How Virginia Police Determine Right of Way at Crosswalks

A pedestrian went to the hospital with life-threatening injuries after a pickup truck struck him as he tried to cross the street in Hampton, Virginia (VA). The nearly fatal crash happened at the intersection of Old Buckroe Road and Nickerson Boulevard late on the afternoon of May 18, 2019.

 

 

The pedestrian’s injuries were so severe that police called in the Nightingale medevac helicopter rather than transport him through rush hour traffic. No immediate charges were issued against the driver, however, as the police could not determine exactly how the collision happened without doing a full accident reconstruction.

When determining whether the driver of the pickup truck or the pedestrian had the right of way at the time of the crash on Old Buckroe Road, investigators will primarily apply the rules spelled out in section 46.2-924 of the Virginia Code. That statute specifies that drivers must stop for pedestrians

 

  • At any clearly marked crosswalk,
  • At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block (i.e., at corners), and
  • At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.

 

Drivers must also stop at all red lights and wait for pedestrians to finish crossing before entering an intersection after a red light in their direction turns green or before making a right-hand turn on red.

Since the intersection of Old Buckroe and Nickerson is marked with crosswalks at all corners, controlled by stoplights in all directions, and subject to a 35 mph speed limit, it is likely that the man who suffered life-threatening injuries had the right of way. Violating the pedestrian’s right of way would make the pickup truck driver negligent or reckless, which also make the driver responsible for settling any personal injury claims the pedestrian filed. Insurance liability would also fall on the driver if he were exceeding the speed limit or driving while distracted.

All the evidence Hampton police gather to create the accident reconstruction, as well as the reconstruction itself, can be used by the pedestrian or his family to support insurance claims or to make a case for receiving compensation and damages in a civil lawsuit. Partnering with an experienced and caring Virginia personal injury lawyer will help them access, interpret and present such evidence.

EJL

Eric K. Washburn
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Personal Injury & Wrongful Death Lawyer Serving Va Beach, Norfolk, Chesapeake & all of Virginia
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