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If you or a loved one has been injured in a Virginia pedestrian accident, whether struck by a car while walking, running, or jogging, you may be entitled to compensation. These collisions often result in severe injuries, including traumatic brain injuries, spinal cord damage, broken bones, and internal bleeding, often involving allegations that drivers were distracted, speeding, impaired, or failing to yield. Due to Virginia’s strict contributory negligence laws and two-year filing deadline, it is important to act quickly and seek legal guidance to protect your claim.
At GibsonSingleton Virginia Injury Attorneys, Ken Gibson and John Singleton bring the preparation and legal knowledge needed to hold negligent drivers and insurance companies accountable. As former U.S. Marines with backgrounds as a former federal prosecutor and a former insurance defense attorney, they use their unique insight to pursue fair compensation for clients across Hayes, Gloucester County, the Middle Peninsula, and throughout the state. Our car accident lawyers in Virginia represent accident victims on a contingency fee basis, meaning you pay no attorney’s fees unless we recover money for you.
This page covers detailed information about pedestrian accident liability in Virginia, the damages you can recover, the state’s contributory negligence rule, dangerous local roads, what to do after a crash, and the strict filing deadlines that apply to your claim. Call GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 to schedule a free consultation.
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When Insurance Companies Won't Listen, These Lawyers Make Them
Linda Heron
I was rear-ended by someone who didn’t see me slowing for traffic in front of her because she had a dog in her car and she was handling her dog instead of watching the road. She was cited and pre-paid her ticket (was undeniably at-fault for the accident). I was slammed so hard my car was slammed into the car in….
Jacki P
James Roark
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Pedestrian accidents are extremely dangerous because a person on foot has no protective barrier against a moving vehicle. Even a moderate-speed collision can cause severe injuries like broken bones, traumatic brain injuries, or death.
Virginia Traffic Crash Facts for 2024 recorded 1,747 pedestrian and motor vehicle crashes, 1,719 pedestrian injuries, and 126 pedestrian deaths in Virginia. Pedestrians made up 2.7 percent of all traffic injuries and 13.7 percent of all traffic fatalities in the state. Nationally, NHTSA reported 7,080 pedestrian deaths and 71,635 pedestrian injuries in traffic crashes in 2024. Although national pedestrian deaths were lower than in 2023, pedestrian crashes remain a serious safety issue in Virginia and across the country.
If you were injured while walking in Gloucester County or anywhere in Virginia, contact GibsonSingleton Virginia Injury Attorneys at (804) 413-6777 to discuss your case. Our team handles pedestrian accident claims throughout Virginia with no upfront attorney’s fees. Ask us how case costs and expenses are handled.
Many pedestrian claims arise when distracted, impaired, or speeding drivers fail to yield. If this negligence causes a crash, the driver may be held legally liable.
Drivers who are texting, using a phone, or impaired by alcohol or drugs may be less likely to notice a pedestrian in or near the roadway. These facts can play an important role in a pedestrian injury claim when evidence shows that distraction or impairment contributed to the crash.
Under Virginia Code § 46.2-924, a driver must stop when a pedestrian crossing a highway is in the driver’s lane or in an adjacent lane and approaching the driver’s lane. This duty applies at clearly marked crosswalks, at regular pedestrian crossings that extend from the sidewalk at the end of a block, and at intersections when the driver is approaching on a highway with a speed limit of 35 miles per hour or less. Crosswalk and turning crashes often require a close review of traffic signals, road markings, vehicle position, and witness accounts.
Higher vehicle speeds dramatically increase both the likelihood and severity of a pedestrian collision. Residential streets, school zones, and parking lots are common locations for speed-related pedestrian crashes throughout the Gloucester County area.
Nighttime accidents account for a disproportionate share of pedestrian fatalities. Unmarked crossings, poorly lit intersections, and roads without sidewalks all contribute to reduced driver visibility. Some rural roads near Gloucester County may have limited lighting, shoulders, sidewalks, or marked crossings, which can increase pedestrian risk.
Ken Gibson is a former Assistant Commonwealth’s Attorney in Norfolk and a former federal prosecutor at the U.S. Department of Justice in Washington, D.C., where he served as Deputy Chief of the Special Litigation and Criminal Sections in the Civil Rights Division. He received a certificate of commendation from FBI Director Robert S. Mueller, III, and earned multiple Special Achievement Awards for Outstanding Performance from the Department of Justice between 2004 and 2009. Ken is a graduate of the University of Virginia and the University of South Carolina School of Law, where he was a member of the South Carolina Law Review and the Order of the Wig and Robe. He served in the United States Marine Corps Reserves from 1991 to 1995.
