Charlottesville police have charged a pedestrian who was struck while crossing a street. He has been charged with crossing outside of the crosswalk. Most of the time, we tend to assume that the driver is at fault when a pedestrian is struck. And, Virginia law provides many protections for pedestrians who are crossing streets at intersections. However, the pedestrian also has a duty to maintain a lookout. Most significantly, the pedestrian will always be the loser in a battle between a car and a human. So even is the pedestrian has the right of way, a lookout is essential. In this case, the pedestrian had a duty to cross at the intersection. Of course, we do not know what the pedestrian will say. The bottom line is that you have to be careful when crossing streets
Francis P. Hajek Wilson & Hajek, LLC, a personal injury law firm Experienced Injury and Accident Lawyers Serving Virginia, including Albemarle, Charlottesville, Fluvanna, Louisa, Madison, Nelson, Orange, Staunton, Waynesboro
Thursday, June 9, 2011
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