A pedestrian died after being struck by a car in Newport News, Virginia (VA), on the evening of November 9, 2017. The fatal collision happened at the intersection of Warwick Boulevard and Denbigh Boulevard, and police received the call at 5:31 pm.
Investigators released few details about the crash, and news reports did not appear until several days later. What is known is that pedestrian died from his injuries after being transported to the hospital and that the driver stayed at the scene. Multiple television stations identified the deceased pedestrian as 64-year-old John Smith III.
Whether the driver will face charges will depend, in part, on whether she or the man crossing the street had the right of way. The intersection of Warwick and Denbigh is controlled by stoplights in all four directions, and each corner is connected by marked crosswalks. If the driver caused the deadly wreck, she will have violated section 46.2-94 of the Virginia Code, which requires all people operating vehicles to yield to pedestrians
- At any clearly marked crosswalk, whether at mid-block or at the end of any block;
- At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block;
- 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.
When drivers fail to meet those legal duties to share the road with pedestrian, people end up hospitalized and, too often, die. Crash reports compiled by the Virginia Department of Motor Vehicles indicated that 78 pedestrians were killed in traffic accidents across the state during 2015. Another 1,829 pedestrians suffered injuries that year when they were struck by a car, truck or other vehicle.
As Virginia wrongful death attorneys who have helped many victims of crashes in crosswalks, we know that injured victims and the families of deceased pedestrians can face many challenges when trying to prove a driver violated right of way. Insurance company representatives will use many strategies to introduce doubt about who had a green light and exactly where the pedestrian entered the roadway. Hiring a dedicated and caring wrongful death attorney will help the family of the man who lost his life after being hit at Warwick and Denbigh boulevards in Newport News deal with the insurance company as they focus on healing.