Tragedy in Newport News:
What Happens When a Pedestrian Is Hit by a Vehicle in Virginia.
Earlier this week, a heartbreaking incident in Newport News claimed the life of a man in a wheelchair after he was struck by a pickup truck on Jefferson Avenue. As police continue to investigate, many in the Hampton Roads community are left wondering: How is fault determined in these tragic situations
At Larry King Law, we believe knowledge is power—especially when it comes to your rights on the road.
Understanding Fault in Virginia Pedestrian Accidents
Virginia is one of only a few states that still follows a pure contributory negligence rule. That means if a pedestrian is found to be even 1% at fault for an accident, they may be barred from receiving compensation. This makes these cases especially complex—and why having experienced legal help matters.
Here are some of the main factors that go into determining who was at fault:
Location & Right-of-Way
- Was the pedestrian in a crosswalk, marked or unmarked?
- Did they cross at a light and obey traffic signals?
- Did the driver have a green light or legal right-of-way?
Pedestrian Conduct
- Did the pedestrian cross mid-block or step into traffic suddenly?
- Were they distracted or impaired in any way?
Driver Behavior
- Was the driver speeding, distracted, or under the influence?
- Did they fail to yield to someone in a crosswalk?
- Were there poor weather or low-visibility conditions?
Virginia Law at a Glance
- Drivers are legally required to yield to pedestrians in crosswalks (VA Code § 46.2-924).
- Pedestrians must also follow the law and avoid stepping into traffic unexpectedly (VA Code §§ 46.2-923 and 46.2-926).
Why Legal Help Matters
Because of Virginia’s strict contributory negligence rules, even small details can determine whether or not a case moves forward. That’s why it’s so important to have someone in your corner who understands both the law and the human side of these situations.
If you or someone you love has been involved in a pedestrian accident, you don’t have to figure it out alone. Let us help you understand your rights and options.
For a free case evaluation Dial (757) I-N-J-U-R-E-D,
(757) 595-8100, or use our Personal Injury contact form, seven days a week, 24 hours a day, every day of the year. We are committed to doing the extra things it takes to help our clients. We will battle to get you justice because “Every Client is special, and Each Matter is important.” © Larry King 2000
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