Pedestrians do not always have the right of way in Virginia. Code § 46.2-924 affords protections to pedestrians, but also enforces specific rules when crosswalks and sidewalks are present. Pedestrians are required by law to use sidewalks and crosswalks instead of roadways when they are available.
The only time when pedestrians are permitted to walk on roads or highways is in the absence of sidewalks. In this situation, pedestrians must remain on the left side of the highway, walking in the direction of oncoming traffic, or on either shoulder if there is sufficient space.
Pedestrians always have the right of way on Virginia sidewalks. If a motorist loses control and strikes a person on foot while they are using a sidewalk, legal action may be warranted. Always consult with a personal injury lawyer after a pedestrian and vehicle collision.
Drivers must stop for pedestrians on crosswalks
Drivers must yield to pedestrians who are using any crosswalk, whether at mid-block or the end of any block. This means that motorists must come to a full stop for all pedestrians in both marked and unmarked crosswalks until they have finished clearing the lane. Pedestrians have the right of way on crosswalks but are expected to follow the “walk” and “don’t walk” signals when present.
Code § 46.2-924 also states that “the drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary, to permit pedestrians to cross such intersections safely and expeditiously. Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.”
Pedestrians should also exercise caution
Virginia law prohibits pedestrians from interfering with the orderly passage of vehicles. Pedestrians must be alert, pay attention, and should not cross an intersection without regard to oncoming traffic.
The law also states that pedestrians cannot enter a highway open to vehicular traffic where they cannot be seen. If a driver’s vision of a pedestrian is obscured, and they strike a pedestrian who steps into the road at an unmarked location, the driver would have the right of way.
Contact us at Rutter Mills for a free consultation
Pedestrian safety has become an increasing concern in Virginia, where hundreds of accidents occur yearly. When traffic laws are violated, injury victims have the right to pursue legal compensation against negligent parties. At Rutter Mills, our personal injury attorneys will discuss your legal options during a free, no-obligation consultation.
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