Determining fault in pedestrian accidents isn’t always straightforward. While drivers are often assumed to be responsible, there are cases where pedestrians can be held liable for causing or contributing to an accident. A pedestrian accident lawyer in Virginia will help you understand how state law determines fault in these cases, which is crucial when pursuing a claim.
At Tronfeld West & Durrett, our experienced team can assess the details of your accident, determine legal responsibility, and help build a strong compensation case. In this article, we’ll explore common scenarios where pedestrians may be at fault and the legal options available for accident victims.
How Virginia Law Determines Fault in Pedestrian Accidents
One of the most critical factors in pedestrian accident cases is Virginia’s contributory negligence rule, which bars recovery if a victim is found even slightly at fault. We’ll go into more detail on this topic later.
Additionally, Virginia’s right-of-way laws dictate when pedestrians have legal protection. While drivers must yield at marked crosswalks, pedestrians aren’t automatically considered victims in every accident. For example, stepping into traffic without warning, ignoring pedestrian signals, or crossing against a light can shift liability.
Since Virginia’s contributory negligence rule can completely bar recovery, having legal representation is crucial to proving liability and protecting your right to compensation. A pedestrian accident lawyer from Tronfeld West & Durrett can assess the accident’s circumstances, gather evidence, and build a strong case to challenge unfair fault claims.
For answers to your questions, call:
800-321-6741
Common Situations Where Pedestrians May Be at Fault
In 2023, Virginia recorded 1,699 pedestrian accidents, resulting in 492 serious injuries and 133 fatalities. While many incidents involve driver negligence, some occur because pedestrians fail to follow traffic laws.
For example, Virginia Code § 46.2-924 requires drivers to stop for pedestrians in marked crosswalks but also imposes responsibilities on pedestrians to cross safely. Violating these rules can contribute to liability, and include the following situations:
Jaywalking and Crossing Outside of Designated Areas
Pedestrians who cross outside a designated crosswalk or against traffic signals risk being held responsible if an accident occurs. Ignoring pedestrian signals or failing to yield at intersections can legally shift liability to the pedestrian.
Walking While Distracted (Phones, Headphones, etc.)
Texting, talking on the phone, or using headphones while walking often prevent pedestrians from noticing approaching vehicles. If distraction contributes to an accident, Virginia’s contributory negligence rule may prevent a pedestrian from recovering damages.
Walking Under the Influence (DUI/DWI for Pedestrians)
Intoxicated pedestrians pose a risk to themselves and drivers, as alcohol and drug impairment lead to poor judgment, slow reaction times, and unsafe road crossings. In such cases, the law may offer pedestrians fewer protections, potentially shifting liability if their actions contribute to an accident.
Running Into Traffic or Ignoring Traffic Signals
If a pedestrian suddenly steps into the road without giving a driver enough time to react, they may be found at fault. Road conditions, speed limits, and driver reaction time all play a role in determining liability in these situations.
Factors That Influence Liability in Pedestrian Accidents
The Driver’s Role in the Accident
Even if a pedestrian is negligent, drivers are still responsible for exercising caution. If a driver fails to yield at a crosswalk, speeds through an intersection, or is distracted, they may be partially or fully responsible for the crash.
The Role of Surveillance and Witness Testimony
Surveillance footage and witness testimony provide critical evidence in pedestrian accident cases, helping determine who had the right-of-way and whether traffic laws were followed.
Additionally, police reports document officer observations, statements from involved parties, and any citations issued at the scene. They constitute another key piece of evidence to determine liability.
Road Conditions and Visibility Issues
Environmental factors like poor lighting, heavy rain, fog, or obstructed views can make it harder for pedestrians and drivers to see and react in time.
If a driver fails to adjust speed or use headlights in low-visibility conditions, they may be held responsible. Additionally, sometimes local municipalities could share fault if poor road design or malfunctioning traffic signals contributed to unsafe conditions.
Click to contact us today
Can a Pedestrian Still Recover Compensation if They Are at Fault?
In Virginia, a pedestrian cannot recover compensation if they are even 1% at fault, due to the state’s strict contributory negligence rule.
This means that if a pedestrian’s actions (including jaywalking, crossing against traffic signals, or stepping into traffic) contributed to the accident in any way, they may be barred from pursuing compensation.
In these cases, insurance companies may wrongfully blame the pedestrian to avoid paying a claim. A lawyer from Tronfeld West & Durrett can analyze traffic footage, witness statements, and police reports to challenge unfair fault determinations and argue the driver’s negligence was the primary cause of the accident.
Complete a Free Case Evaluation form now
Steps to Take After a Pedestrian-Car Accident in Virginia
Regardless of whether you’re a pedestrian or a driver, taking the right actions after an accident is essential for building a strong case. Follow these steps:
- Seek medical attention: A medical evaluation documents your injuries and links them to the accident, strengthening your claim.
- Report the accident to law enforcement: A police report creates an official record and can help establish who was at fault.
- Gather evidence: If possible, take photos of the accident scene, including traffic signals, crosswalks, vehicle damage, and any visible injuries.
- Collect witness contact information: Statements from bystanders provide crucial testimony to support your version of events.
- Avoid discussing fault: Stick to the facts when speaking with the police or insurance companies, as your words could be used against you in a legal claim.
- Consult a lawyer: An attorney from Tronfeld West & Durrett will explain your legal options and work to secure compensation for your injuries.
Contact Tronfeld West & Durrett for Legal Guidance
After being injured in a crash, don’t wait to seek legal advice. A pedestrian accident lawyer in Virginia can evaluate your case, determine liability, and help protect your right to compensation.
At Tronfeld West & Durrett, we have the necessary knowledge and resources to handle even the most complex claims. With over 50 years of experience in Virginia and a proven track record of securing substantial verdicts and settlements, our legal team has what it takes to pursue the highest possible compensation on your behalf.
Plus, we don’t charge you anything unless we win your case. Contact us today for a free consultation to discuss your legal options.
Call or text 800-321-6741 or complete a Free Case Evaluation form