A Norfolk, Virginia (VA), pedestrian died a day after getting struck by a car. The collision occurred at the intersection of Monticello Avenue and E. 26th Street on the night of July 1, 2017, and the man who had been attempting to cross the road passed away in Sentara Norfolk General Hospital.
Police received the call about the crash at around 9:45 pm and found the 56-year-old pedestrian on Monticello Avenue with critical injuries. They determined the driver of the Camaro involved in the wreck had not been speeding or using alcohol, but they kept their investigation open. It is unclear if charges have been filed since news stories about the incident last appeared the day before the Fourth of July.
The intersection where the fatal collision occurred is marked with crosswalks and controlled by stoplights in all directions. These details will factor heavily in the investigation aimed at assigning fault and insurance liability for the deadly crash. Virginia law grants a pedestrian in a crosswalk and crossing with a green light indisputable right of way. Specifically, section 46.2-924 of the Virginia Code states
The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
1. At any clearly marked crosswalk, whether at mid-block or at the end of any block;
2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block … 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.
The AAA Exchange expands on and operationalizes those legal duties in a web article titled “Tips for Pedestrian Safety.” Under the section Practices for Drivers, the publication admonishes “Be Alert” and continues
Look out for pedestrians at all times. When you are operating a vehicle, you have accepted a heightened responsibility for other people on the road. Safety is a two-way street. Often, pedestrians— especially younger ones— are not where they should be or where you would expect them to be. Remain vigilant at all times. … Make sure your lights are on and you use your signals properly. … Be mindful of pedestrians when pulling into and out of driveways – especially if you are backing up. Pedestrians can easily enter your path without your knowledge.
If the driver is found to violated the deceased pedestrian’s right of way or to have acted negligently in disregarding any of the safe driving measures described by the AAA, his family would have strong grounds for filing a wrongful death insurance claim. Consulting with an experienced and caring local Virginia wrongful death attorney will help the family understand and exercise their legal rights to seek compensation and damages.