In Virginia, does a pedestrian have the right-of-way if he or she is crossing the street at an intersection where the sidewalk ends at the end of the block but there is no clearly marked crosswalk?

Pedestrian Personal Injury

The below information was written by our personal injury lawyers in Virginia Beach.

Maybe. According to the Virginia Code, traffic must yield the right-of-way to a pedestrian crossing the road at “any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block.” However, the Virginia Code prohibits a pedestrian from crossing an intersection in disregard of approaching traffic, and the Virginia Supreme Court has written that a pedestrian has the duty to maintain a proper lookout for cars and other conditions in the roadway. Click here to learn about the rights and duties of pedestrians when crossing an intersection in a crosswalk with a “walk” signal.

The Virginia Supreme Court has written that the purpose of the Virginia Code section that gives a pedestrian the right-of-way when crossing at “any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block” is “to afford pedestrians crossing at an intersection at the end of a city block a right-of-way over vehicular traffic and to that extent give them some degree of protection from its dangers.” However, as mentioned above, the right-of-way afforded to such pedestrians is subject to the qualification that the pedestrian has the duties to maintain a proper lookout and to not cross at an intersection in disregard of approaching traffic, and if the pedestrian violates either of those duties, he or she could have his or her personal injury claim arising out of a car accident at such an intersection barred by the doctrine of contributory negligence. Click here to learn more about the application of the contributory negligence doctrine in Virginia.

Questions regarding the rights and duties of pedestrians as well as the doctrine of contributory negligence are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.   We can assess whether a pedestrian injured in a car accident had the right-of-way and whether the potential defendant in a personal injury lawsuit arising out of the car accident in question has a legitimate basis for making a contributory negligence defense. As in all personal injury cases, experienced personal injury lawyers can also advise the injured person as to the value of the personal injury claim, can guide the injured person through the process of making an injury claim with the applicable insurance company or companies, and can represent the injured person in the litigation of the personal injury claim, if a personal injury lawsuit becomes necessary.

Waiting can hurt your case. To find out how our personal injury lawyers in Virginia Beach can help you, please contact us at (757) 486-2700.

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