Fairfax County police are still looking for the driver of the vehicle that struck and killed Daniel Serrano on December 29, 2018.
According to news reports, Daniel was on his way home from work crossing eastbound on South Lakes Drive at Castle Rock Square when he was hit by a car. Based on a Google Map search, it appears there is a marked crosswalk at that intersection:
Virginia has several laws governing the conduct of vehicles with respect to pedestrians. The laws also provide requirements for pedestrians to follow.
For example, under Virginia Code § 46.2-926:
No pedestrian shall step into a highway open to moving vehicular traffic at any point between intersections where his presence would be obscured from the vision of drivers of approaching vehicles by a vehicle or other obstruction at the curb or side. The foregoing prohibition shall not apply to a pedestrian stepping into a highway to board a bus or to enter a safety zone, in which event he shall cross the highway only at right angles.
It appears this code section would not apply to Mr. Serrano’s case because there is a marked crosswalk with a pedestrian crossing sign at this intersection. However, under § 46.2-923, pedestrians, “shall cross, wherever possible, only at intersections or marked crosswalks.” Pedestrians can even cross where there is no marked crosswalk if that crossing point “is the most direct route.”
Under Virginia Code § 46.2-924, the driver of any vehicle has to yield the right-of-way to any pedestrian crossing such roadway “[a]t any clearly marked crosswalk, whether at mid-block or at the end of any block.” A driver must also stop 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.
At this time, it is unclear how this tragic incident occurred, but it displays a disturbing trend in Reston. In June 2018, a pedestrian was struck and killed on Baron Cameron Avenue. In May 2018, a woman was hit and killed near Reston Town Center while crossing the street at Reston Parkway and Bluemont Way.
The attorneys at Ketterer, Browne, and Anderson have handled difficult claims where pedestrians were struck in the street. If you or a loved one have been injured as a pedestrian, contact us for a free case evaluation.