Brien Roche
Pedestrian accident claims involve serious injuries. If you or a family member have been injured in a pedestrian accident contact us.
There are state and local laws that govern how and where people on foot may cross the street. If there is no sidewalk then people on foot may be allowed to walk on the hard surface of the road. However they must stay to the left. Further drivers must change course in order to avoid contact with a pedestrian. Also a pedestrian in a clearly marked crosswalk is entitled to cross safely.
Every year thousands of people on foot are killed in auto crashes. Prompt and thorough investigation of these claims is a must. Once the facts are gathered and the law reviewed then a plan of action must be set. Most pedestrian crashes involve some witnesses. Therefore you must locate and interview these witnesses. In other words if you or a loved one has been involved in a pedestrian accident you need to move quickly to protect your rights.
Pedestrians who are struck in a crosswalk or at an intersection have special protection. However pedestrian crashes that occur outside of an intersection or crosswalk can be tough cases. They still may be viable claims. However this depends on the facts. Crossing in between intersections or outside of a crosswalk may be allowed in some cases. As a result the facts of your case must be fully explored.
In Virginia in 2012 100 pedestrians were killed. In addition another 1862 pedestrians were injured. Pedestrian injury cases require a prompt inspection. Google Maps may give you an overview of the scene. Also you must visit the scene with your client. Photos of the area from all angles are a must. In addition measure the roadway and the distance from all pertinent structures. Having your client with you for this is a must. In addition the inspection should take place on the same day of week and time as the crash. Call, or contact us for a free consult.
Many Virginia statutes may apply. Virginia Code § 46.2-923 says that pedestrians “…shall cross, whenever possible, only at intersections or marked crosswalks.” That statute is pretty clear. If the pedestrian crosses in between intersections that contain marked crosswalks, I would say that probably is pretty good evidence of the fact that the plaintiff was guilty of fault. The statute goes on to say that where the intersection does not have a marked crosswalk and the pedestrian crosses at that intersection, then that is not negligence as a matter of law for crossing at such intersection. Likewise if the pedestrian crosses in between intersections which do not have marked crosswalks, then the pedestrian has to cross by the most direct route. If the pedestrian does that, then the pedestrian is not guilty of fault as a matter of law.
Virginia Code § 46.2-924.B to some extent further explains this and says that a pedestrian crossing at an intersection has the right of way over a vehicle making a turn into the highway that the pedestrian is crossing. Code § 46.2-924.A says that a vehicle shall yield to a pedestrian who is crossing at a regular pedestrian crossing that is included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block. In addition the driver shall yield at any intersection where the speed limit is not over 35 mph.
The Virginia Model Jury Instruction No. 14.000 also says that a pedestrian who is crossing a street has the duty to step from his course of travel into a place of safety if it reasonably appears to him that he is in danger of being struck by a motor vehicle that is approaching.
Beginning July 1, 2020, contributory negligence will no longer be a bar to pedestrian cases. That is, if the pedestrian is involved in a crash with a motor vehicle, fault on the part of the pedestrian is not a bar. The fault of the pedestrian is compared. That is, if the fault of the pedestrian is greater than the total negligence of the defendant’s then there may be a bar. This new law goes into effect on July 1, 2020.
The case law on pedestrian injury cases is varied. However some general principles that stand out are:
Walking has been heavily promoted as a way to reduce health risks, obesity and greenhouse gases. Four of the heavily populated states accounted for 43% of pedestrian deaths. Delaware and Florida have the highest per capita pedestrian death rate.
The six factors that appear to be most related to pedestrian deaths are:
Some safety measures to protect people on foot are pedestrian safety islands and longer pedestrian signal timing. More visible crosswalks may also help. Also better education on pedestrian safety is needed. Pedestrian rights and safety must be focused on with young or inexperienced drivers. Without this, pedestrian crashes will continue to rise. Call, or contact us for a free consult.
The city council in the District of Columbia has passed laws giving greater protection to certain people. The law applies to pedestrians, bike riders and other persons using a vehicle without a motor on the public highway. The protection comes in the form of replacing the contributory negligence standard. The new standard is comparative negligence.
The language in the statute is that the fault of the plaintiff does not bar the claim where such fault is a cause of the injury. However the caveat is that the plaintiff’s fault must not be more than 50%.
Call, or contact us for a free consult. For more information on pedestrian accidents see the page on Wikipedia dealing with pedestrians.
© 2020 Brien Roche Law
