The National Center for Health Statistics (NCHS) estimates that 9,188 pedestrians died in traffic or non-traffic incidents in 2022. (Non-traffic incidents occur in driveways, parking lots, or other private property areas.)
The Insurance Institute for Highway Safety (IIHS) notes that deaths from vehicle crashes with pedestrians have increased 83 percent since the low point in 2009 and now account for 18 percent of crash fatalities.
What if you were hit? Your rights differ depending on whether you were in a crosswalk or not at the time of the accident. Our Virginia Beach pedestrian accident lawyers will carefully investigate your case to help you present the strongest argument possible for compensation.
What Is a Crosswalk?
Most pedestrians and motorists are familiar with the striped lines of a marked crosswalk and understand that pedestrians have the right of way in these areas.
Crosswalks are not always clearly marked, however. In many cases, you will notice the trademark white or yellow painted lines, often accompanied by signage or traffic lights. But sometimes, there are no lines, yet a legal crosswalk still exists.
These are referred to as unmarked crosswalks. They are usually found at intersections without marked crosswalks or in areas of the road that don’t have specific pedestrian markings. If there is a sidewalk at one side of the intersection, for example, and that sidewalk continues on the other side of the intersection, the area in between is an unmarked crosswalk, and motorists must yield to pedestrians.
Indeed, you can think of every intersection that’s lacking a marked crosswalk as having an unmarked crosswalk. The imaginary line going from one side of the street to the other and parallel to a through street is where the crosswalk would be.
Who Has the Right Of Way at Crosswalks?
Pedestrians and bicyclists have the right of way at marked and unmarked crosswalks. Drivers have a legal obligation to watch for pedestrians and to exercise caution. If you are struck by a car, truck, or SUV while in a crosswalk, you have a stronger legal claim than if you were crossing outside of designated areas.
In general, vehicles must stop for pedestrians as long as the pedestrians are within the crosswalk area, though there are some exceptions.
When May the Pedestrian Be Liable for an Accident?
A pedestrian may not ignore traffic signals, step out in front of a car, and expect the car to stop. Nor may the pedestrian act in a reckless manner, such as darting out into traffic. Being distracted by a cell phone or being under the influence of drugs or alcohol while crossing the street may also lead to the pedestrian being held liable in an accident.
If you were jaywalking when a vehicle hit you—which means you were crossing outside of a crosswalk or ignoring traffic signals—that can also jeopardize your ability to gain compensation for your injuries.
In the end, it is the responsibility of both drivers and pedestrians to try to avoid an accident.
How Can a Personal Injury Attorney Help?
Navigating the aftermath of an accident can be overwhelming, particularly if your injuries are severe, which they often are in pedestrian accidents. Because pedestrians have no protection, a car weighing thousands of pounds can cause a lot of damage.
Our personal injury attorneys have the expertise needed to help you establish liability in your case. We know how to deal with insurance companies and can negotiate with them on your behalf, ensuring you don’t get shortchanged in your settlement. If your case goes to court, we will be right by your side to increase your odds of getting your desired outcome.
Contact us today for a free initial consultation. We will thoroughly investigate your case and determine the best way to maximize your compensation, as we did for this pedestrian who was hit in a crosswalk at the Virginia Beach Oceanfront. He suffered a broken leg in the accident. We helped negotiate a $227,000 settlement with the auto insurance company involved.
With over 100 years of combined legal experience, we have offices in Virginia Beach, Chesapeake, Portsmouth, Hampton, and Norfolk.
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An experienced personal injury attorney with dual licensure in Virginia and North Carolina, Eric Washburn received a B.B.A. in Finance from James Madison University—initially worked in the information technology field before obtaining his law degree from Thomas M. Cooley Law School in Lansing, Michigan. Once an Assistant Commonwealth’s Attorney in Danville, Va., Eric has been recognized by Super Lawyers Magazine as a “Rising Star” Super Lawyer in Virginia since 2014.
