Pedestrian Accidents in Virginia: Who's Liable When a Driver Hits Someone Crossing the Street?

Pedestrian accidents tend to cause serious injuries — there's no metal frame protecting the person on foot — and liability questions come up almost immediately: was the pedestrian in a crosswalk, did the driver have the right of way, was anyone breaking a traffic law at the moment of impact? In Virginia, how those questions get answered can make or break a claim.

Drivers Generally Owe Pedestrians a Duty of Care

Virginia law requires drivers to exercise reasonable care to avoid hitting pedestrians, and that duty is heightened in specific situations — like marked crosswalks, school zones, and anywhere a pedestrian is visible and has the right of way.

Virginia's Contributory Negligence Rule Applies Here Too

This is the single most important thing to understand about a pedestrian accident claim in Virginia: if the driver's insurance company can show the pedestrian was even slightly at fault — for example, crossing outside a crosswalk or against a signal — it can completely bar recovery, regardless of how much more at fault the driver was. Insurance companies investigate pedestrian claims aggressively precisely because this rule is so favorable to them if they can establish any shared fault.

Common Situations That Raise Liability Questions

• Crosswalk accidents — generally the strongest position for a pedestrian, since drivers are required to yield.
• Mid-block crossings ("jaywalking") — doesn't automatically bar a claim, but it does open the door to a contributory negligence argument.
• Backing-up accidents in parking lots, where drivers often don't see pedestrians behind their vehicle.
• Left-turn accidents, where a driver turning at an intersection fails to yield to a pedestrian who has already started crossing.
• School zone and crosswalk-signal violations, which can strengthen a pedestrian's case if the driver ran a signal or ignored posted speed limits.

What Compensation Can Cover

• Medical expenses — often extensive, given the severity of pedestrian injuries.
• Lost wages and diminished future earning capacity for serious injuries.
• Pain and suffering.
• Long-term care costs, for injuries involving fractures, traumatic brain injury, or spinal damage.

Evidence That Matters Most in These Cases

• Traffic and surveillance camera footage — from nearby businesses, traffic cameras, or doorbell cameras — which can be the difference between a disputed and an undisputed case.
• Police accident reports, including any citations issued to the driver.
• Witness statements, gathered as close to the incident as possible.
• Skid marks, vehicle damage location, and crash reconstruction, when the facts are seriously disputed.

What to Do If You're Hit as a Pedestrian

• Get medical attention immediately, even if you feel okay — adrenaline can mask serious injury.
• Call the police and get an official report.
• Get the driver's information — license, insurance, and vehicle registration.
• Take photos of the scene, your injuries, and anything relevant (crosswalk markings, signal timing, weather).
• Don't discuss fault at the scene or with the driver's insurance company before speaking with an attorney.

Frequently Asked Questions

I wasn't in a crosswalk when I was hit — do I still have a case?
Possibly — Virginia's contributory negligence rule makes it harder, but it doesn't automatically bar a claim. It depends heavily on the specific facts, including whether the driver was speeding, distracted, or otherwise negligent.

What if the driver claims I "came out of nowhere"?
This is one of the most common defenses in pedestrian cases, and it's exactly the kind of dispute that camera footage, witness statements, and crash reconstruction are used to resolve.

Can I recover damages if I was partly distracted, like looking at my phone?
Under Virginia's contributory negligence rule, any degree of fault on the pedestrian's part can be used to try to bar recovery — which is why an early, thorough investigation matters so much in these cases.

How long do I have to file a pedestrian accident claim in Virginia?
Virginia has a statute of limitations for personal injury claims.
Were you or a loved one hit by a car while walking in Virginia? Call Portner & Shure for a free consultation — early evidence in these cases can disappear fast.

Related Resources

• Personal Injury
• Virginia Personal Injury
• Contact Portner & Shure

Talk to an Auto / Personal Injury Attorney at Portner & Shure

Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.