Pedestrian Fatality

On June 5, 2020, a 24 year-old pedestrian was killed.  He was struck along Interstate 66 in Arlington.  Justin Angel of Stephens City, Virginia was walking in the eastbound lane of Interstate 66.  He was near Route 29 when he was hit by a vehicle.  The matter was reported by the Virginia State Police.  He was reported dead at the scene.

Pedestrian Fatality Investigation

Every year thousands of people on foot are killed in auto crashes. Prompt and thorough investigation of these claims is a must. Once the facts are gathered and the law reviewed then a plan of action must be set. Most pedestrian crashes involve some witnesses. Therefore you must locate and interview these witnesses. In other words if you or a loved one has been involved in a pedestrian accident you must move quickly.

Pedestrian Fatality in the Crosswalk

Pedestrians who are struck in a crosswalk or at an intersection have special protection. However pedestrian crashes that occur outside of an intersection or crosswalk can be tough. They still may be viable claims. However this depends on the facts. Crossing in between intersections or outside of a crosswalk may be allowed in some cases. As a result the facts of your case must be fully explored. In Virginia in 2012 100 pedestrians were killed. In addition another 1862 pedestrians were injured. Pedestrian injury cases require a prompt inspection. Google Maps may give you an overview of the scene. Also you must visit the scene with your client. Photos of the area from all angles are a must. In addition measure the roadway and the distance from all pertinent structures. Having your client with you for this is a must. In addition the inspection should take place on the same day of week and time as the crash. Call, or contact us for a free consult.

Pedestrian Cases-Statutes

Many Virginia statutes may apply. Virginia Code § 46.2-923 says that pedestrians “…shall cross, whenever possible, only at intersections or marked crosswalks.” That statute is pretty clear. If the pedestrian crosses in between intersections that contain marked crosswalks. I would say that probably is pretty good evidence of the fact that the plaintiff was guilty of fault. The statute goes on to say that where the intersection does not have a marked crosswalk and the pedestrian crosses at that intersection, then that is not negligence as a matter of law for crossing at such intersection. Likewise if the pedestrian crosses in between intersections which do not have marked crosswalks, then the pedestrian has to cross by the most direct route. If the pedestrian does that, then the pedestrian is not guilty of fault as a matter of law. Virginia Code § 46.2-924.B to some extent further explains this. It says that a pedestrian crossing at an intersection has the right of way over a vehicle making a turn into the highway that the pedestrian is crossing. Code § 46.2-924.A says that a vehicle shall yield to a pedestrian who is crossing at a regular pedestrian crossing that is included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block. In addition the driver shall yield at any intersection where the speed limit is not over 35 mph.

Jury Instructions

The Virginia Model Jury Instruction No. 14.000 also says that a pedestrian who is crossing a street has the duty to step from his course of travel into a place of safety if it reasonably appears to him that he is in danger of being struck. Call, or contact us for a free consult. For more information on pedestrian accidents see the page on Wikipedia dealing with pedestrians.