Pedestrian struck on Evergreen Lane
A 57-year-old man was critically injured by a car while crossing Evergreen Lane near Alpine Drive in Annandale shortly before 7:30 p.m. on Oct. 31, says officer Tara Gerhard of the Fairfax County Police Department.
The driver stayed on the scene and has not been charged. The victim was transported to a hospital with life-threatening injuries. He was not in a crosswalk, and the area of dimly lit, Gerhard said. The police are not releasing further information as the incident is still under investigation.
Ellie, please ask the police for more information to follow up on this. Based on the initial comments it sounds like they are blaming the victim here, and may not have even interviewed him. The driver should have been driving no more than 25 miles an hour, particularly in poor visibility, but the driver more likely was moving too fast for conditions if the driver could not stop and particularly if the driver critically injured the victim. If the victim were at the intersection of Alpine before the driver hit him, THAT COUNTS AS A CROSSWALK, even if it is not painted.
§ 46.2-924. Drivers to stop for pedestrians; installation of certain signs; penalty.
A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
1. At any clearly marked crosswalk, whether at mid-block or at the end of any block;
2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block;
3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.
B. Notwithstanding the provisions of subsection A of this section, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.
No pedestrian shall enter or cross an intersection in disregard of approaching traffic.
The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.
Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.
At a crosswalk Virginia courts have held “the pedestrian has a superior right — that is, the right to cross from one side of the street to the other in preference or priority over vehicles — and drivers of vehicles must respect this right and yield the right of way to the pedestrian. The pedestrian's right of way extends from one side of the street to the other. It does not begin at any particular point in the intersection nor does it end at any particular point. It begins on one side of the street and extends until the pedestrian has negotiated the crossing.” (Marshall v. Shaw. Supreme Court of Virginia, 1955) (http://scholar.google.com/scholar_case?case=2476417758289562501&hl=en&as_sdt=2&as_vis=1&oi=scholarr)
"The duty of a motor vehicle driver on approaching an intersection is to keep a vigilant lookout for pedestrians between curbs on the traveled portion of the highway, and when pedestrians are negotiating the crossing, or about to step from the side into traffic lanes, to operate his car at such speed and under such control that he can readily turn one way or the other, and, if necessary, bring his machine to a stop in time to avoid injury to pedestrians." (Sawyer v. Blankenship, Supreme Court of Virginia, 1933) (http://va.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19330615_0040113.VA.htm/qx)
None of this, naturally gives a pedestrian the right to jump in front of traffic too close to stop. The police will probably only interview the driver in such a case.
We've had a lot of pedestrian deaths and injuries around here. Are our local finest doing any sting operations at crosswalks? Or is that just not glamorous enough for them?
The pedestrian was near the intersection – not AT the intersection according to the report. There is a marked crosswalk not far from there – that the pedestrian has an obligation to use. If the driver was not charged then they were probably not speeding. But I love how people assume facts that are not part of the report.
Thank you!
Why don't we install the lights that the pedestrian can push at crosswalks like they have in Arlington? They seem to work really well. We have a huge problem with people just running across roads. And with shorter days it is dangerous.
Are you going to pay for them all?
Why do we always blame the driver? I am a driver and a pedestrian. I NEVER assume a driver is going to automatically stop just because I am a pedestrian. This is my life and I should have an obligation as well to be responsible enough and use good judgment. As well, when a person is crossing a cross walk, the driver should come to a full complete stop and wait for the pedestrian to completely walk across. We can't assume.
Bingo. Thank you.
My understanding is cars have the right of way above 35 MPH, not pedestrians
It's my understanding the victim may have suddenly swerved in the path of the vehicle by accident. I do not know about speed but if you get hit head on at 30mph you're in trouble. Alcohol was involved but not the driver.
People driving around in Annandale with no lights on totally blacked out vehicles with only the lite glowing off their cell phones onto their faces.