Legal Question in Traffic Law in Virginia

Failure to Yield to a Pedestrian

My grandfather struck a pedestrian a couple of weeks ago. He turned left on a green light and didn�t see a man crossing the intersecting road. He reported to the officer that the man was in the crosswalk, but the only witness did not see anything prior to impact. Fortunately, there is no known serious injury to the pedestrian. He was very upset (understandably) at the scene of the accident and was briefly treated and released at a nearby hospital. My grandfather�s windshield was shattered, but there was no other damage to him or his car. The charge for �Failure to Yield to a Pedestrian� will be heard at the Alexandria district court. He accepts fault in this and plans to plead �Nolo.�

What should be expected with this kind of case? How is such a case handled through the Alexandria court system? How should he prepare? Will he be asked to give a statement? If so, how long? What is the worst case scenario/maximum penalty for this (license revoked? education classes? big fine?). How long does the pedestrian have to file a civil suit? My grandfather is in good health, has a clean driving record and is experiencing much shock and remorse about this incident.


Asked on 8/29/06, 11:20 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Failure to Yield to a Pedestrian

This would be a simple case except for the fact that your grandfather struck and apparently injured a pedestrian in the crosswalk. In regard to the traffic infraction itself which is due to be heard in the Alexandria General District Court, I would surmise that your grandfather has little to fear; he should get off with a few points on his license and a modest fine.

His problems, however, may well later materialize, after the traffic case is done and gone, and when his victim may well decide to sue him for damages which he will have two years to initiate from the date of his injury.

It is for that reason that I would recommend that your grandfather hire an attorney now to represent him in the pending traffic matter and who will should be able to minimize the emergence of incriminating information from the traffic case which could later be used against your grandfather in a civil case for damages later filed by the injured pedestrian.

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Answered on 8/29/06, 11:50 pm


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