The driver responsible for the murder of Daniel Serrano is still not in police custody. Serrano, a Fairfax County resident, was killed on December 29, 2018 in a fatal pedestrian accident.
According to news reports, the incident occurred while Serrano was walking home from work. He was struck and killed by an unidentified driver as he was crossing eastbound on South Lake Drive in Castle Rock Square. The exact location where Serrano was hit by the vehicle is unclear, however a marked crosswalk exists at this intersection.
Virginia Vehicle & Pedestrian Laws
The state of Virginia has laws in place to govern how vehicles must operate when pedestrians are near and what pedestrians should do when near traffic and moving vehicles.
Under the 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.”
This law indicates that a pedestrian should not be walking through a highway with moving traffic when it is difficult for drivers to see the pedestrian. Since there was a marked crosswalk at the intersection where Serrano was struck, this code does not apply.
Under the Virginia Code § 46.2-923:
“When crossing highways, pedestrians shall not carelessly or maliciously interfere with the orderly passage of vehicles. They shall cross, wherever possible, only at intersections or marked crosswalks. Where intersections contain no marked crosswalks, pedestrians shall not be guilty of negligence as a matter of law for crossing at any such intersection or between intersections when crossing by the most direct route.”
Serrano had the right to cross at the intersection using the crosswalk and he could’ve even crossed where there was no marked crosswalk as long as the crossing point was the most direct route.
Under the Virginia Code § 46.2-924:
“The driver of any vehicle on a highway shall yield the right-of-way to any pedestrian crossing such highway:
- At any clearly marked crosswalk, whether at mid-block or at the end of any block.
- At any regular pedestrian crossing included in the prolongation of the lateral boundary lines of the adjacent sidewalk at the end of a block
- 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”
Since Serrano was at a crosswalk intersection it is clear that the driver who hit him violated this law and did not yield. This driver should have given the right-of-way to Serrano as he was crossing. Due to the driver’s negligence and failure to obey the law, Serrano was tragically killed in this pedestrian accident.
Pedestrian Accidents in Reston, VA
The death of Daniel Serrano displays an ongoing trend in Reston, VA. Two other pedestrian accidents occurred last year in the area. One incident, similar to Serrano’s, occurred in May 2018 where a 63-year-old woman named Glanetta Nunn was killed while crossing the street at Reston Parkway and Bluemont Way. Another incident occurred in June 2018 where a 71-year-old man was hit and killed by a car at the intersection of Baron Cameron Avenue and Fountain Drive.
Reston VA is not the only area with high numbers of deadly pedestrian crashes. More recently, in December 2018 a 25-year-old man named Diego Lopez was struck and killed at a crosswalk as he was crossing west on Centrewood Drive, near the Centrewood Plaza shopping center in Centreville, VA. Over the years, the Northern Virginia area has seen too many pedestrian deaths. Prince George’s County Police reported a total of 16 fatal pedestrian accidents in 2016 and three people were hit and killed on Route 1 in Fairfax County that same year. The National Highway Traffic Safety Association (NHTSA) has found that each year there are about 5,000 fatal pedestrian accidents.
Pedestrian accidents could be the result of a number of factors. Some of these factors include:
- Driver negligence
- Intoxicated drivers
- Distracted driving
- Pedestrian negligence
- Failing to use marked crosswalks
- Poor road design
- Weather conditions
Speak With a Pedestrian Accident Lawyer
The KBA Attorneys law firm has experience with all types of pedestrian accidents and wrongful death cases across the nation. We offer free case evaluations and always work on a contingency fee basis, so there is never a legal fee charged until there is a recovery for you. If you or a loved one have been injured as a pedestrian, call KBA Attorneys today.