In Virginia, a pedestrian does not always have the right of way. There are circumstances when a pedestrian has the right of way, like if they’re in a crosswalk, either at an intersection on a roadway where the miles per hour speed limit is 35 or less. On a sidewalk, the pedestrian always has the right of way, but there are times when a pedestrian doesn’t have the right of way. Jaywalking, crossing against a walk signal or do not walk signal, crossing at a road without a signal on a road where it’s more than 35 miles an hour. So, not everybody knows this. It’s in the law books, but there are many instances where the pedestrian does have the right of way, but many instances where they don’t. And even when the pedestrian has the right of way, they still have a duty for their own safety to be on the lookout. You can’t dart in front of vehicles. You can’t just walk into the roadway without looking. Because if you’re to pursue a personal injury case after a pedestrian accident, the defense, the insurance companies, that other driver is going to always be looking for an opportunity to argue that you weren’t paying attention. And just because you have the right of way, you still have a duty under the law to pay attention. So that’s why you have to be careful. That’s why you should consult with a lawyer before you talk to an insurance company after a pedestrian accident. No need to worry. Call Cooper Hurley, The Car Crash Experts. 333-3333.
