Legal Question in Traffic Law in Virginia

Re: Failure to yield to a Pedestrian

It is not clear from your question, but one issue may be if you could see from there that the person was actually crossing the street, as opposed to simply standing at the curb. Unless you have already admitted to the police officer that you saw the person crossing, and if you can say it honestly, you may as well go and demand a trial, and explain that the person was so far away you were not conscious of them crossing the cross-walk. For example, if someone had just stepped off the curb with one foot still on the sidewalk there does come a point where it is rather unrealistic for people to see someone starting to cross. The judge MIGHT (maybe) give you a break.

Re: Failure to yield to a Pedestrian

The general rule of thumb is that Pedestrians have the right of way in an intersection at all times. This makes sense if you think about the relative impact of a collision on a human body vs. on an automobile.

That said, you can only yeild to that which you are aware of. A person can not just run out into the street and expect you to magically stop.

There is also a question as to the existance of independant witnesses and their testimony.

Lastly, I'd suggest going to court and either pleading not guilty or no contest so as to avoid an admission of negligence which could later be used against you in a civil law suit.

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Re: Failure to yield to a Pedestrian

If the crosser had in fact entered the street it would have been your responsibility to yield to this person and if you failed to do so, the ticket would appear to have been warranted.(The

operator of a vehicle approaching a crosswalk under the circumstances which you've described is not free to proceed merely because the crosser is still on the other side of the road dividing line.

It's no different from the requirement that vehicles approaching a stopped school bus with red lights flashing must come to a complete stop even though the bus is on the other side of the street.)