As a Virginia personal injury attorney who has handled numerous bicycle and pedestrian injury cases, I find it amazing how many pedestrians walking along residential roads near my home are unaware that they are violating the law by walking with traffic. I've actually dismounted my bike and kindly explained to some of the folks I see routinely walking near my home that if a car tragically sideswiped one of them, they would have no valid personal injury claim because they were walking in the wrong direction, with traffic instead of against it as required.
A couple of groups thanked me and said they never knew that. But it's totally true. In the Commonwealth of Virginia, all pedestrians must walk facing or against traffic, not with the direction of traffic. Most Virginia bicyclists know they are supposed to ride with traffic and that they will not have a valid personal injury claim under normal circumstances if they ride against traffic.
This rule trips up more people than you might think, and the consequences in Virginia are unusually harsh. Norfolk has seen a steady increase in serious pedestrian crashes over the past few years. According to the City of Norfolk's official data, pedestrian-involved crashes rose from 17 percent of all fatal and serious injury crashes in 2021 to 21 percent in 2024. Non-vehicular commuters, the people who walk, bike, or take transit, make up about 8 percent of Norfolk commuters but accounted for roughly 28 percent of those killed or seriously injured in crashes in 2024.
At Shapiro, Washburn & Sharp, our Norfolk pedestrian lawyers have handled these cases for decades. A Norfolk pedestrian lawyer who works in this area understands how Virginia's pedestrian statutes, right-of-way rules, and contributory negligence law fit together, and how to defend a claim when the insurance company starts looking for any reason to deny it.
Is It Safe for Pedestrians to Walk in the Same Direction as Traffic?
If you were injured as a bicyclist or pedestrian in Norfolk, our legal team can file a claim for financial recovery on your behalf. Contact us today to schedule a free consultation with one of our experienced Virginia bicycle and pedestrian injury attorneys.
In the meantime, you can read up on state laws regarding the rights and responsibilities of pedestrians and bike riders to help ensure the safety of everyone on Virginia's roadways.
Bicyclists
Virginia driving laws apply to anyone operating a vehicle on the Commonwealth's roadways. This means that even people riding bicycles must obey the rules of the road.
Some basic laws that apply to bicycles include:
- Reflectors must be used when riding at night
- The use of appropriate hand signals is required when making turns
- Cyclists are permitted to ride on sidewalks
- Cyclists must obey the same driving laws as motor vehicles, including those pertaining to traffic lights, yield signs, and stop signs
What Is Virginia's Three Feet Rule?
In January 2021, Virginia enacted a new "three feet" rule. This law requires drivers to maintain a minimum of 3 feet of clearance between their vehicle and any cyclists they pass. In previous years, the minimum space was only 2 feet. The purpose of this law is to substantially decrease the number of bike accident-related injuries and fatalities, especially in heavily populated areas like Norfolk.
Police officers can issue a traffic citation to any motorist who fails to obey this law. If a driver is unable to pass a bicyclist at a safe distance of three feet or more, then it is unlawful for them to do so. Drivers who find themselves in this position should change lanes before passing.
Pedestrians
Cars, trucks, pedestrians, motorcycles, and bicycles need to share the road to help prevent injuries and accidents. In Virginia, a pedestrian is defined as someone on foot or, more precisely, anyone who is not operating a motor vehicle. In other words, a person riding a scooter or a skateboard, walking, or even roller skating is regarded as a pedestrian. A common misconception is that pedestrians in Virginia automatically have the right of way over cars. Although they do have certain protections under the law, they are also beholden to certain rules when sidewalks and crosswalks are present.
Where Can Pedestrians Legally Cross the Street in Virginia?
A pedestrian is only allowed to walk on a highway or roadway in the absence of a sidewalk. In this scenario, pedestrians are required to keep to the left-hand side of the roadway and walk on the shoulder if there is enough room, or against oncoming traffic.
Virginia does give pedestrians on sidewalks the right of way. Legal action may be warranted if a driver loses control of their vehicle and hits a pedestrian on the sidewalk. Pedestrians also have the right of way in a crosswalk provided they follow the crossing signals, if present. Drivers are expected to come to a full stop for pedestrians at marked and unmarked crosswalks until they cross the road.
Pedestrians may not enter a roadway open to traffic from a place where they are not readily visible. If a driver's view of a pedestrian is restricted, and they collide with a pedestrian stepping into the street from an unmarked spot, the vehicle will have the right of way.
Why Virginia's Contributory Negligence Rule Makes These Cases Different
The walking-direction rule matters so much in Virginia because of the state's contributory negligence law. Most states use comparative negligence, which reduces an injured person's recovery by their percentage of fault but still allows them to recover something. Virginia is one of only a handful of jurisdictions that still applies the older contributory negligence rule. If you are even one percent at fault for your own injury, you are barred from recovering any compensation from the negligent driver.
That means an insurance company defending a pedestrian claim will scrutinize every detail. Were you walking with traffic or against it? Were you in a marked crosswalk? Did you cross against the signal? Were you wearing dark clothing at night? Were you visible from the driver's vantage point? Any one of those issues can be enough to defeat the claim entirely if the case isn't handled carefully.
This is why working with an experienced injury attorney matters so much. Always consult an experienced pedestrian accident attorney after a vehicle-pedestrian collision.
A Firm With Decades of Pedestrian Injury Experience
Shapiro, Washburn & Sharp is a personal injury law firm in Virginia Beach backed by over four decades of legal knowledge and experience. Our attorneys have written and lectured on personal injury law, and several members of our team have been recognized by peer-review organizations for their work on behalf of injured pedestrians and crash victims.
If you were involved in a bicycle or pedestrian accident for which you were not at fault, a skilled Norfolk pedestrian lawyer from Shapiro, Washburn & Sharp can help. The role of a personal injury lawyer extends beyond filing papers and initiating a lawsuit. It includes supporting clients through a difficult time by shouldering the legal aspects of their burden.
Our attorneys have helped pedestrian accident victims recover meaningful compensation, including a $300,000 settlement we obtained for a retired school administrator who suffered forearm and lower leg fractures when a negligent driver struck him in a marked crosswalk near the intersection of Colley Avenue and Spotswood Avenue in Norfolk.
Schedule a free case review by calling Shapiro, Washburn & Sharp at 833-997-1774. Our firm has offices in Virginia Beach, Portsmouth, Suffolk, Hampton, Norfolk, and Chesapeake, and we're proud to serve injured pedestrians and their families throughout Hampton Roads.
