All road users should avoid distractions and give full-time attention to road conditions and hazards.

Top Causes of Pedestrian Accidents in Virginia 

While responsibility often lies with drivers in pedestrian collisions, walkers still need awareness of frequent contributing factors:

• Driver distraction or recklessness 

• Poor lighting conditions at night

• Pedestrian impairment through alcohol/drugs

• Disobeying pedestrian signals

• Difficult weather conditions 

• Wandering onto roads from between parked cars

• Unmarked crosswalks at intersections

• Higher city speeds and pedestrian volumes  

Sadly, over 100 pedestrians lose their lives in Virginia every year, and thousands suffer injuries. Staying alert as both pedestrians and drivers is critical to reducing accidents.

Take Proper Action After a Pedestrian Accident

If a driver hits you in Virginia, you’ll need medical treatment and likely require legal help to obtain injury compensation. Follow these steps:

• Seek immediate medical care, even for seemingly minor pains, cuts, and scrapes, which can worsen without treatment. This also documents injuries while still fresh.

• For severe injuries, call 911 for ambulance transport to an ER. Describe accident details and symptoms to aid diagnosis.  

• Contact the police to report the crash and request a copy of the accident report later. If the at-fault driver leaves the scene, provide their vehicle description and license plate details if possible.

• Ask witnesses to remain to give statements to police or request their contact phone numbers. Witnesses help establish what happened.

• Take photos of the accident scene, vehicles, license plates, street signs/signals, and any visible injuries—these aid insurance/legal claims.  

• Do NOT discuss fault with anyone on-scene or admit blame. Give statements only to police officers once evaluated medically.

• Seek experienced pedestrian accident counsel immediately. Personal injury lawyers prove fault, document damages suffered, negotiate fair claim settlements, and file suits against insurance firms when justified.  

How Fault Is Determined in Virginia Pedestrian Claims 

As a “comparative negligence” state, Virginia pedestrian accident victims can still recover damages if partially responsible for causing crashes. But claim awards decrease by your direct contribution percentage to the incident. Skilled personal injury attorneys help gather police reports, camera footage, medical reports, witness statements, photos, and other evidence to determine clearly:

• Exact vehicle/pedestrian locations entering intersections/crosswalks 

• Which party had legal right of way by signals or stop signs

• Factors impairing pedestrian judgment, like darkness or intoxication  

• Avoidable driver distractions like cell phones or controls 

• Vehicle speeds and ability to prevent hitting pedestrians

• Any obstruction of pedestrian visibility 

• Road defects possibly contributing  

• Vehicle equipment failures like brakes or tires

Thorough case investigation and legal expertise prepare your pedestrian accident lawyer to negotiate reasonable compensation with insurers or file court claims against drivers breaching duties.  

Common Legal Questions and Answers After Pedestrian Accidents  

1. What Legal Deadlines Apply To Injury Claims After Pedestrian Accidents In Virginia?

Virginia injury laws typically allow two years from the incident date for pedestrians or their surviving kin to file personal injury or wrongful death lawsuits against negligent drivers. Minors under 18 years old at the time of crashes can extend filing deadlines for two additional years from turning age 18. But evidence and memories fade over time, so promptly discuss your case with a pedestrian accident attorney. There are no deadlines to request payment from insurers after submitting documentation showing another’s fault.  

2. Is There Any Guarantee I Will Receive Pedestrian Accident Settlement Funds?

There are no guarantees of payment after crashes, but experienced personal injury attorneys assess the strength of legal entitlements to compensation based on the following: 

• Documented medical costs, lost income, and calculated future damages.

• Photos, witness statements, and police reports showing where victims and vehicles were situated and which party violated applicable traffic laws. 

  • Drivers breaching duties owed to pedestrians typically must compensate the injuries directly resulting from their negligence.

• Based on accident specifics and victim profiles, how credible and reasonable do your claimed injuries and economic losses appear? 

  • For instance, significant hospitalizations, disability, and lost careers from severe pedestrian impacts logically deserve more compensation for assault victims than minor bruises with no work time lost.

• Can I Still Receive Damages If I Am Injured While Improperly Crossing A Street Outside Intersections Or Marked Virginia Crosswalks?

Technically yes. Comparative negligence laws only reduce injury claim payouts by your assessed percentage of fault contributing to crashes – even when crossing illegally. But it creates an uphill legal battle convincing insurers or juries the driver bears primary responsibility and deserves high damages despite ignoring pedestrian crossing rules. Any compensation depends on showing the following:

• Drivers have a reasonable time to see and react to your crossing improperly.

• Their excessive speeding, distraction, or impairment make avoidance impossible.  

• Hazardous road conditions like ice or poor lighting should have prompted extra driver caution.

Pedestrian accident lawyers generally have better prospects negotiating sizable settlements for injured clients struck inside crosswalks with right-of-way over vehicles.  

4. I Suffered Severe Injuries When Hit By An Uninsured Or Hit-And-Run Driver. What Financial Help Is Available?  

Uninsured and untraced drivers, unfortunately, cause many Virginia pedestrian incidents. Two options are providing some possible financial relief if you lack the driver or owner's contact details to claim damages directly:

• File a claim with your auto insurance provider (if policies were active on accident dates) under the Uninsured/Underinsured Motorist Bodily Injury Coverage. There would still be proof of driver negligence causing crashes, but potentially less than suing them directly.

• For low-income uninsured victims, apply to the Virginia Victims Fund. It offers limited state-funded compensation when qualifying crimes involving injury or death occur due to driver recklessness or DUI. But payouts depend on fund availability and only cover losses such as medical care, lost wages, or funeral bills.

A Virginia personal injury attorney can guide victims in exploring both options and determine feasible legal action against unknown motorists.

5. What Damages Are Claimable By An Injured Pedestrian?  

Virginia personal injury laws allow diverse damages with documentation supporting the losses or effects on quality of life. Compensable categories often include:

• Ambulance/emergency transport bills

• Imaging tests like X-rays/MRIs  

• Medical devices or prescriptions   

• Rehabilitation facility stays

• Home health aides 

• Long-term care like wheelchairs or house modifications for permanent disabilities          

• Psychological therapy     

• All medical expenses from pre-existing conditions exacerbated by crashes  

• Lost income and reduced future earning capacity  

• Pain and suffering  

• Loss of enjoyment/abilities in life activities formerly possible  

• If pedestrians die from injuries, close family members can claim wrongful death damages like funeral costs and loss of their emotional support/companionship. 

Skilled injury lawyers total all current and foreseeable accident costs to seek recovery through insurance claims or in court.

Work With A Pedestrian Accident Attorney    

Pedestrians have legal rights to safety on Virginia’s roads, which drivers must respect. But walkers also share the responsibility to exercise caution near intersections and crosswalks. Understanding laws and following innovative practices helps prevent accidents and fatalities, which devastate families and communities every year. If struck by a vehicle, promptly seek medical attention and legal counsel. Experienced personal injury attorneys establish proper fault, document harms suffered, and pursue the fair compensation you deserve from those failing duties to pedestrians. 

Altizer Law has navigated multiple personal injury claims throughout the years and helped our clients win their settlements. Call our team of experienced and results-driven personal injury lawyers today at 540.345.2000 for your free consultation.