Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Pedestrian Struck Inside Crosswalk.For more information on pedestrian accidents see the pages on Wikipedia.  

Pedestrian Struck Inside Crosswalk-Statutes

See Va. Code § 46.2-100 for definition of crosswalk.

Pedestrian Struck Inside Crosswalk-Cases

1981 Basilotta v. Barker, 222 Va. 683, 283 S.E.2d 220.

Whether pedestrian struck at or near regular street crossing is guilty of contributory negligence is almost invariably jury issue.

1981 McManama v. Wilhelm, 222 Va. 335, 281 S.E.2d 813.

Pedestrian must exercise reasonable care for his own safety. He cannot arbitrarily assert his right-of-way by crossing in face of traffic dangerously close even though he may be crossing in crosswalk.

1977 Floyd v. Nunn, 217 Va. 834, 232 S.E.2d 813.

Pedestrian struck, crossing in crosswalk by left turning vehicle. Error to grant instruction giving right-of-way to such pedestrian. Intersection controlled by traffic signals.

1976 Whitting v. Doxey, 217 Va. 482, 230 S.E.2d 251.

Where evidence in conflict as to whether or not plaintiff crossing in crosswalk was for jury to determine.

1966 Phillips v. Stewart, 207 Va. 214, 148 S.E.2d 784.

Plaintiff struck in clearly marked crosswalk and had right-of-way; nevertheless, he had no right to walk in front of traffic dangerously close to him. Since he saw defendant’s car slow down, while some distance away, he justifiably thought it was going to stop and was under no duty to keep it under continuous watch. Plaintiff not guilty of contributory negligence as matter of law.

1964 Eisenhower v. Jeter, 205 Va. 159, 135 S.E.2d 786.

Plaintiff allegedly struck in crosswalk. Jury issue presented.

1957 Burks v, Webb, 199 Va. 296, 99 S.E.2d 629.

Plaintiff’s decedent was crossing street when struck; evidence was conflicting as to whether plaintiff in crosswalk, but court found that more reasonable approach was that he was in crosswalk. If he was in crosswalk, then he had legal right to assume that defendant would yield.

1955 Marshall v. Shaw, 196 Va. 678, 85 S.E.2d 223.

At uncontrolled intersection pedestrian has superior right and drivers must yield right-of-way. Pedestrian’s right-of-way extends from one side of street to other.

1952 Danner v. Cunningham, 194 Va. 142, 72 S.E.2d 354.

Question of whether pedestrian struck at or near regular street crossing is guilty of contributory negligence is almost invariably one for jury.

1952 Pointer v. Green, 193 Va. 757, 71 S.E.2d 155.

Plaintiff struck inside crosswalk clearly marked during daytime. Defendant stated he saw her in intersection but he thought she would stop before moving out in front of his vehicle despite fact that he admitted she was looking away from him. Under circumstances, it was his duty to yield her right-of-way.

1948 Stark v. Hubbard, 187 Va. 820, 48 S.E.2d 216.

Pedestrian crossing street is under duty to look to right when he reaches middle of highway.

1945 Bethea v. VEPCO, 183 Va. 873, 33 S.E.2d 651.

If pedestrian struck inside crosswalk, then he has right to assume that approaching motorist will give him right-of-way.