Virginia’s right-of-way laws govern traffic flow and help minimize accidents by defining who has the right to proceed in a given situation. When drivers, pedestrians, or cyclists fail to follow right-of-way laws, they can disrupt the traffic flow nearby, which can cause an accident. Make sure you know the rules so you avoid causing crashes.
What Are Some of Virginia’s Right-of-Way Laws?
Virginia has many laws concerning when drivers, pedestrians, and bicyclists have the right-of-way on the road. Here are some of the most important laws to know.
Drivers
Virginia state law establishes which driver has the right of way under the following scenarios:
- Uncontrolled Intersections: When two vehicles approach an intersection without traffic signals or traffic control devices at the same time, the driver on the left must yield right-of-way to the driver on the right.
- Stop or Yield Signs: At intersections with stop signs, drivers must stop at the clearly marked stop line and yield to vehicles that do not have a stop sign or that preceded them to the stop sign. For yield signs, drivers must slow down and defer to vehicles without a yield sign as needed for safety.
- Circular Intersections: Vehicles already in a rotary have the right-of-way over vehicles entering the rotary.
- Uncontrolled “T” Intersections: At an uncontrolled “T” intersection, the driver on the terminating road must yield to traffic on the continuing road.
- Left Turns: When turning left, drivers must yield to oncoming traffic that is close enough to be a hazard.
- Entering from Private Roads: Drivers entering a public highway or sidewalk from a private road, driveway, or alley must stop and yield to traffic and pedestrians on the public road or sidewalk.
- Unlawful Speed: Drivers traveling at unlawful speeds forfeit any right-of-way they might have had.
Pedestrians
Here are some Virginia laws regarding when pedestrians do (or don’t) have the right-of-way:
- Crossing Highways: Pedestrians should cross highways at intersections or marked crosswalks whenever possible. They shouldn’t interfere with the flow of traffic and must use the most direct route when crossing between intersections.
- Drivers to Stop for Pedestrians: Drivers must stop for pedestrians at clearly marked crosswalks, regular pedestrian crossings, and intersections with speed limits of 35 mph or less. Drivers must not overtake and pass stopped vehicles yielding to pedestrians.
- Stepping Into Highways: Pedestrians should not step into highways where their presence is obscured from drivers’ vision by vehicles or other obstructions. This rule doesn’t apply if the pedestrian is boarding a bus or entering a safety zone, though pedestrians must cross the highway at right angles in these circumstances.
Contact our Virginia pedestrian accident lawyer today.
Bicyclists
The Virginia Department of Transportation has compiled a list of right-of-way laws and other rules for cyclists in the state. Here are some things to know:
- Rights and Duties: Cyclists on highways must follow the same traffic laws as motor vehicle drivers unless specified otherwise. On sidewalks, shared-use paths, and crosswalks, cyclists have the same rights and duties as pedestrians.
- Stopping at Crosswalks: Cyclists on shared-use paths crossing highways at marked crosswalks with stop signs must stop completely before entering. If no stop sign is present, cyclists must consider approaching traffic before entering the road.
- Riding with Traffic: Cyclists must ride in the same direction as traffic, keeping as close as safely possible to the right curb or edge of the road. Exceptions include passing another vehicle, preparing for a left turn, avoiding hazards, or riding on a one-way street.
- Restricted Roads: Cyclists cannot use interstates and certain controlled access highways unless there are barrier-separated bicycle or pedestrian paths.
- Sidewalk Riding: Cyclists can ride on sidewalks unless prohibited by local rules. On sidewalks, they must yield to pedestrians and give an audible signal before passing.
- Entering from Driveways: Cyclists must yield to pedestrians and vehicles when pulling onto a sidewalk or highway from a driveway.
- Passing: Cyclists may pass other vehicles when safe but should be cautious, especially when passing on the right. They must not ride between two lanes of moving traffic, except in designated turn lanes.
- Motorists and Cyclists: Motorists must give cyclists at least three feet of clearance when passing. If the lane is too narrow, they must change lanes to pass safely.
Contact our Virginia bicycle accident lawyer now.
Who Is Liable in a Virginia Right-of-Way Accident?
Typically, the driver, pedestrian, or cyclist who broke Virginia’s right-of-way laws is liable for a failure-to-yield accident. These laws exist to regulate the flow of traffic and minimize accidents. So, when someone doesn’t follow Virginia law and causes a crash, they are usually liable for any injuries that result.
Determining who is liable for an accident requires a careful review of each involved party’s actions and whether they violated any traffic laws. For example, drivers are supposed to watch out for pedestrians and avoid hitting them, particularly at crosswalks or intersections. However, if the pedestrian stepped into the street from an obstructed area outside of a marked crosswalk or intersection, they could be liable for an accident.
An experienced personal injury lawyer can investigate the accident and identify who’s liable for your injuries, losses, and medical expenses. Contact our Virginia car accident lawyer today.
What Should I Do If I Have Been a Victim of a Right-of-Way Accident?
Taking the following steps after a right-of-way accident can help you seek fair compensation while addressing your injuries:
- Report the Accident: Contact your insurance company as soon as possible to report the accident. Provide them with accurate details and cooperate fully with their investigation. However, avoid saying anything that might implicate you in the crash.
- Document the Accident: Keep detailed notes about the accident, your injuries, and how they affect your daily life. Take photos of your injuries and any damage to your vehicle to have visual evidence.
- Maintain Records: Keep a file with all your medical records, bills, repair estimates, and any other expenses related to the accident. This will help you calculate the compensation you’re owed.
- Consult an Attorney: Contact a personal injury attorney who can pursue your case while you heal.
- Avoid Discussing the Accident: Be cautious about discussing the accident, especially on social media. Insurance companies can use anything you say against you in your case.
Contact a Virginia Right-of-Way Accident Lawyer Now
The Virginia right-of-way accident attorneys with Marks & Harrison are ready to help you fight for fair compensation. Call us today or complete our contact form for a free consultation.
