Results 1 to 2 of 2
  1. #1
    Join Date
    May 2014
    Posts
    25

    Default Who is at Fault if a Pedestrian is Hit by a Car

    My question involves an injury that occurred in the state of: Virginia

    Pedestrian is walking with traffic on a raining night after 7 p.m. Pedestrian is walking right on top of white line on edge of pavement. More to road than to shoulder (right foot on top of white line). There is no sidewalk, but there is a 7 foot grassy shoulder. The pedestrian is wearing dark (blue jeans) pants and a dark red hoodie. No reflective gear. Traffic speed is ~ 45 and speed limit is same. Cars are traveling in opposite direction removing option of serving. One car narrowly misses pedestrian and when second car sees him, has less than a second to stop, serve, etc. Second vehicle hits pedestrian with mirror. Mirror smashes into pieces, Driver stops and finds pedestrian in good shape. He claims he feels fine, doesn't want police called, shows his arm and moves in every which direction. Bare arm shows no scratch, bump, bruise, nothing. Police are called (by driver). Report filed, no charges on either party given.

    If a claim is filed, is driver at fault? Is Pedestrian at fault? Is it equal fault?

  2. #2
    Join Date
    Mar 2013
    Posts
    14,581

    Default Re: Who is at Fault if a Pedestrian is Hit by a Car

    Yogi Berra said: "In theory, there is no difference between practice and theory. In practice, there is."

    In theory, VA's statutes appear to put the fault on the pedestrian.

    See 46.29-926 and 46.2-928:

    https://law.lis.virginia.gov/vacode/title46.2/chapter8/

    In practice, without witnesses or dash cam evidence, pedestrian wins, driver loses.

    Especially considering that the first driver avoided hitting the pedestrian, meaning the second driver should also have been able to avoid hitting the pedestrian had the second driver not, in some way, been negligent in the operation of his vehicle.

    1. Sponsored Links
       

Similar Threads

  1. Failure to Yield: Ticket for Failure to Yield to a Pedestrian When No Pedestrian was Present
    By DaveInBK in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-17-2015, 04:57 PM
  2. Determination of Fault: Car Accident, at Fault Driver Not Admitting Fault to Insurance Company
    By denny33142 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 9
    Last Post: 04-02-2015, 08:28 PM
  3. Failure to Yield: Failure to Yield to Pedestrian in Crosswalk - But Pedestrian Was a Bicyclist
    By nikkilaird12 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 05-19-2009, 10:57 PM
  4. Traffic Accidents: Can a Pedestrian Get Compensated if the Accident Was Her Fault?
    By asylee10 in forum Accidents and Injuries
    Replies: 16
    Last Post: 08-28-2008, 10:45 AM
  5. Lights, Signs and Traffic Controls: Pedestrian Violation With No Pedestrian Control Signals
    By kikicat in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 07-31-2008, 06:22 AM
 
 
Sponsored Links

Legal Help, Information and Resources

Forum Sponsor
Car Accident Attorney
Injured in a car accident? Talk to a local accident lawyer for free.