When you’re walking in Hampton Roads, the last thing you expect is to be injured in car accident. Unfortunately, pedestrian crashes happen more than you may think. These types of accidents occur mostly in metropolitan and densely populated areas, but winding rural roads and poor visibility also pose risks to walkers.
If you or a loved one were injured in a pedestrian crash, Cooper Hurley Injury Lawyers is ready to help. We understand the common causes of pedestrian accidents in Virginia and use this knowledge to determine fault and claim the compensation you need to move forward. Contact us to learn more about your rights and how we can assist.
What Are the Most Common Pedestrian Accident Causes?
Distracted Driving
With increased cell phone and social media use, driver inattention is one of the leading causes of traffic crashes in Virginia. Distracted driving happens when a driver takes their eyes off the road or their hands off the wheel. Examples of common driving distractions include:
- Texting or scrolling through a smartphone
- Talking on the phone or to passengers in the vehicle
- Adjusting vehicle controls, such as navigation or volume settings
- Personal grooming, including makeup application or brushing hair
- Eating or drinking while behind the wheel
- Reaching for something inside the vehicle
- Daydreaming or allowing the mind to wander while driving
If drivers take their focus off operating the vehicle, even for a few seconds, they could miss pedestrians crossing the road, entering crosswalks, or stepping in front of an alleyway, driveway, or parking lot exit.
Speeding and Aggressive Driving
Driving above the speed limit and other aggressive driving behaviors can increase the risk of pedestrian crashes. Speeding, swerving in and out of lanes, and tailgating make it difficult for drivers to assess road hazards, slow down for pedestrians, or make necessary maneuvers to avoid pedestrians.
Failure to Yield to Pedestrians
Under Virginia law, drivers are required to yield to pedestrians crossing the road, at crosswalks or intersections of roadways w/ speed limits of 35mph or less. Also, drivers cannot pass cars that are already stopped for pedestrians. These rules are in place to protect pedestrians and prevent accidents that may result in serious injuries or fatalities.
Impaired Driving
Driving under the influence (DUI) can have serious consequences for everyone on the road, including pedestrians. When a driver’s blood alcohol content is above the legal limit of .08 percent, it causes various effects that make it difficult to control a motor vehicle, including:
- Slower reaction time
- Impaired judgment
- Blurry or double vision
- Reduced ability to distinguish colors
Many drugs, both illegal and prescription, can have similar effects to alcohol, making it unsafe to get behind the wheel. Making the choice to drive while drugged and causing a pedestrian crash could make a driver liable for resulting injuries and damages.
Poor Visibility and Weather Conditions
Poor lighting, heavy fog, coastal winds, and flooding in Hampton Roads can reduce visibility and create hazardous road conditions, increasing the risk of pedestrian crashes. If drivers fail to take these conditions into consideration while behind the wheel, they may be responsible for accidents they cause.
Intersection and Turning Errors
Drivers who fail to yield the right of way at intersections or when making turns can cause confusion for pedestrians. While people walking may think they’re in the clear to cross, drivers can make serious errors that lead to pedestrian crashes and injuries.
Why Are Pedestrian Accidents So Common?
Why Does Fault Matter in Virginia Pedestrian Accidents?
While most other states have moved to a modified comparative negligence system, which allows victims to recover some compensation if they are partially at fault, Virginia’s contributory negligence rule completely bars recovery if the victim shares any fault for what happened. In other words, even if you are only 1% at fault for the pedestrian accident, you cannot receive compensation for your medical bills, lost wages, and other losses.
Insurance companies may use unfair tactics to shift the blame to you and avoid paying the compensation you deserve. Our attorneys have extensive experience taking on powerful insurance companies and protecting our clients from mistreatment. We use our knowledge and resources to gather evidence, determine fault, and fight for the compensation you are owed.
How Can Pedestrian Accidents Be Prevented?
Preventing pedestrian accidents requires a shared commitment to better visibility, greater risk awareness, and improved infrastructure.
For Pedestrians
If you regularly walk in your community, here are tips to protect yourself:
- Always use designated crosswalks and move predictably.
- If sidewalks are unavailable, walk facing traffic.
- Maintain high visibility by wearing reflective gear at night and making eye contact with drivers before crossing.
- Stay alert by avoiding phone use and excessively loud headphones.
For Drivers
Drivers play a crucial role in preventing pedestrian crashes. By practicing safe driving habits and staying alert, many accidents may be avoided. Here’s how drivers can help:
- Put your cell phone away while driving to avoid texting or using social media.
- Reduce speed, especially in school zones and residential areas.
- Do not drink or use drugs before getting behind the wheel of a vehicle.
- Always yield to walkers and never pass a vehicle stopped at a crosswalk. They may be blocking a pedestrian from your view.
For Municipalities
- Speed humps
- Improved street lighting
