Pedestrian Accident Claims in West Virginia
When drivers in West Virginia must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.
Short answer: When traffic signals are not in place or working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half; W. Va. Code §§ 17C-10-2, 17C-10-3
| Pedestrian right-of-way | When traffic signals are not in place or working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half; pedestrians may not suddenly step into the path of a vehicle too close to yield, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent signalized intersections pedestrians may cross only in a marked crosswalk. |
|---|---|
| Fault rule (comparative negligence) | Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together. |
| Minimum car insurance | Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage. Source: W. Va. Code § 17D-4-2(b) |
| Deadline to sue for an injury | Two years after the right to sue accrues for damages for personal injuries. Source: W. Va. Code § 55-2-12(b) |
More West Virginia personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in West Virginia
- Wrongful Death Lawsuits in West Virginia
- Medical Malpractice Rules in West Virginia
- Car Accident Claims in West Virginia
- Dog Bite Liability in West Virginia
- Slip, Trip and Fall Injuries in West Virginia
- Sidewalk and Public Property Falls in West Virginia
- Motorcycle Accident Claims in West Virginia
- Bicycle Accident Claims in West Virginia
- Uber and Lyft Accident Claims in West Virginia
- Construction Site Injuries in West Virginia
- All West Virginia personal injury & wrongful death rules
FAQ
Who has the right of way, a pedestrian or a driver, in West Virginia?
When traffic signals are not in place or working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk on the driver's half of the road or approaching closely from the other half; pedestrians may not suddenly step into the path of a vehicle too close to yield, and drivers may not pass a vehicle stopped at a crosswalk for a pedestrian. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles, and between adjacent signalized intersections pedestrians may cross only in a marked crosswalk.
Can you recover damages if you were partly at fault in West Virginia?
Modified comparative fault (51% bar). An injured person's fault does not bar recovery unless it is greater than the combined fault of all others responsible; otherwise, recovery is reduced by the injured person's percentage of fault. Each defendant's liability is generally several only (each pays its own share), except for defendants who conspired together.
What is the minimum car insurance required in West Virginia?
Since January 1, 2016, proof of financial responsibility means at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage.
What is the statute of limitations for personal injury in West Virginia?
Two years after the right to sue accrues for damages for personal injuries.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.