On Thursday, June 22nd, Virginia State Police responded to the scene of a fatal pedestrian accident in the westbound lanes of Interstate 64 near milepost 251 in Newport News. According to sources, the incident occurred at about 10:15 p.m.
Do Virginia drivers owe all pedestrians a duty of care?
An initial investigation revealed that a 70-year-old man, identified as Henry Lloyd Appleby, was driving a 2012 Honda Pilot. For reasons still under investigation, he pulled off the lefthand side of the interstate and exited his vehicle. He then walked to the other side and was standing by the rear passenger area of the trailer he was towing.
Police said it was at that moment that a 2023 Hyundai Elantra, driven by Nathan Webb Marquis, 21, also driving in the lefthand lane hit both Appleby and his trailer. The impact caused the Elantra to roll over multiple times before finally coming to an uncontrolled stop.
Emergency responders transported Appleby to an area hospital where he passed away due to the severity of his injuries.
Marquis and his passenger were also taken to a local medical facility in serious but non-life-threatening conditions.
Police said they have ruled out alcohol and speed as contributing factors.
If you sustained injuries or lost a member of your family in a pedestrian accident in Virginia, contact the Virginia pedestrian accident attorneys at Shapiro, Washburn & Sharp to schedule your free, no-obligation case review right away.
Pedestrian Laws in Virginia
In Virginia, there are specific sets of regulations that apply to pedestrians using sidewalks, crosswalks, highways, and roadways. These include:
- On all sidewalks, pedestrians have the right of way and must use them if they are available. In areas without sidewalks, pedestrians must keep to the far lefthand side of the street and walk against traffic.
- When crossing a highway, pedestrians are required to only cross at a marked crosswalk or intersection wherever possible. Pedestrians are prohibited from interfering with passing traffic.
- If control signals are present, such as DON’T WALK and WALK signals, pedestrians are required to obey them.
- Pedestrians may not enter a roadway from in between intersections or anywhere where they are not able to be clearly seen by a driver.
- Pedestrians are prohibited from standing in any roadway to request a ride.
In Virginia, both drivers and pedestrians have a duty to keep the roadways safe for everyone who uses them.
Duty of Care Owed to Pedestrians
Virginia drivers have a duty of care to everyone on the roadway, including pedestrians. A driver’s duty of care is based on the actions that a reasonable driver would take under the same or similar circumstances. In order to operate a motor vehicle with reasonable care, drivers should always obey the rules of the road and refrain from engaging in negligent behavior. Taking reasonable care behind the wheel involves many different things, such as:
- Not operating a vehicle while under the influence
- Not operating a vehicle while distracted (texting while driving is against the law in Virginia)
- Obeying all road signs and traffic lights
- Yielding to pedestrians in intersections and crosswalks
- Alter driving practices to accommodate inclement weather and low visibility conditions
Virginia motorists have a duty of care to drive safely and reasonably at all times to ensure the safety and well-being of those around them.
Do You Need a Virginia Pedestrian Accident Lawyer?
A qualified Virginia pedestrian accident lawyer can answer any questions you have about your accident, make sure you know your rights, and help you secure full and fair compensation for your damages.
If you were injured in a pedestrian accident, reach out to a Virginia personal injury attorney from Shapiro, Washburn & Sharp. You can call our law offices at (833) 997-1774 and schedule your free consultation today.
- What Are Common Causes of Pedestrian Accidents and How Can They Be Prevented?
- Why Do Pedestrian Accident Deaths Continue to Increase Each Year?
- Pedestrian Hit by Vehicle – Understand Your Rights
- Virginia Car Accident Guide