A Virginia pedestrian accident claim is a claim by a person struck by a vehicle while walking, running, standing or using a wheelchair, against the driver who hit them and anyone else whose carelessness contributed. Virginia law gives pedestrians important protections in crosswalks, but it also applies a strict fault rule that insurers use against people on foot.
Blank Kim Injury Law represents pedestrians hurt across Fairfax, Arlington, Alexandria, Annandale, Tysons and the rest of Northern Virginia. Attorneys Aaron Blank and Robert Kim are licensed in Virginia. Rob speaks Korean, and our paralegal team speaks Spanish. We can start your case review by phone while you are in the hospital or at home.
Where pedestrians are hit in Northern Virginia
Northern Virginia mixes dense walkable areas with wide, fast suburban roads, and many pedestrian crashes happen where the two meet:
- Wide multi-lane roads such as Route 50, Route 7 and Route 29, where crossings are long and drivers are moving fast
- Intersections in Tysons, Reston and Arlington, where turning drivers watch for cars instead of people
- Streets around Metro stations on the Orange, Silver, Blue and Yellow lines, and VRE stations at rush hour
- Parking lots and garages at shopping centers, where drivers back out without looking
- School zones, bus stops and neighborhood streets without sidewalks
- The George Mason University campus and the streets around it
Many of these crashes happen after dark, when drivers are tired and people on foot are harder to see. Lighting at the scene is one of the first things we document.
Virginia’s crosswalk rule for drivers
Under Va. Code § 46.2-924, drivers must stop for pedestrians crossing in a marked crosswalk, and at unmarked crosswalks at intersections where the speed limit is 35 mph or less. A driver who hits someone in one of those places has, in most cases, violated a basic duty.
Other driver conduct that commonly causes pedestrian crashes includes:
- Turning right on red without checking the crosswalk
- Passing a car that has stopped for a pedestrian
- Using a handheld phone while driving, which is illegal under Va. Code § 46.2-818.2
- Driving impaired; the legal limit is 0.08 blood alcohol under Va. Code § 18.2-266
- Speeding through residential streets and parking areas
How contributory negligence affects pedestrian claims
Virginia follows contributory negligence: a person found even slightly at fault for their own injury is generally barred from recovering. For pedestrians, the insurer’s argument is predictable. The adjuster says you crossed outside a crosswalk, against the signal, while looking at your phone, or in dark clothing.
Those arguments are not the end of a claim. Three parts of Virginia law often matter in pedestrian cases:
- Last clear chance. A driver who saw, or should have seen, a pedestrian in danger and had time to avoid them can still be responsible even if the pedestrian was careless.
- Willful and wanton conduct. Contributory negligence is not a defense to willful and wanton conduct, such as extreme recklessness.
- Young children. Children under 7 are presumed incapable of negligence, so a young child’s own conduct generally cannot be used to defeat the claim.
Evidence decides these disputes. Video from businesses, buses and doorbell cameras, the position of the vehicle, the driver’s speed and the lighting at the scene often show that the driver had every chance to stop. Read more about contributory negligence in Virginia.
Who pays when a pedestrian is hit
Virginia has no personal injury protection or no-fault insurance. Payment for a pedestrian’s injuries usually comes from one or more of these sources:
- The driver’s liability insurance. This is the main source when the driver was at fault. Virginia sets minimum limits in Va. Code § 46.2-472, and serious pedestrian injuries often exceed them.
- Uninsured and underinsured motorist coverage. Every Virginia auto policy must include it under Va. Code § 38.2-2206. If you or someone in your household owns a car, that policy may cover you as a pedestrian, including after a hit-and-run. We check the policy language.
- Medical payments coverage. Optional coverage on a household auto policy can help with medical bills regardless of fault.
- The driver’s employer. A delivery or work driver’s employer can be responsible, and rideshare and delivery app drivers carry company insurance at certain times.
- A property owner or government. A poorly lit parking lot or a dangerous road condition can add another party. Claims against a county, city or town can require written notice within six months; see our page on pothole and road defect claims.
Injuries in pedestrian accidents
A pedestrian is usually struck first by the bumper and then by the hood, windshield or ground. The injuries reflect that sequence:
- Leg, knee and pelvic fractures from the first impact
- Head and brain injuries from striking the windshield or pavement
- Spinal cord injuries
- Shoulder, arm and hand injuries from trying to break the fall
- Internal injuries that require emergency surgery
Many seriously hurt pedestrians in Northern Virginia are treated at Inova Fairfax Medical Campus, the region’s Level I trauma center. Recovery can take months and often involves surgery, rehabilitation and time away from work.
What a pedestrian injury claim can include
A pedestrian injury claim can seek medical expenses now and in the future, lost wages and earning ability, pain and suffering, and the loss of the ability to do things you did before. Payments from your own health insurance generally do not reduce what the at-fault driver owes, under Virginia’s collateral source rule.
Punitive damages for especially reckless conduct are capped at $350,000 under Va. Code § 8.01-38.1. How serious the injuries are, the available insurance and the evidence on fault all shape a claim’s value. No page can say what your claim is worth.
When a pedestrian is killed, the personal representative of the estate brings a wrongful death claim under Va. Code § 8.01-50 for the family members Virginia law names as beneficiaries.
Deadlines for pedestrian accident claims in Virginia
| Claim | General deadline | Source |
|---|---|---|
| Personal injury lawsuit | Two years from the injury | Va. Code § 8.01-243(A) |
| Wrongful death lawsuit | Two years from the death | Va. Code § 8.01-244(B) |
| Notice to a county, city or town | Six months | Va. Code § 15.2-209 |
| Notice to the Commonwealth | One year | Va. Code § 8.01-195.6 |
Other timing rules apply to children and to some claims, and insurance policies have their own prompt notice terms. Our guide to the Virginia statute of limitations explains more.
How our Virginia pedestrian accident lawyers handle your claim
- Free case review. By phone, through the form, or at our office by appointment. There is no obligation.
- Scene work. We return to the scene to document crosswalk markings, signals, sight lines and lighting at the same time of day.
- Video and witnesses. We ask nearby businesses, transit agencies and residents for footage before it is erased.
- Coverage search. We find every policy that applies, including household policies you may not know cover you.
- Resolution. We negotiate with the insurers and, if needed, file suit in the proper Virginia court.
You can talk with our team in English, Korean or Spanish.