Ken also knows what it is like to be an injury victim. In his early 20s, his car was hit by a drunk driver, and he spent several months in physical therapy. That personal experience drives his commitment to fighting for clients dealing with insurance companies after a serious accident. Ken is an active member of the Virginia Trial Lawyers Association and the American Association for Justice, serves on Gloucester County’s Board of Supervisors representing the Petsworth District, and is a former president of the Gloucester Point Rotary Club.
John Singleton served in the U.S. Marines in China and Beirut, Lebanon, before building his legal career. Originally from Charleston, West Virginia, John earned his law degree from Mercer University Law School in Macon, Georgia, and his undergraduate degree from Colby College in Waterville, Maine.
John learned his trial skills working for a large insurance defense firm, giving him direct knowledge of how insurers evaluate and fight claims. He uses that insight to give his clients a strategic advantage in settlement negotiations and at trial. John also serves as a Special Justice for the Ninth Judicial Circuit, hearing adult mental health commitment matters, and is active in the Middle Peninsula Bar Association, The Fairfield Foundation, and the Gloucester-Mathews Care Clinic.
Several roads in Gloucester County and the surrounding area may be especially challenging for pedestrians because of higher traffic speeds, limited shoulders, and few sidewalks or crosswalks. These roadway conditions help explain why pedestrian crashes in the region can lead to severe injuries.
Collisions on Route 17, Route 198, Route 14, Hickory Fork Road, Guinea Road, Ware Neck Road, T.C. Walker Road, and other Gloucester County roads have put pedestrians at serious risk. Route 17, which crosses the York River via the Coleman Bridge at Gloucester Point, carries heavy traffic through commercial and residential areas where pedestrians are regularly present. Many of these roads have speed limits of 45 to 55 miles per hour with no sidewalks, leaving walkers exposed to fast-moving vehicles.
Because Route 17 is one of Gloucester County’s busiest transportation corridors, our Route 17 crash lawyer page discusses common collision risks, traffic patterns, and liability issues. For additional local context, see our Gloucester County Route 17 crash data analysis, which examines crash trends and safety concerns along the corridor.
The force of a pedestrian collision can affect nearly every part of the body, and the resulting injuries often shape the medical care, recovery time, and compensation involved in the claim.
A pedestrian struck by a vehicle may hit the pavement or the vehicle itself with enough force to cause a traumatic brain injury. TBIs can result in permanent cognitive impairment, memory loss, and personality changes that require lifelong care.
The impact of a vehicle can fracture or dislocate vertebrae, damaging the spinal cord. Depending on the location and extent of the damage, the victim may face partial or complete paralysis.
Leg fractures, pelvic fractures, and broken ribs are among the most common pedestrian accident injuries. These injuries frequently require surgery and months of physical rehabilitation.
Blunt force trauma from a vehicle impact can cause internal bleeding and organ damage. These injuries may not be immediately apparent at the scene, which is why prompt medical evaluation after any pedestrian accident is critical.
When a pedestrian accident is fatal, surviving family members may have a wrongful death claim under Virginia law. These cases require careful review of the family’s losses, the available evidence, and the applicable filing deadline.
The steps you take immediately after a pedestrian accident affect your ability to recover compensation. Preserving evidence, documenting the scene, and seeking prompt medical care all strengthen your claim against the at-fault driver.
Call 911 immediately, even if your injuries seem minor. Many pedestrian accident injuries, including concussions and internal bleeding, have delayed symptoms. A medical record created the day of the accident links your injuries directly to the crash. Because pedestrian crashes can cause injuries that are not immediately visible, our medical tests after a car accident guide explains when X-rays, CT scans, MRIs, EMGs, and other diagnostic tests may be used to evaluate and document crash-related injuries.
If you are physically able, photograph the accident scene, your injuries, the vehicle involved, and any relevant traffic signs or signals. Collect the driver’s name, insurance information, and license plate number, and get contact information from any witnesses.
Under Virginia Code § 46.2-894, the driver who struck you has a legal duty to stop, provide identifying information, and render reasonable assistance. If the driver leaves the scene, report the hit-and-run to law enforcement immediately.
Before giving a recorded statement to any insurance adjuster, consider speaking with an attorney. Statements to the at-fault driver’s insurer can be used to dispute liability or damages, and your own policy may contain separate cooperation requirements.
Speak with a car accident attorney who can evaluate the full value of your claim before accepting any settlement offer.
