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, and the stakes are higher than most people realize. Hampton Roads has seen a troubling rise in pedestrian crashes over the past few years.
At Shapiro, Washburn & Sharp, our Virginia Beach pedestrian accident lawyers have spent decades helping people who were struck while walking, jogging, or crossing the street. A Virginia Beach pedestrian accident lawyer who handles these cases regularly understands how Virginia's right-of-way rules, contributory negligence law, and crosswalk statutes work together, and how to protect a client when the insurance company starts looking for any reason to deny the claim.
What Does Virginia Law Say About Crosswalks?
In general, Virginia law allows you to ride your bike through a crosswalk unless a sign specifically prohibits it.
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, 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.
When Pedestrians Have the Right of Way
Virginia law gives pedestrians the right of way under several specific circumstances, including:
- Crossing in any clearly marked crosswalk
- Crossing at the end of a block by the most direct route at any intersection where the speed limit is 35 mph or lower
- Crossing where there are no traffic control signals when a vehicle is already stopped for them at the crosswalk
Drivers are required to yield. They're also required to come to a complete stop when another vehicle is already stopped at a crosswalk, a rule that catches many drivers off guard. In urban areas with dense pedestrian traffic, like the Virginia Beach Oceanfront, downtown Norfolk, and the resort areas along the boardwalk, this rule matters enormously. Drivers who try to pass a stopped vehicle near a crosswalk frequently hit people they never saw.
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.
That makes Virginia one of the harshest jurisdictions in the country for injured plaintiffs. Most states use some form of comparative negligence, which reduces the recovery by the plaintiff's share of fault but still allows partial compensation. Virginia and only a handful of other places still apply the older contributory negligence rule. It's a major reason why experienced legal representation matters so much in Virginia pedestrian cases. The insurance company will look for any sign of fault on the pedestrian's part to defeat the claim entirely.
How Can a Virginia Beach Pedestrian Accident Lawyer Help?
If you or a loved one was injured in a crosswalk accident, contact us today. We evaluate the specifics of every 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.
Building a strong case often comes down to evidence that gets harder to find as time passes. Surveillance footage from nearby businesses is overwritten. Witnesses move, forget details, or change their stories. Skid marks fade. Vehicles get repaired. The sooner an attorney can start investigating, the better the chances of preserving what's needed to overcome a contributory negligence defense.
Contact a Virginia Beach Pedestrian Accident Lawyer
If you or a loved one was hurt while walking, jogging, or crossing the street, contact an experienced Virginia Beach pedestrian accident lawyer at Shapiro, Washburn & Sharp to find out what options may be available. Our attorneys have helped pedestrian accident victims recover meaningful compensation, including a $545,000 combined settlement we obtained for two clients who suffered broken legs after being struck in a marked crosswalk at the intersection of Atlantic Avenue and 23rd Street at the Virginia Beach Oceanfront.
Contact Shapiro, Washburn & Sharp at 833-997-1774 for a free consultation to discuss your situation. Our firm has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we're proud to serve injured pedestrians and their families across Hampton Roads.
