Pedestrian Killed After Being Struck by Vehicle Near Mt. Pleasant Road [Chesapeake, VA]

A pedestrian died after being struck by a vehicle in Chesapeake early Sunday morning, October 4.

The crash happened at about 6:30 a.m. near the intersection of Mt. Pleasant Road and Doolittle Avenue. The pedestrian was pronounced dead at the scene. The Chesapeake Police Department’s Crash Reconstruction Team is investigating.

Police have not yet released the pedestrian’s name, information about the driver, or what led to the crash.

Our thoughts are with the family and loved ones of the person who lost their life.

What Virginia Law Says About Pedestrian Safety

Pedestrians are among the most vulnerable people on the road because they have little physical protection in a collision with a vehicle. Virginia law establishes responsibilities for both drivers and pedestrians when they share the roadway.

Drivers are required to maintain a proper lookout, operate at a safe speed for conditions, and yield or stop for pedestrians when Virginia law requires it. Pedestrians are also subject to rules governing where and how they cross roadways. Because police have not yet released information about what caused this Chesapeake pedestrian accident, it is too early to determine whether either party violated a traffic law or contributed to the collision.

What Families Should Know After a Fatal Pedestrian Crash

When a person dies because of another party’s negligence or wrongful conduct, Virginia law may allow a wrongful death claim to be brought by the personal representative of the deceased person’s estate on behalf of the statutory beneficiaries.

Depending on the circumstances, damages may include compensation for sorrow and mental anguish, loss of companionship and guidance, reasonably expected lost income and services, certain medical expenses related to the fatal injury, and reasonable funeral expenses.

A wrongful death claim is a civil case and is separate from any criminal proceeding. Families do not necessarily have to wait for a criminal case to conclude before learning about their legal options, and a civil claim may still be possible even if no criminal charges are filed.

Under Virginia Code § 8.01-244, a wrongful death action generally must be filed within two years of the date of death. Certain circumstances can affect how the filing deadline applies.

Virginia’s contributory negligence rule can also affect a pedestrian wrongful death claim. If the pedestrian was negligent and that negligence contributed to causing the crash, recovery may be barred. Determining fault requires examining the specific circumstances of the collision, including the applicable traffic laws and available evidence.

Talk With a Hampton Roads Wrongful Death Attorney

Losing a loved one in a sudden crash can leave families with questions about what happened, insurance coverage, and their legal options. The Stellute Law Firm represents families in wrongful death cases throughout Chesapeake and the greater Hampton Roads region. Contact The Stellute Law Firm today for a free, confidential consultation.

Frequently Asked Questions

Who is responsible when a pedestrian is hit by a car in Virginia?

Responsibility depends on how the crash happened. A driver may be responsible if negligence such as speeding, distracted driving, impairment, or failure to yield contributed to the collision. The actions of the pedestrian may also be relevant. Police findings, witness statements, video footage, and other evidence can help determine fault.

Can a family file a wrongful death claim after a pedestrian crash?

Potentially. If a pedestrian dies because of another party’s negligence or wrongful conduct, the personal representative of the deceased person’s estate may be able to bring a wrongful death claim on behalf of the statutory beneficiaries identified by Virginia law.

How long does a family have to file a wrongful death claim in Virginia?

A Virginia wrongful death action generally must be filed within two years of the date of death, although certain circumstances can affect the applicable deadline. Because evidence such as surveillance footage may not remain available indefinitely, preserving relevant evidence early can be important.

What if the insurance company claims the pedestrian was partly at fault?

Virginia’s contributory negligence rule may bar recovery if the pedestrian was negligent and that negligence contributed to causing the collision. Whether a pedestrian was negligent depends on the specific facts of the crash and the traffic laws that apply.

Does a criminal case have to end before a family can file a civil claim?

No. A wrongful death claim is a civil action and is separate from any criminal case. A family may be able to pursue a civil claim even if no criminal charges are filed, and civil and criminal cases involve different legal standards and procedures.

Sources: 13News Now; Virginia Code § 8.01-244; Virginia Code § 46.2-923; Virginia Code § 46.2-924