They Made a Stressful Situation Feel Manageable
Lisa Ward
Quevon Kinlow
I had the pleasure of working with Ken Gibson and his staff after a car accident, and I couldn’t be more pleased. From the very first consultation, they made me feel confident and well-represented. The entire process was smooth, and they kept me updated every step of the way…
Shelley Kinser
Your Recovery Starts with the Right Team
Military precision meets compassionate advocacy, no fees unless we deliver results for you.
Virginia law creates several driver duties when pedestrians are crossing a roadway or approaching a sidewalk.
Under Virginia Code § 46.2-924, drivers must stop for a pedestrian crossing a highway when the pedestrian is in the driver’s lane or in an adjacent lane and approaching the driver’s lane:
Under Virginia Code § 46.2-826, a driver entering a public highway or sidewalk from a private road, driveway, alley, or building must stop and yield to pedestrians approaching on the public sidewalk.
A driver’s violation of a pedestrian safety statute may support a negligence claim when the injured pedestrian is within the class of people the law was meant to protect, the injury is the type of harm the law was designed to prevent, and the violation helped cause the crash.
Virginia follows a pure contributory negligence rule, one of the strictest standards in the country. Under this rule, if the injured pedestrian’s own negligence is found to be a proximate cause of the crash, the pedestrian may be barred from recovering compensation, even if the driver was also negligent. Insurance companies know this and routinely argue that the pedestrian was jaywalking, distracted by a phone, wearing dark clothing, or otherwise contributed to the collision.
This is why evidence collection and legal strategy are essential in Virginia pedestrian injury cases. We work to establish that the driver was solely at fault by gathering surveillance footage, witness statements, police reports, and accident reconstruction data. Our team can analyze the facts of your accident and build the strongest possible case.
Key Takeaway: Virginia’s contributory negligence rule can bar recovery if the pedestrian’s own negligence is found to be a proximate cause of the crash, even if the driver was also negligent.
Support You Can Count On After an Accident
Barbara Deaver
Ken Gibson and John Singleton are first class attorneys. They are professional, dependable, family oriented, and down to earth people. They will work with you to make sure you get quality representation at a fair price. I have had representation from each of them, both with winning outcomes…
Taffi Simone
On April 14, 2021, I was in a vehicle accident, my leg was broken. I was taken to the hospital for surgery, now I have four screws and wire in my leg. I didn’t know anything about lawyers. I was at dinner one night; my leg was in a brace the owner asked me what happened. I told him and he recommended GibsonSingleton….
Bo Dixon
Virginia law allows injured pedestrians to seek compensation for the full impact of their injuries. Available damages depend on how the crash affected your health, work, daily life, and long-term needs.
Economic damages cover the measurable financial losses caused by the accident. These include current and future medical bills, lost wages, rehabilitation costs, assistive devices, and long-term care expenses.
Non-economic damages compensate for harm that does not carry a specific price tag. These include physical pain and suffering, emotional distress, loss of enjoyment of life, and scarring or disfigurement.
When a pedestrian accident is fatal, Virginia’s wrongful death statute allows surviving family members to seek compensation for funeral and burial expenses, loss of the decedent’s income and financial support, and the sorrow and mental anguish caused by the loss. These claims must be filed within the applicable statute of limitations, and an attorney can ensure all eligible family members are properly included.
For more detail on how pedestrian injury claims are valued, our guide to the average car accident settlement in Virginia explains how factors such as injury severity, medical bills, lost income, liability disputes, and available insurance coverage can affect the settlement value.
Key Takeaway: Injured pedestrians may be able to recover compensation for medical bills, lost income, pain and suffering, and other losses, but the value of a claim depends on the severity of the injuries, available insurance, and the evidence proving fault.
Virginia law gives injured pedestrians a limited time to file a personal injury lawsuit. Once that deadline passes, the injured person may lose the ability to bring the claim in court.
Under Virginia Code § 8.01-243, the statute of limitations for a personal injury action is two years from the date of the accident. If you do not file a lawsuit within that two-year window, the court will almost certainly dismiss your claim.
Limited exceptions may apply, but they should not be assumed. If the injured person is a minor, Virginia law may toll the limitations period during the age of minority, unless an exception applies. For most personal injury claims, the deadline generally begins when the injury is sustained, not when the full extent of the harm is discovered. A lawyer should review any possible tolling issue before relying on it.
Evidence also deteriorates over time. Witnesses forget details, surveillance footage is deleted, and physical evidence at the scene changes. Our team can review your case and file your claim within the deadline.
Key Takeaway: You have two years from the date of your pedestrian accident to file a personal injury lawsuit in Virginia under § 8.01-243. Evidence degrades quickly, so contact a lawyer as soon as possible after the crash.
