Based on common law in Virginia and in many states, a pedestrian has a right-of-way at a street corner when crossing under circumstances where a car/auto driver has a clear view of the pedestrian. Though the law may protect pedestrians, they remain unprotected against the serious injuries that occur when struck suddenly by cars. When a pedestrian is injured by a car almost everyone thinks that they automatically have a great case, however this isn't always true. The special legal protections of pedestrians in crosswalks are not absolute, there are a number of statutes involved in analyzing any injury case when pedestrians or bicyclists are struck in the crosswalk.
Pedestrians who are hit by cars or trucks obviously have a much higher chance of being seriously injured or killed because they are not protected by the frame of a car or SUV. On the other hand, persons that are crossing highways not at a marked crosswalk sometimes can be guilty of “jay walking” and pedestrians forfeit many of the good legal protections they have when they do not cross at a marked crosswalk or near the street corner. Pedestrians who walk along a road or highway must walk on the left against traffic, not with traffic. Conversely, bicycle riders and moped operators are required to travel with the lane of traffic along the right side of the road.
Our VA personal injury attorneys have represented pedestrians who have suffered serious injuries in a wide variety of pedestrian-car, or truck cases. If we can help you or a family member analyze whether your personal injury was caused by the negligence of a car or truck driver.