The Legal Rights of Pedestrians: Insights From Pedestrian Accident Lawyers

Virginia is a beautiful state with numerous natural vistas. If you want to fully enjoy the beauty of Virginia, walking around is one of the best ways to fully take in the epic landscapes.

Unfortunately, the state also has many roads that interfere with a leisurely walk and can result in an accident. If you suffer an injury in a pedestrian accident, a pedestrian accident lawyer can help you get the compensation you need to recover.

What Rights Do Pedestrians Have?

Pedestrians have several rights in Virginia. One of the most important rights has to do with crossing roads.

In many situations, drivers of vehicles are required to yield the right-of-way to a pedestrian crossing the road. A driver must yield when a pedestrian:

• Enters a clearly marked crosswalk
• Is using any regular pedestrian crossing (like a sidewalk at the entrance to a parking lot)
• Crosses at an intersection without a marked crosswalk on any road where the speed limit is 35 miles per hour or less

Pedestrians are also permitted to cross at other locations as long as they are taking the most direct route, the entryway isn’t hidden from drivers’ views, and they are not interfering with traffic. While pedestrians aren’t required to use crosswalks or cross at intersections, their rights are better protected when they do.

Pedestrian Restrictions

These rights also come with some restrictions. For example, when you cross an intersection with a “Walk/Don’t Walk” sign, you are required to obey the sign, only starting to cross while it says “Walk.”

Additionally, pedestrians are required to use sidewalks whenever the option is available and safe for use.

If there is no sidewalk, it isn’t safe, or it is unavailable, pedestrians may walk on the shoulder or the hard surface of the road. When walking on the hard surface of the road, they are required to stay as far left as possible (which means walking against the flow of traffic).

Common Causes of Pedestrian Accidents

Pedestrian accidents typically occur when a driver, the pedestrian, or both parties are negligent. This means that one or more parties violated the rules of the road, resulting in an accident between a pedestrian and a vehicle.

When a pedestrian is responsible for an accident, it is usually because they crossed a road unsafely. Typically, this involves crossing against a light at an intersection or in the middle of the road without watching for oncoming vehicles.

Pedestrian accidents caused by drivers usually result from:

• Distracted driving
• Failure to give the right-of-way at intersections
• Speeding
• Running a red light or stop sign

If you are hit by a car while obeying pedestrian rules, you should contact a personal injury lawyer at Commonwealth Law Group as soon as possible.

Proving Liability in a Pedestrian Accident Case

Proving liability is challenging in Virginia because of pure contributory negligence rules. If you are even 1% liable for your injury, you can’t receive compensation from the other party. This means that your pedestrian accident attorney needs to definitively prove the other party was responsible.

The best evidence for your case is usually that you were studiously obeying pedestrian laws. If you crossed at an intersection, there may be camera footage of your crossing, or a witness may have observed the accident. Similarly, the same sources may have produced evidence that the other party was violating driving rules.

The Role of a Pedestrian Accident Lawyer

A pedestrian accident lawyer can help in several ways. Typically, the first thing they will do is gather as much evidence as possible. They need enough evidence to convince the insurance company that you were obeying pedestrian regulations and that the driver was negligent.

Your attorneys will handle all interactions with the insurance company throughout the process as well. This means you can focus your attention on recovering rather than dealing with bureaucracy.

If the insurance company refuses to agree to a fair settlement, our legal team will file a lawsuit on your behalf and represent you in court. We never back down from a case until you have received fair compensation for your injuries.

FAQ

Can I File a Lawsuit if a Loved One Was Killed in a Pedestrian Accident?

Yes, you can file a wrongful death lawsuit when a loved one was killed in a pedestrian accident. Typically, if the deceased would have been allowed to file a personal injury lawsuit if they had survived, you can file a wrongful death lawsuit.

Do I Have to Accept a Settlement Offer From an Insurance Company?

No. When the insurance company offers you a settlement, you can accept it, negotiate for a better offer, or refuse and file a lawsuit. Your pedestrian accident lawyer will help you determine which course of action is the best way to get the compensation you need.

What Types of Compensation Can I Get After a Pedestrian Accident?

Typically, you will receive compensation for medical bills, lost wages, pain and suffering, and any other expenses associated with your injury. Your attorney will fully explain what types of compensation you are eligible to get during your free consultation.

Contact an Experienced Pedestrian Accident Attorney in Virginia

Accident victims in Virginia deserve to get fair compensation when they are seriously hurt due to the negligence of another party. If you were seriously injured by a negligent driver in Virginia, Commonwealth Law Group may be able to help you. Contact our law firm today to schedule a free consultation with an experienced lawyer.