Alberto is crossing Little River Turnpike in Fairfax, Virginia. He is struck by a car going 40 m.p.h. and is killed.
Speeding cars and trucks are a major cause of Virginia fatal pedestrian accidents.
According to the U.S. Department of Transportation, a pedestrian hit by a motorist traveling 40 m.p.h. has an 85% chance of being killed; at 30 m.p.h., the likelihood goes down to 45%; while at 20 m.p.h., the fatality rate is 5%. Faster speeds increase the likelihood of a pedestrian being hit. At higher speeds, motorists are less likely to see a pedestrian, and are even less likely to be able to stop in time to avoid striking a pedestrian.
Saundra is struck by a car as she crosses Richmond Highway (Route 1) in Alexandria, while in the crosswalk. She is rushed to Mount Vernon Hospital with multiple comminuted fractures. The other driver says he is not at fault because he did not see Saundra in the crosswalk. Will this defense hold up in court? Answer: No.
Virginia law gives a pedestrian the right-of-way when crossing a street or highway:
- in a crosswalk
- at a regular pedestrian crossing at the end of a block
- by the most direct route at any intersection where the speed limit is 35 m.p.h. or less
Until He Finishes Crossing The Street
Virginia law declares that the pedestrian’s right-of-way begins on one side of the street and continues until the pedestrian has completed crossing the street while in a crosswalk; at a regular pedestrian crossing; or at an intersection where the speed limit is 35 m.p.h. or less.
When a pedestrian has the right-of-way, Virginia law requires a driver to avoid striking a pedestrian by:
- changing course
- slowing down
- coming to a complete stop
Pedestrian accidents are likely to result in devastating personal injuries or death when the pedestrian is struck by a car or truck. The high energy force of impact from a heavy motor vehicle can cause major personal injuries, including:
- traumatic brain injury
- spinal injuries
- fractures (broken bones) of the arms and legs
- knee, ankle and shoulder fractures and ligament tears
- internal injuries and bleeding
- road rash
Alexandria pedestrian accident lawyer Gerald Schwartz has over 30 years experience representing people seriously injured in Fairfax pedestrian accidents and all over Northern Virginia. Schwartz is one of the “Top 100 Trial Lawyers in Virginia”. To contact Gerald Schwartz directly for a free consultation, call 1-800-423-0055.