“Fault” in Car Accidents with Pedestrians
The Virginia Model Jury Instructions is a collection of guidelines and worked examples that juries in Virginia can follow during criminal or civil courts. The Virginia Model Jury Instructions for civil cases outline several rules for pedestrians at crosswalks.
For instance, it explains that “a pedestrian has the right-of-way when crossing a highway or street within any clearly marked crosswalk or at any regular pedestrian crossing at the end of a block or by the most direct route at any intersection where the maximum speed limit is not more than 35 miles per hour.” Further, when the pedestrian is crossing with the right of way, incoming drivers are required to completely stop or yield. If a driver fails to yield or strikes a pedestrian, they are negligent according to Virginia law.
Pedestrians do not always have the right of way. Namely, “a pedestrian has a duty not to start to cross a highway street in the direction of a “Don’t Walk” signal, and a duty, if he partially completed crossing on a “Walk” signal, to proceed to a sidewalk safety island while the “Don’t Walk” signal is showing. If a pedestrian fails to perform either duty, then they are negligent.” During the Don’t Walk signal, drivers have the right-of-way instead and expect to proceed along the road.
“Jaywalking” is the unlawful act of crossing the street away from a designated crosswalk for pedestrians or crossing the street without regard for oncoming traffic. While pedestrians will not be arrested or fined for jaywalking in Virginia, they do not have the right of way when crossing the road. Further, if they were to be hit by an oncoming car, this would negatively impact their argument in a personal injury suit against the driver if the pedestrian chose to seek recovery. Pedestrians should try their best to only cross the street at intersections or marked crosswalks. More information about how and where pedestrians can cross highways can be found here.
When a Pedestrian is Hit by a Car
Several factors are involved when determining fault in car accidents with pedestrians. Pedestrians arguably receive more severe bodily injuries and/or property damage in car collisions. However, car drivers are not always at fault after colliding with a pedestrian. For instance, a pedestrian would have contributed to an accident and thus shared fault if they crossed the street during a “Don’t Walk” electronic signal, crossed the street while distracted with a device, or while under the influence of drugs or alcohol. Certain locations where neither drivers nor pedestrians have the explicit right-of-way, such as in parking lots, often require a plethora of evidence and witness testimony to prove negligence and fault for a collision.
Contributory Negligence and Last Clear Chance Doctrine
Virginia employs a strict contributory negligence doctrine in personal injury cases. This doctrine states that any party that contributed to at least 1% of the accident is at fault. Thus, a pedestrian may be unable to recover any financial compensation for damages after being hit by a car if they contributed to the accident.
Even if a plaintiff contributed to an accident, the last clear chance doctrine may help them earn recovery. According to the Virginia Court’s model jury instructions, the last clear chance doctrine can be employed if there is sufficient evidence of the following:
The plaintiff negligently placed himself in a situation of peril from which he was physically unable to remove himself; and
The defendant saw, or should have seen, the plaintiff and realized, or should have realized, his peril; and
Thereafter, the defendant could have avoided the accident by using ordinary care.
For example, a biker crossed a crosswalk during the “Don’t Walk” signal while a driver had the right-of-way to proceed along the road toward the biker. If the driver and biker crashed, the biker could be deemed at fault due to the contributory negligence doctrine since they had crossed the street without the right of way. However, if the driver had the last clear chance to avoid hitting the biker, such as by yielding or slowing down to allow the biker to pass, the biker will not be considered liable for the accident and may be eligible to receive compensation.
Rules for Drivers and Pedestrians at Intersections
According to the Code of Virginia section 46.2-924, drivers must yield or fully stop for pedestrians at clearly marked crosswalks, regular pedestrian crossing, or at any intersection when the driver is approaching a highway where the speed limit is 35 mph or less because pedestrians have the right-of-way.
Pedestrians always have the right-of-way when crossing highways at designated intersections over any drivers turning to enter the highway.
When approaching a crosswalk that crosses a path that is shared by pedestrians, cyclists, and drivers, pedestrians should come to a complete stop before proceeding along the crosswalk. Some ordinances in Virginia issue a fine of no more than $100 to pedestrians who are in violation.
When a vehicle has stopped for a pedestrian crossing the street, a driver from behind or from another lane is not permitted to overtake or pass the stopped vehicle. This could put the pedestrian in danger of collision.
Drivers and pedestrians alike must yield and follow directions from law-enforcement officers or traffic control devices that regulate intersections or crosswalks; they are prohibited from entering or crossing an intersection in disregard of a law enforcement officer’s directions.
