At a crosswalk. . .
Virginia Code §
46.2-924 specifically uses the phrase “at a crosswalk,” in other words the area where the pedestrian is waiting to cross, and not just the striped portion in the roadway. Yes, some signs say yield to pedestrians in a crosswalk, but “at a crosswalk” is in Virginia Code.
. . .does Virginia law require a driver to STOP for a pedestrian at a crosswalk or YIELD to him?
Yes. Sort of. Our Virginia legislators seem to be confused. Both STOP and YIELD are mentioned in the Virginia Code. Personal opinion is not worth anything on this, by the way. A judge's opinion would be of value. That is why those cases are cited below.
One Virginia judge, specifically addressing this, said essentially a driver should stop if he needed to. "if necessary, bring his machine to a stop in time to avoid injury to pedestrians."
Sawyer v. Blankenship, Supreme Court of Virginia, 1933
Why is the answer possibly STOP? The title of § 46.2-924 is “Drivers to stop for pedestrians.” Does STOP really mean STOP?
Why is the answer possibly YIELD? The very first line of the law says “The driver of any vehicle on a highway shall
yield the right-of-way to any pedestrian crossing such highway. . .”
By the way, Maryland’s unsignalized crosswalk law uses the word “STOP” and not the word yield. Maryland law reads: “The driver of a vehicle shall come to a
stop when a pedestrian crossing the roadway in a crosswalk is:
(i) On the half of the roadway on which the vehicle is traveling; or
(ii) Approaching from an adjacent lane on the other half of the roadway.
(b) A pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield.
(c) If, at a marked crosswalk or at an unmarked crosswalk at an intersection, a vehicle is stopped to let a pedestrian cross the roadway, the driver of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle.“
http://www.lawserver.com/law/state/maryland/md-laws/maryland_laws_transportation_21-502
So in Virginia, generally the pedestrian/bicycle rider has right-of-way at crosswalks, but the law also imposes a major responsibility on the crosswalk user not to hazard himself by entering in front of traffic too close to stop. Since Virginia is a contributory negligence state, if you were hit, you may have real problems collecting civil damages in proving that you followed that part of the law. Please
read more on
contributory negligence if that phrase does not alarm you in this context.
In one
Fairfax County crash referred to the Virginia Supreme Court in 2004, the jury essentially decided in favor of a driver who did not see a bicyclist in a sidepath along Braddock Road and eased his car out into the crosswalk, hitting and injuring the bicyclist who was proceeding through the crosswalk without having fully ascertained the driver had actually yielded the right of way to him. The jury determined the bicyclist acted with some degree of negligence in his crossing at the unsignalized crosswalk. As the court described it, “The right to proceed is to be tested by whether a person of ordinary prudence would attempt it.” Your peers on the jury are car drivers.
After all that, below are the only comments worth any weight in this discussion.
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)