According to a study conducted by the Virginia Department of Transportation (DOT), 8,202 crashes involving pedestrians were reported in Virginia between 2014 and 2018. 53% of these crashes were categorized as Type B Injury Crashes in which pedestrians had minor injuries, and 26% of crashes were Type A Injury Crashes so pedestrians were suspected to have gained serious injuries. While the number of total car crashes increased by 9% in Virginia, pedestrian crashes decreased by 3% over the five years.
Common Causes of Pedestrian Car Accidents
The following are some of the most common causes of car accidents that involve injury or death to pedestrians.
Driving or walking under the influence of drugs, alcohol, or medication.
Distracted driving or walking, such as driving or walking while texting or calling.
Speeding.
Fatigue.
Less than ideal weather conditions, such as rain or snow.
Poor lighting, such as from lack of street lights.
Construction and road work.
Aggressive driving and ignoring traffic signals and signs.
Failure to yield for pedestrians or vehicles with right of way.
Pedestrians can receive a plethora of injuries from car crashes, including neck and back injuries, spinal cord injuries, internal injuries including brain trauma, and more.
Pedestrian Right of Way and New Pedestrian Traffic Laws
The Code of Virginia identifies three particular instances when drivers must yield to oncoming pedestrians. Pedestrians have the right of way at clearly marked crosswalks; at any pedestrian crosswalks, including roads that intersect sidewalks; and at any intersection where a driver approaches on a highway where the speed limit is 35 miles per hour or less.
While drivers often absorb a majority of liability in car accidents, pedestrians will not always have the right of way if they act inappropriately. For instance, pedestrians are prohibited from disobeying crosswalk lights or crossing an intersection without regard for incoming traffic.
After a 2020 traffic bill was passed in Virginia, drivers are required to fully stop for pedestrians at crosswalks and intersections instead of slowing down. Drivers who fail to comply may be fined up to $500.
Another road rule passed in 2020 has allowed prosecutors to charge distracted or irresponsible drivers with more severe charges. Namely, distracted drivers can be charged with a Class 1 misdemeanor, which includes up to 12 months in jail and a fine of no more than $2,500.
The “hands free” driving law in Virginia was similarly developed in 2020. To reduce distracted driving and resulting car accidents, this law prohibits individuals from holding a phone or communication device in their hand while driving a moving motor vehicle on a highway. A driver can be charged with a violation of this law if they are seen holding their device regardless of how or if they were operating it. The first offense for this violation results in a fine of $125, and subsequent violations are punishable with a fine of $250.
Insurance Companies in Pedestrian Traffic Accidents
After a car crash, a pedestrian can file a claim with the insurance of the at-fault driver. The insurance adjuster will investigate to what extent the driver and pedestrian were at fault. Due to Virginia’s contributory negligence doctrine, pedestrians may be unable to recover financial compensation for any injuries or property damage caused by the car accident if they also acted negligently during the accident. For instance, if a driver crossed a road when a crosswalk light indicated to stop, they were partially at fault for causing the accident and thus disqualified from receiving some or all recovery.
Safety Tips for Pedestrians
Pedestrians should complete their due diligence when crossing the street to keep themselves and drivers safe. For instance, pedestrians should be predictable to drivers by following road rules and obeying crosswalk lights and signals. This helps drivers determine when to slow down and stop for pedestrians.
Additionally, pedestrians (and drivers) should avoid distractions such as substances and devices. Drugs and alcohol can alter bodily systems and reaction speed. Thus, pedestrians may be less able to identify threats and move out of the way if they are under the influence. Texting or calling can similarly distract pedestrians and drivers.
Pedestrians should dress in bright, visible, and reflective clothes to help drivers spot them from afar. A blinking light or flashlight can be especially helpful when crossing the road at night.
Pedestrians should walk on the sidewalk whenever possible. Otherwise, they should walk facing traffic on the right-most side of the road, as far from vehicles as possible.
Pedestrians should look out for cars backing up in parking lots and driveways. Drivers cannot always spot pedestrians in their blind spots, particularly small children, when moving backwards.
Before crossing the street, pedestrians should always look left and right multiple times. If they are crossing a street that a driver is waiting to pass through, pedestrians should wait until it is safe to do so, and make a visible signal with their hand or make eye contact with the driver if possible.
