What to know first. Under Virginia law a motorist must stop for a person using a marked crosswalk in the situations the statute describes, and a cyclist being overtaken gets a three-foot cushion.
Crosswalks
Section 46.2-924 requires drivers to stop when a pedestrian crossing the highway in a marked crosswalk is in the driver’s lane, or in an adjacent lane approaching the driver’s lane, and it also applies at certain intersections without marked crosswalks where the speed limit is 35 miles per hour or less. The statute has more detail than a short summary can cover, including rules about crossing outside a marked crosswalk and about pedestrians who suddenly leave a curb. The point for someone who has just been hit is simpler. Where you were standing, whether the crossing was marked, what the light showed and how far the car was when you stepped off the curb all matter.
Photograph the crossing, the signals, the street lighting and your clothing if you can, and go back in daylight if the crash was at night and you could not do it safely then. Lighting and sight lines are often the heart of these cases. A dark stretch of Shore Drive and a bright block near the Oceanfront can look very different to a jury, or to an adjuster who later argues that you were hard to see.
Passing cyclists
Section 46.2-839 requires a driver overtaking a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, animal or animal-drawn vehicle to pass at a reasonable speed at least three feet to the left, and not to move back until safely clear. A close pass that ends with a sideswipe or a fall is a common bike claim. So is a driver who turns across a bike lane or a shoulder without yielding. Keep the bike, the helmet and any damaged gear, just as a motorcyclist should, and photograph the road, the lane markings and any bike lane or shoulder.
Where it happens
The Oceanfront, Atlantic Avenue and Shore Drive draw heavy foot and bike traffic, especially in summer. Great Neck Road and the streets that feed it have crossings near shopping and neighborhoods, with a different mix of commuters and local errands. A visitor on a rental bike and a resident walking a dog are both covered by the same statutes. What changes is who is around to see the crash, and how quickly those people leave town.
If the driver fled, read the hit-and-run guide. A police report still matters, and uninsured motorist coverage on a household auto policy may still apply even though you were not in a car.
Fault
A pedestrian or cyclist found partly at fault may be blocked under contributory negligence, so evidence of lighting, signals and clothing matters. Insurers look for arguments that someone crossed outside the lines, stepped out suddenly or rode at night without lights. Those arguments are not automatically true, and drivers still have a duty to use ordinary care. They are, however, dangerous in Virginia because there is no “mostly the driver’s fault” middle ground in an ordinary negligence case. See the fault guide.
Insurance when you were not in a car
Med pay and UM coverage on a household auto policy may apply even when you were walking or riding a bicycle. Ask about both. Health insurance should still be used to keep care going. Provider liens and repayment claims, described in the medical payments guide, can still attach to a later settlement.
What to do in the first hours
Call 911, even if you think you can walk it off. Ask for an officer and for medical help. If you can, collect the motorist’s name, plate and insurance card, plus contacts for anyone who lingered to help. A summer crowd on Atlantic Avenue will scatter quickly. A passing cyclist who saw the wreck may be gone in a minute. Write down clothing, bike color and anything that will help you find that person later.
Then get care, and call the auto carrier on a household policy, if you have one. Do not discuss fault in a long call with the other driver’s insurer in the first days. A sentence about “I should have waited” can be used to end a Virginia claim. Stick to what happened, and read the first-week guide for the rest of the practical list.
Questions people ask
What if I was outside a crosswalk? The claim can be harder, and contributory negligence becomes a larger risk, but drivers still must use care. The facts of speed, lighting and what the driver could have seen still matter.
Will my auto insurance help? Med pay and UM coverage may apply even when you weren’t in a car, if you are an insured person under the policy.
Should I go to the hospital if I got up and walked away? Yes, or get medical care that same day. Wrecks on foot or on a bicycle often cause injuries that are easy to shrug off in the first hour and serious the next morning.
What if a city bus or an HRT vehicle was involved? Shorter notice rules can apply. See claims against the city and HRT.
Parents should get care for a child who was walking or riding, even when the child seems mostly upset rather than hurt. A child’s claim has its own issues, including who can bring it and how a settlement is approved, so do not treat a parent’s conversation with an adjuster as the end of the matter.
Keep reading with contributory negligence and medical payments.