October is National Pedestrian Safety Month, a time to reflect on our shared responsibility to keep our roads safe for everyone. But here in Southside Hampton Roads, October brings a less celebrated reality: sun glare and early twilight create some of the year’s most dangerous conditions for pedestrians.
As the sun goes down, commuters heading home along Virginia Beach Blvd, Shore Drive, Brambleton Ave, and Battlefield Blvd face near-blinding glare during the evening rush. Minutes later, that glare gives way to abrupt darkness—and pedestrians in dark clothing become nearly invisible. The result is a predictable spike in crosswalk accidents that impact Norfolk, Virginia Beach, Chesapeake, and Portsmouth neighborhoods alike.
Driver Duties vs. Driver Excuses: What Virginia Law Actually Says
Virginia law is clear about a driver's responsibility to pedestrians. Under VA. Code § 46.2-924, drivers must stop for pedestrians in crosswalks, and they cannot pass a vehicle stopped at a crosswalk. When a pedestrian is crossing legally, the driver must yield—no exceptions.
So what happens when a driver says, "I couldn't see because of the sun glare"?
The reality is that this is not a legal defense—it is an admission of failing to maintain a proper lookout. Drivers must control their speed, use their visor, and take other reasonable steps when glare or darkness impairs visibility. Saying "I couldn't see" does not excuse failing to slow down and exercise caution under conditions obvious to any reasonable driver.
The same reasoning holds true in the case of "it was getting dark". Twilight is something that can be expected; all drivers know that visibility decreases when the sun sets. Failing to account for that amounts to a lack of due care, not a defense against liability.
At Kalfus & Nachman, we hold negligent drivers accountable when their excuses fail to match the law.
The 1% Contributory Negligence Defense: Why Each Detail Counts
Virginia follows a strict legal standard known as contributory negligence. If a pedestrian is found even 1% at fault for the accident, they can't claim any compensation. Insurance adjusters know this—and they exploit it aggressively.
After a crosswalk crash, the at-fault driver's insurer will look for any reason to pin fault on the walker:
- Dark clothing — "The pedestrian should have made themselves more visible."
- Mid-block crossing — "They weren't in a designated crosswalk."
- Phone use or distraction — "The walker wasn't paying attention."
Even a minor detail can be twisted to assign a tiny percentage of fault, which under Virginia law destroys the entire claim. This makes evidence preservation absolutely critical. The sooner you secure dashcam footage, the stronger your case will be.
For pedestrians injured in Southside Hampton Roads, the most valuable evidence often comes from:
- HRT bus dashcams — Transit vehicles frequently capture crosswalk areas.
- City traffic cameras — Norfolk, Virginia Beach, and Chesapeake operate cameras at major intersections.
- Private surveillance — Nearby businesses may have footage that shows the signal phase and driver behavior.
- Witnesses — Statements from independent witnesses who saw the collision and the light status.
This kind of evidence can vanish quickly, since many city cameras erase footage within a few days and private systems usually recycle recordings weekly. If you wait, then you will lose the proof.
Why October Is Different on Southside Corridors
The main roads on the Southside run westward, which makes the October glare particularly intense. When a driver travels west on Virginia Beach Blvd during the evening commute, they may have the sun directly in their windshield for several blocks before reaching a busy intersection for pedestrians.
Shore Drive presents the same challenge near the oceanfront, where pedestrians and cyclists cross without consistent street lighting.
Brambleton Ave in Norfolk and Battlefield Blvd in Chesapeake see heavy commuter volume at exactly the hour when twilight accelerates and pedestrian visibility plummets. These roadways combine high speeds, complex intersections, and a mix of pedestrians, cyclists, and vehicles—a recipe for serious injuries.
The types of injuries we see from these crashes are often devastating: traumatic brain injuries, spinal cord damage, pelvic fractures, and internal bleeding. Pedestrians have no metal frame to absorb impact. Even a low-speed collision can change a life forever.
This National Pedestrian Safety Month, share the road with care. If you or a loved one is struck by a vehicle in a Southside crosswalk, the days immediately following the crash are crucial. Kalfus & Nachman’s trusted pedestrian accident attorneys in Virginia know how to request and preserve dashcam and traffic camera footage before it is overwritten. We work with accident reconstruction experts and know how to counter the contributory negligence arguments insurers use to deny claims in Virginia. Call us for a free consultation today: 855-880-8163
