When a vehicle strikes a person on foot, many people assume the driver is always responsible. Although drivers carry significant responsibility for safety, pedestrians also have duties under Virginia law. In some situations, a pedestrian’s actions can contribute to a collision or become the main reason it occurs.
If you were injured, the driver’s insurance company may try to shift blame onto you to limit or deny your claim. Understanding how fault is evaluated in pedestrian accidents can help you protect your rights, especially under Virginia’s strict contributory negligence system.
Before speaking with an insurance adjuster, consider getting guidance from a pedestrian accident lawyer. Contact Tysons Trial Law at (703) 888-5535 to discuss your situation and get accurate information about your legal options.
Key Takeaways About Determining Fault in Pedestrian Accidents
- Both drivers and pedestrians have a legal duty to exercise reasonable care and follow traffic laws in Virginia.
- A pedestrian can be found at fault for an accident if their negligent actions, such as jaywalking or crossing against a signal, directly cause the crash.
- Under Virginia’s strict contributory negligence rule, if a pedestrian is found even 1% at fault, they may be barred from receiving any compensation.
Pedestrian Responsibilities Under Virginia Law
While drivers operate a two-ton machine and have a high duty of care, pedestrians are also expected to follow the rules of the road. Virginia law sets out specific duties for people on foot to promote safety for everyone. If these rules aren’t followed, a pedestrian may be assigned some or all of the blame.
Virginia Code § 46.2-923 states that pedestrians must obey traffic signals and use crosswalks where they are available. When a person on foot disregards these rules, they create a dangerous situation.
Pedestrian Behaviors That Can Lead to Fault in an Accident
An insurance company will scrutinize your behavior leading up to the crash to find any reason to deny your claim. They will look for evidence that your actions contributed to the accident.
- Jaywalking: Crossing the street in the middle of a block where there is no marked crosswalk.
- Crossing against the signal: Entering a crosswalk when the “Don’t Walk” sign is flashing.
- Darting into traffic: Suddenly running into the street without giving a driver adequate time to react.
- Walking while distracted or impaired: Not paying attention due to using a phone or being under the influence.
If evidence suggests one of these actions contributed to the crash, it may seriously affect your ability to recover compensation.
A Driver’s Legal Duty to Prevent Pedestrian Collisions
Even if a pedestrian makes a mistake, a driver is not automatically cleared of responsibility. Every driver has a fundamental duty to be aware of their surroundings and to avoid a collision whenever possible.
A driver who is speeding, distracted, or otherwise negligent may still be found at fault, even if the pedestrian was not in a crosswalk. For example, if a pedestrian steps into a road mid-block, but the driver had plenty of time to see them and stop safely, the driver’s failure to do so may be the ultimate cause of the crash.
According to the National Highway Traffic Safety Administration (NHTSA), driver inattention is a leading factor in pedestrian accidents. A pedestrian accident attorney investigates the driver’s actions to determine if they upheld their duty of care.
Common Forms of Driver Negligence in Pedestrian Accidents
A driver’s failure to operate their vehicle with reasonable care can make them liable for an accident, regardless of a pedestrian’s actions. An investigation often reveals that the driver was not paying proper attention to the road.
- Driving while distracted: Using a cell phone, adjusting the stereo, or any other action that takes their focus off the road.
- Speeding: Driving too fast for the conditions, especially in residential areas or near intersections.
- Failing to yield: Not giving the right-of-way to a pedestrian who is legally in a crosswalk.
- Driving under the influence: Operating a vehicle while impaired by alcohol or drugs.
Showing these behaviors can help demonstrate the driver was responsible and counter arguments that you were at fault.
How a Tysons Pedestrian Accident Lawyer Supports Your Case
After a pedestrian crash, you’re in an especially vulnerable position. The driver’s insurance company may contact you immediately, looking for any statement they can use to assign blame to you.
The attorneys at Tysons Trial Law step in to protect you from these tactics. We handle all communications with the insurance adjuster so you can focus on healing.
Our team conducts a thorough investigation into what happened. We gather police reports, interview witnesses, and analyze the scene to establish exactly what happened.
A McLean pedestrian accident lawyer from our firm works to demonstrate the driver’s negligence and counter any unfair attempts to blame you for the collision, fighting to hold the responsible party accountable for your injuries.
FAQs for a Pedestrian Accident Lawyers
Virginia uses a strict contributory negligence system. This means that if you are found to be at fault for the accident in any way, even just 1%, you may be prevented from recovering any compensation from the at-fault driver.
While you have a duty to use a crosswalk if one is available, crossing outside of one does not automatically make you at fault. Drivers still have a duty to see what is in the road ahead of them and avoid a crash.
It is not in your best interest to give a recorded statement to the other party’s insurance adjuster without first consulting with a pedestrian accident lawyer. They are trained to ask questions that may hurt your claim.
Steps to Protect Your Injury Claim After a Pedestrian Accident
Being hit by a car is a traumatic experience, and facing an insurance company that wants to blame you for your own injuries only adds to the stress. You do not have to accept this. The law is more nuanced than adjusters want you to believe, and an experienced attorney can make the difference.
Take the necessary step to protect your rights and your future. Contact Tysons Trial Law to discuss your case with a dedicated legal team. Call us today at (703) 888-5535 for a consultation.