Pedestrian Accidents in Virginia: What Victims and Families Should Know

Pedestrians have no protection when a vehicle strikes them. No airbag, no seatbelt, no crumple zone stands between a person on foot and the full force of a moving vehicle. The injuries that result from pedestrian crashes are frequently catastrophic — and in Hampton Roads, where busy corridors like Military Highway, Jefferson Avenue, Virginia Beach Boulevard, and Battlefield Boulevard carry fast-moving traffic alongside neighborhoods, shopping centers, and transit stops, these crashes happen with troubling regularity.

Virginia Law and the Rights of Pedestrians

Under Virginia law, pedestrians have specific legal rights on public roads. Drivers are required to yield to pedestrians in marked crosswalks, to exercise due care to avoid colliding with any pedestrian on a roadway, and to give an audible signal when necessary to warn a pedestrian of an approaching vehicle. At intersections where pedestrian signals are present, pedestrians are entitled to cross when the signal indicates it is safe to do so, and drivers making turns must yield accordingly.

When a pedestrian crash occurs, investigators examine the circumstances surrounding the collision to determine how it happened. Depending on the facts, a person injured by another party’s negligence may have legal options under Virginia law.

The Severity of Pedestrian Injuries

The physical consequences of being struck by a vehicle are often severe and long-lasting. Traumatic brain injury is among the most common outcomes, ranging from concussion to permanent cognitive impairment. Spinal cord injuries, broken bones, internal organ damage, severe lacerations, and psychological trauma are all common in pedestrian crashes. Medical treatment, rehabilitation, ongoing care needs, and lost income can create significant financial challenges for injured pedestrians. Depending on the circumstances of the crash, an injured person may have the right to pursue compensation under Virginia law.

In fatal pedestrian crashes, surviving family members may have legal options under Virginia’s wrongful death laws. A wrongful death claim is a civil matter that may allow eligible family members to seek compensation, depending on the specific facts and circumstances of the case.

Virginia’s Contributory Negligence Trap

Virginia’s contributory negligence rule can significantly affect pedestrian accident claims. The specific facts surrounding how a collision occurred may play an important role in determining whether an injured pedestrian can recover compensation under Virginia law.

Preserving evidence after a pedestrian crash can be important. Surveillance footage, witness statements, photographs, and the official police report may all help investigators understand how the collision occurred.

Special Considerations for Vulnerable Pedestrians

Children and older adults often face an increased risk of serious injury in pedestrian crashes. Depending on the circumstances, claims involving minors or older adults may involve additional legal and medical considerations.

If you or a loved one was injured in a pedestrian accident in Virginia Beach, Norfolk, Chesapeake, Hampton, Suffolk, Portsmouth, Newport News, or anywhere in Hampton Roads, Breit Law is here to help. With more than 47 years of trial experience, William Breit has represented pedestrian accident victims and their families throughout Hampton Roads. Contact us today to discuss your situation.

Map of the Hampton Roads region served by Breit Law.