Crosswalk collisions are frightening—and they’re often preventable. If you were hit while walking in Northern Virginia or Washington, D.C., it helps to know how right-of-way laws work and what you can do next to protect a claim.
Who has the right of way?
Virginia: Drivers must change course, slow, or stop as needed to let pedestrians cross safely at intersections and must yield at marked crosswalks and at intersections where sidewalks continue across the street. Turning drivers must also yield. Violations can support a finding of driver negligence. See Va. Code § 46.2-924 and related pedestrian provisions.
Washington, D.C.: A driver must stop and remain stopped for a pedestrian in any marked crosswalk or any unmarked crosswalk at an intersection when the pedestrian is in the driver’s lane or the adjacent lane. All intersections are treated as legal crosswalks, marked or not. See D.C. Code § 50-2201.28 and DDOT’s summary of bike/ped rules.
How fault is treated—why it matters
Virginia still follows pure contributory negligence: if an injured pedestrian is even 1% at fault, recovery can be barred entirely. That’s why insurers look for any argument (e.g., mid-block darting, ignoring signals). Experienced counsel is critical in pushing back.
D.C. historically used contributory negligence, but the Motor Vehicle Collision Recovery Act of 2016, later strengthened by the Vulnerable User amendment, changed outcomes for pedestrians and other vulnerable users: you can recover as long as you are not more at fault than the driver(s) (your damages are reduced by your share of fault).
Deadlines to file
In Virginia, most personal injury claims must be filed within two years of the crash date (statute of limitations). Missing this deadline can end your claim.
What to do after a crosswalk crash
- Call 911 and get medical care. Your medical records link injuries to the collision.
- Report and document. Get the crash report number, photograph the scene, signal heads, crosswalk markings, vehicle position, and injuries. Preserve clothing and damaged items.
- Collect information. Names, plates, insurance, and any witness contacts.
- Avoid recorded statements to insurers before speaking with counsel—statements can be used to argue partial fault under Virginia’s strict rule or to inflate your fault percentage in D.C.
Damages you may claim
Depending on the facts and local law, you may seek medical expenses, lost wages, pain and suffering, and future care. Proving driver negligence often involves signal timing, sight lines, turning movements, and compliance with right-of-way statutes cited above.
Hilton & Somer, LLC: Virginia, Maryland and Washington, DC Personal Injury Attorneys
If you have suffered an injury, don’t go through it alone. Help is available today. Get in touch with the Personal Injury Attorneys at Hilton & Somer, LLC today to discuss your case with one of our Virginia, Maryland, or Washington, D.C. Attorneys. You can contact us toll-free at (703) 560-0700.
References:
https://code.dccouncil.gov/us/dc/council/laws/21-167
https://www.findlaw.com/state/virginia-law/virginia-negligence-laws.html
https://code.dccouncil.gov/us/dc/council/code/sections/50-2201.28
https://law.lis.virginia.gov/vacode/title46.2/chapter8/section46.2-924/
