If you were struck by a vehicle while walking, jogging, or crossing the street in Virginia Beach, you may be entitled to compensation for your injuries, lost income, and more. I'm Scott Barney, a Hampton Roads personal injury attorney with 20+ years of experience holding negligent drivers accountable to the pedestrians they injure, all on a no-win, no-fee basis.
Pedestrian Right of Way in Virginia
The law regarding pedestrians in Virginia is specific, and it is not as simple as 'the pedestrian always has the right of way.' Va. Code § 46.2-924 states that pedestrians have the right of way in marked crosswalks, as well as in unmarked crosswalks at the end of any block or at any regular pedestrian crossing.
Drivers must yield, slow down, or stop to allow a pedestrian to cross safely in these zones. However, the law also states that a pedestrian cannot step into the street in disregard of approaching traffic. If a car is so close that the driver cannot reasonably stop, stepping in front of it is a violation.
If you cross outside of a crosswalk (jaywalking), you must yield the right of way to vehicles (Va. Code § 46.2-923). But even if you were crossing outside a crosswalk, drivers still have a duty to exercise due care and avoid hitting you if they can.
Contributory Negligence in Pedestrian Cases
Because Virginia follows the harsh rule of pure contributory negligence, pedestrian cases are often fiercely contested. If a jury finds you were even 1% responsible for the accident, you recover zero compensation.
Insurance adjusters will immediately investigate whether you were in a crosswalk, whether the walk signal was in your favor, whether you were looking at your phone, or whether you were wearing dark clothing at night. Their goal is to shift just enough blame onto you to trigger the 1% rule.
This is why independent evidence is vital. We move quickly to secure surveillance video from nearby businesses, intersection camera footage, and witness statements before they disappear. Do not give a recorded statement to the insurance company; let your lawyer control the narrative.
Severe Injuries and Uninsured Motorist Coverage
Pedestrian impacts are devastating. Without any physical protection, the injuries are often catastrophic, including traumatic brain injuries, shattered pelvises, spinal cord injuries, and severe internal damage. The medical costs can easily exceed the at-fault driver's insurance limits.
If the driver who hit you only has Virginia's minimum liability limits, or if you were the victim of a hit-and-run, your own auto insurance policy may save you. Under Virginia law, your Uninsured/Underinsured Motorist (UM/UIM) coverage applies to you even when you are walking, as long as you were injured by a motor vehicle.
This means we can often turn to your own policy (or the policy of a resident relative) to pay for the medical bills and suffering that the at-fault driver cannot cover.
Cases I Handle
Common Virginia Beach pedestrian accidents
How I Help
What I do for you
Establish the driver's fault
I use the scene, traffic laws, and witnesses to show the driver, not you, caused the crash.
Document catastrophic injuries
Pedestrians absorb the full impact. I build a complete medical record of fractures, head trauma, and internal injuries.
Manage the insurer
I handle all communication so the driver's insurer can't shift blame onto you for being on foot.
Pursue full value
I negotiate hard and, when needed, take the case to court for what your recovery truly costs.
What You May Recover
Compensation in a Virginia pedestrian claim
- Medical bills: emergency, surgical, and ongoing care
- Lost wages and future earning capacity
- Pain, suffering, and permanent injury
- Long-term rehabilitation and assistive care
- Out-of-pocket costs tied to your recovery
From the Blog
More on pedestrian accidents cases
Pedestrian Accidents FAQ
Questions I hear most
Related Practice Areas
Serving Hampton Roads
Hurt and not sure what to do? Let's talk today.
Free, confidential, and no obligation. You owe me nothing unless I win your case.