Brooke graduated from the University of Richmond School of Law after receiving her undergraduate degree from the University of North Carolina at Chapel Hill. Brooke worked for five years in private practice with a law firm specializing in insurance defense litigation before becoming the trial litigator for Allstate Insurance Company in the metro Richmond area.
If a vehicle hit you while you were walking, you may be facing injuries, medical bills, and questions about who is responsible for covering them. Can a pedestrian be considered partly at fault? Will the driver’s insurer try to shift blame onto you?
All of these questions fall under pedestrian accident liability. In Virginia, the rules are stricter than in most states. Here’s how liability is determined when a pedestrian and a vehicle collide and what that means for your case.
Duties of Drivers and Pedestrians in Virginia
On Virginia roads, safety depends on both drivers and pedestrians following the rules of the road. Each side has responsibilities, and ignoring them puts everyone at risk.
Drivers must:
- Stop fully at crosswalks and wait until pedestrians clear their lane;
- Yield the right-of-way at marked crossings, unmarked sidewalk extensions, and intersections with speed limits under 35 mph;
- Slow down when turning and check for people crossing;
- Pay extra attention in neighborhoods, schools, and other areas where pedestrians are frequently present; and
- Look carefully before pulling into or out of driveways and private roads.
Pedestrians must:
- Use sidewalks and crosswalks whenever available;
- Yield to traffic when crossing outside of a crosswalk;
- Obey “Walk” and “Don’t Walk” signals;
- Stay aware of their surroundings and look before stepping off a curb;
- Avoid darting into traffic, especially from behind parked cars; and
- Walk facing oncoming traffic if no sidewalk is available.
When drivers and pedestrians fail to follow these rules, crashes can lead to tough questions about who should be held accountable. The next step is understanding how Virginia decides fault when a pedestrian and a driver are both involved.
How Fault Works in a Pedestrian–Vehicle Accident
So, who is liable in a pedestrian accident in Virginia? The answer depends on two things: the state’s at-fault system and its contributory negligence rule.
Virginia is an at-fault state, which means the person who caused the crash is responsible for covering the damages. That responsibility can fall on the driver, the pedestrian, or, in rare cases, both.
The tougher part is Virginia’s doctrine of pure contributory negligence. Under this rule:
- If the pedestrian proves the driver was entirely at fault, the pedestrian can recover damages; and
- If the pedestrian is found to be even 1% at fault, they cannot recover any damages.
This is far stricter than in most states. Mistakes, such as glancing at a phone or stepping off the curb against a signal, can be used to deny a claim. That’s why it’s helpful to examine common scenarios where pedestrians may share fault.
Examples of Pedestrian Fault in Virginia Crashes
Insurance companies almost always seek ways to argue that the pedestrian shares some blame. If they find any misstep, contributory negligence gives them a way to bar your compensation. Examples include:
- Crossing mid-block. A person dashes across a busy street instead of walking to the corner. A speeding driver hits them, and because they crossed outside a crosswalk, the insurer blames the pedestrian.
- Walking while distracted. Someone checks a text message while stepping into a crosswalk. They don’t see a car turning, and the insurer argues they weren’t paying attention.
- Ignoring signals. A pedestrian starts to cross while the “Don’t Walk” sign is flashing. Even if the driver should have yielded, the violation may block recovery.
- Failing to look out. A pedestrian has the right-of-way, but doesn’t glance for oncoming cars before stepping out. The driver claims they should have looked.
- Entering traffic unsafely. A person runs out from behind a parked SUV, giving the driver almost no time to stop. The driver may have been going too fast, but the insurer still blames the pedestrian.
These scenarios of what happens if a pedestrian caused an accident are not meant to discourage you. They aim to show the types of arguments insurers rely on and why documenting the circumstances of the crash is crucial.
What This Means for Recovering Damages in a Pedestrian vs. Vehicle Crash
To recover compensation in Virginia, an injured pedestrian must prove two things:
- The driver was negligent, and
- The pedestrian did not contribute to the collision in any way.
If even a small share of fault is assigned to the pedestrian, the claim can be barred completely.
“Last Clear Chance” and Contributory Negligence
There is one narrow exception to this policy called the “last clear chance.” This common law doctrine applies when the pedestrian may have acted carelessly, but the driver still had a clear opportunity to avoid the crash.
For instance, imagine a pedestrian trips and falls in a crosswalk. If the driver sees them in time to stop but does not brake, the driver can still be held liable. Or, consider a situation when a pedestrian is distracted and steps into the road, but the driver has plenty of space to avoid hitting them. If the driver continues without reacting, the pedestrian may still be able to recover compensation.
Courts use this doctrine sparingly. It does not excuse pedestrian negligence, but it recognizes that a driver who has the final chance to prevent harm should take it.
Evidence Is Critical for Compensation
Because contributory negligence is so strict, the strength of the evidence often decides these cases. Police reports, witness accounts, video footage, and medical records can all provide evidence of what happened and whether the driver had the opportunity to avoid the collision.
However, gathering and presenting that evidence is difficult to do alone. This is where a lawyer can step in to protect your claim and fight for fair compensation.
Injured in a Pedestrian–Vehicle Accident? Call River Run Law.
Being hit by a car is traumatic enough. Dealing with Virginia’s contributory negligence rule adds another layer of stress. At River Run Law, we understand how pedestrian accident liability works because we’ve handled these cases for people across Virginia.
Our firm was recognized among the top 4% of law firms nationwide in the 15th edition of Best Law Firms®. We see that recognition as a reflection of how we treat our clients: with attention, persistence, and support during a difficult time.
If you’re asking yourself whether you can recover after being struck as a pedestrian, or worrying the insurance company will try to blame you, talk with an attorney who knows Virginia law. Contact River Run Law or reach out to us online today to schedule a free consultation.