Not all drivers who hit pedestrians stay at the scene, and not all carry adequate insurance. Virginia law addresses both situations, but pursuing compensation requires prompt action and thorough investigation.
Under Virginia Code § 46.2-894, a driver involved in an accident that causes injury or death must immediately stop, provide identifying information, and render reasonable assistance. Leaving the scene is a serious criminal offense with penalties that depend on the severity of the resulting harm.
The following penalties apply under § 46.2-894 for accidents involving injury, death, or damage to attended property.
| Circumstance of Hit-and-Run | Classification | Potential Penalty |
|---|---|---|
| Accident causes injury or death | Class 5 felony | 1 to 10 years in prison, or up to 12 months in jail and a fine up to $2,500, either or both |
| Property damage is more than $1,000 | Class 5 felony | 1 to 10 years in prison, or up to 12 months in jail and a fine up to $2,500, either or both |
| Property damage is $1,000 or less | Class 1 misdemeanor | Up to 12 months in jail and a fine up to $2,500, either or both |
If the driver who struck you fled the scene, report the incident to law enforcement immediately and document everything you can recall, including the vehicle’s make, model, color, and direction of travel. Your own automobile insurance policy may include uninsured motorist (UM) coverage that applies to you as a pedestrian, even though you were not in a vehicle at the time.
For more information about fleeing drivers, prompt reporting requirements, and John Doe claims, see our hit-and-run injury lawyer page. If uninsured or underinsured motorist coverage may apply, our UM/UIM coverage page explains how those claims work and what benefits may be available. Our team can assess your options for recovery after a hit-and-run or uninsured driver crash. Call (804) 413-6777.
We have recovered significant compensation for pedestrians injured across Virginia, including Gloucester County and the surrounding region. The following results reflect real cases handled by our firm.
Each case is handled based on its individual facts and circumstances. These results are not indicative of the outcome of any potential case. All case results depend upon a variety of factors unique to each case, and these results do not guarantee or predict a similar result in any future case undertaken by our firm. See more case results here.
GibsonSingleton Virginia Injury Attorneys represents pedestrian accident victims throughout Virginia from our office in Hayes, Gloucester County. We handle claims in the following areas and beyond:
If you were struck by a vehicle while walking anywhere in Virginia, contact us at (804) 413-6777 to discuss your situation and explore your legal options.
Schedule a Free Consultation
If you or someone you love was struck by a vehicle while walking, whether on Route 17 in Gloucester County, in a parking lot, or anywhere across Virginia, you should not have to face the insurance companies alone. The decisions you make now directly affect your ability to recover fair compensation for your injuries.
At GibsonSingleton Virginia Injury Attorneys, we provide personal attention to injured pedestrians and families throughout Gloucester County, the Middle Peninsula, and communities across Virginia.
Call us now at (804) 413-6777 or toll-free at (855) 781-6777 to schedule your free consultation. Our office is located at 4073 S George Washington Mem Hwy, Hayes, VA 23072, and we serve clients throughout Gloucester County, the Chesapeake Bay region, Mathews, Middlesex, the Northern Neck, and the Hampton Roads area.
Yes. If the driver’s negligence caused the crash, you may be able to bring a personal injury claim. A lawyer can review the facts, identify who may be liable, and determine what damages may be available.
Virginia’s contributory negligence rule can make partial fault a major issue. If the pedestrian’s conduct legally contributed to the crash, recovery may be barred, which is why liability evidence is especially important.
The value depends on the severity of your injuries, your medical costs, your lost income, and how the accident has affected your daily life. There is no standard average because every case involves different facts. A lawyer can evaluate your specific situation.
Most Virginia pedestrian injury lawsuits must be filed within two years of the accident. Because exceptions are limited and evidence can disappear quickly, it is important to review the deadline as early as possible.
You may still have a source of recovery through uninsured motorist coverage or another applicable insurance policy. An attorney can review the available policies and determine which coverage may apply.
Insurance companies have experienced adjusters and attorneys working to limit what they pay. A pedestrian injury lawyer can evaluate liability, preserve evidence, handle insurer communications, and help you understand whether a settlement offer accounts for your injuries and losses.
Call law enforcement as soon as possible and preserve any details that may help identify the vehicle or driver. A lawyer can help investigate the crash and review whether uninsured motorist coverage may apply.
No. Our firm handles pedestrian injury cases on a contingency fee basis, so attorney’s fees are tied to the outcome of the case. The initial consultation is free, and clients should ask how case costs and expenses are handled before signing a fee agreement.