Negligence in Virginia Pedestrian Accident Cases

There are numerous circumstances in which a pedestrian may be found to be partially liable. Partial liability or pedestrians being liable is a function of contributory negligence. This means that a pedestrian is actually contributing to their own accident. If you are facing the possibility of being held negligent for your own injuries, contact an experienced pedestrian accident lawyer about your options.

The injured individual can be accused of negligence in Virginia pedestrian accident cases if they have violated a safety rule. If the individual crossed the street at an unmarked intersection in an unsafe manner, such as having taken alcohol or drugs, they can be held liable.

Impact of Being a Distracted Driver or Pedestrian

When someone fails to maintain a proper lookout and proper notice of their surrounding; in other words, they are distracted, it could have a negative impact on their ability to recover damages in an accident case. If they are found liable or partially liable, they are barred from making a recovery. This is also known as contributory negligence. Distracted driving may lead to someone being found liable for an accident that results in a breach of duty to drive safely because they were distracted.

When someone walks into a road while they are on their cell phone or playing a video game, they can face the consequences of negligence in Virginia pedestrian accident cases. This means, they could be found contributorily negligent and may be barred from making a recovery, even if the driver who strikes them is otherwise at fault. Distracted driving and distracted walking may contribute to issues as they pertain to liability.

Using a Crosswalk

Crosswalks are an important consideration when determining liability in pedestrian accident cases. When someone walks within a crosswalk at a designated controlled intersection and is struck by a motor vehicle, there is an inference that they followed the safety rules and the driver who hit them is negligent. When someone does not walk in a crosswalk when it is available, they may be viewed as contributing to negligence in Virginia pedestrian accident cases. They could be viewed as being contributorily negligent and legally barred from making a recovery. The placement of the crosswalk and the use of a crosswalk play important roles in the case.

Committing a Traffic Violation

If the driver commits a traffic violation, and as a result of that traffic violation, an accident occurs, the driver can be found liable for the damages they caused. When someone fails to yield or does not stop at a stop sign and their failure to do so results in an accident, they are negligent per se. Their unnecessary negligence resulted in the violation of a traffic safety rule in addition to civil rules. There may be two different methods of punishing them.

Impact of Contributory Negligence

Contributory negligence in Virginia is a bar to recovery and has a strong impact on liability. A person can be liable; but the other party is barred from recovery as the result of contributory negligence. If a car speeds towards an intersection, but a pedestrian walks out into the middle of the road. The pedestrian can be viewed as contributorily negligent. They were not without fault and therefore, even though the car was speeding, the pedestrian may be unable to legally recover. It is somewhat different than liability, as contributory negligence in Virginia pedestrian accident cases is an affirmative defense to liability.