Fail to yield to pedestrian right of way

[labender]

What is the name of your state? VA

I was traveling downhill about to make a right hand turn. The pedestrian was moving very fast from across the street well before the crosswalk. I noticed him suddenly when he was in the other lane however there was no time to safely stop. It seems in hindsight that the pedestrian was in violation as they did not use the crosswalk and endangered himself by running into oncoming traffic. The officer was at least one car behind me and from his position saw the pedestrian head on as I saw him from the side. I did not even know why I was pulled over as the situation was self explanatory it seems. I live in a small college town where everyone stops for students crossing in the crosswalk. I had looked at the crosswalk I was crossing and saw no one so proceeded to turn. Please help I know I am not at fault but do not know how to approach a judge with my side. Thank you

 

[FlyingRon]

A cross walk is not required. As long as they are crossing at an intersection it is most likely covered. Pedestrians are not however to enter the roadway in "disregard of approaching traffic."

Here's the statue for the preparation of your defense:

§ 46.2-924. Drivers to stop for pedestrians; installation of certain signs; penalty.

A. The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:

1. At any clearly marked crosswalk, whether at mid-block or at the end of any block;

2. At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block;

3. At any intersection when the driver is approaching on a highway or street where the legal maximum speed does not exceed 35 miles per hour.

B. Notwithstanding the provisions of subsection A of this section, at intersections or crosswalks where the movement of traffic is being regulated by law-enforcement officers or traffic control devices, the driver shall yield according to the direction of the law-enforcement officer or device.

No pedestrian shall enter or cross an intersection in disregard of approaching traffic.

The drivers of vehicles entering, crossing, or turning at intersections shall change their course, slow down, or stop if necessary to permit pedestrians to cross such intersections safely and expeditiously.

Pedestrians crossing highways at intersections shall at all times have the right-of-way over vehicles making turns into the highways being crossed by the pedestrians.

C. The governing body of Arlington County, Fairfax County, the City of Fairfax, the County of Loudoun and any town therein, and the City of Alexandria, may by ordinance provide for the installation and maintenance of highway signs at marked crosswalks specifically requiring operators of motor vehicles, at the locations where such signs are installed, to yield the right-of-way to pedestrians crossing or attempting to cross the highway. Any operator of a motor vehicle who fails at such locations to yield the right-of-way to pedestrians as required by such signs shall be guilty of a traffic infraction punishable by a fine of no less than $100 or more than $500. The Commonwealth Transportation Board shall develop criteria for the design, location, and installation of such signs. The provisions of this section shall not apply to any limited access highway.