Back-to-school season is here, and morning commuters will notice that crosswalks are suddenly filled with children making their way to class. Lazy summer days have given way to the quicker pace of fall, and this post will offer safety tips for drivers and pedestrians alike.
Pedestrian accidents, by the numbers
Per the Governors Highway Safety Association (GHSA):
- About 7,508 pedestrians were killed in traffic crashes in 2022 nationwide.
- Over 67,000 pedestrian injuries were recorded in 2022.
- Over the past eleven years, pedestrian fatalities have increased by 77%.
- All other traffic fatalities combined only increased by 25% – which points to a troubling trend regarding pedestrian safety.
Under Virginia law, pedestrians also have legal guidelines they must follow when out for a walk. Drivers are not the only ones held responsible when a collision occurs – it all depends on the circumstances. Read on to learn the rules.
Crosswalks
Why is it important to cross the street at formal crosswalks? These areas are well-marked and alerts drivers to be on the lookout. They are traditionally located at ideal crossing locations, where sightlines are clear and streetlights are present. Many crosswalks also have specific signals that indicate when it is safe to cross.
Virginia law defines a crosswalk as the part of the roadway at an intersection that has lines connecting both sides of the road, or any other portion of roadway that is distinctly marked for pedestrian crossing on the surface.
Drivers’ duties
In order to keep pedestrians safe, drivers must stop:
- At any clearly-marked crosswalk
- Any regular pedestrian crossing created by the extension of the lateral boundary line (non-striped crosswalk) of a sidewalk at the end of a block
- At any intersection where the speed limit is 35 miles per hour or less
In these situations, the pedestrian has the right of way and vehicles must yield to them. Even if the pedestrian has not yet entered the road or has only crossed the lane beside them, the driver has a duty to stay at a complete stop until the pedestrian has passed the lane in which they are stopped.
According to Virginia law, drivers of vehicles entering, crossing, or turning at intersections have a duty to change their course, slow down, or stop to permit pedestrians to cross. This is true whether there is a crosswalk or not. The pedestrian always has the right-of-way over vehicles making turns. If there is a law-enforcement officer or crossing guard directing traffic, the driver has a duty to follow their direction and yield to pedestrians when instructed to.
Pedestrians’ duties
Pedestrians also have a duty to watch out for their own well-being. A pedestrian cannot carelessly or maliciously interfere with the orderly passage of vehicles. As much as possible, they should cross only at intersections or marked crosswalks.
Pedestrians also have a duty to ensure they are visible to drivers. When attempting to cross a street at any location outside of an intersection, they may not enter the street at any point where their presence would be obscured from the vision of approaching drivers. Even when crossing at a crosswalk, a pedestrian must take the oncoming traffic into account. They cannot just step out if it is unsafe to do so.
Additionally, pedestrians should use sidewalks whenever available and avoid using roadways except when absolutely necessary. Similar to above, if there is a crossing guard or law enforcement officer directing traffic, the pedestrian has a duty to follow their direction.
Can you be ticketed for “jaywalking” in Virginia?
Pedestrians will not be found guilty of negligence for crossing an intersection without marks if they cross using the most direct route. Fun fact: A law enforcement officer cannot stop a pedestrian for a violation of these laws. However, it is best to follow them to stay as safe as possible.
Top 7 safety tips for drivers
- Always look out for pedestrians – especially in school zones, neighborhoods, and shopping areas.
- When executing a turn, remember to check the street you are turning onto for pedestrians.
- Never pass a vehicle stopped at a crosswalk – they may be stopping for a pedestrian.
- Stick to the speed limit or even stay below it, especially in busy and residential areas.
- Use extra caution when driving in hard-to-see conditions, like poor lighting or bad weather.
- Be particularly cautious when backing up, especially in parking lots and neighborhoods.
- It should go without saying, but never drive under the influence of alcohol or drugs.
Top 9 safety tips for pedestrians
- Always look both ways before crossing a street, even in a crosswalk.
- Whenever possible, cross at a crosswalk. If one is not available, find the most well-lit area where you have full view of the road in both directions. Wait for a gap in traffic that allows you enough time to cross safely and continue to watch for oncoming cars even after you begin your journey.
- If present, follow the pedestrian control signals letting you know when it is safe to walk. However, don’t assume drivers will see this – still keep a proper lookout.
- If going out at dawn, dusk, or after nightfall, wear reflective or light-up vests. If you have a dog, you can even purchase light up collars for them!
- Whenever available, walk on the sidewalk instead of the street. If one is not available, walk on the left side of the road facing oncoming cars and as far from traffic as possible.
- Watch for drivers turning at intersections, backing out of driveways, or leaving parking spaces.
- Never cross while distracted, such as looking at your phone.
- Don’t assume a driver can see you, especially in low-light conditions. Making eye contact with the driver helps ensure they have eyes on you.
- If you are under the influence of any mind-altering substances such as drugs or alcohol, walk with a sober friend who will be able to keep a better lookout. Alternatively, consider getting a safe ride home.
Pedestrian safety in Richmond, Virgina
Virgina had a 35% increase in pedestrian fatalities from 2021 to 2022, with 44 more deaths than in the previous year. This is the second-highest increase in the country. Crash fatalities involving a pedestrian who had been drinking have increased by 52% in just one year.
In Richmond, there are an average of 2,100 injuries and 20 deaths on our roadways each year. Of those, 20% are pedestrians. To combat these terrifying numbers, Richmond has instituted a Vision Zero plan. The city implemented a plan of action aimed at reducing fatal and serious injury crashes, pursuing appropriate changes to street designs, and other measures to help keep our roadways safer.
I’ve been hit by a driver. What do I do?
Have you or someone you know been hit by a vehicle through no fault of your own? Contact the experienced attorneys at Allen & Allen today for a free case evaluation. Call 866-388-1307 today.