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Elevated Penalties when Injury or Death Results from Failing to Stop for a Pedestrian

As of July 1, 2025, a change to the Virginia code section concerning failure to stop for a pedestrian at a crosswalk makes it a class 1 criminal misdemeanor if a pedestrian is injured or killed while “lawfully crossing a highway” (§ 46.2-924(A)).

Previously under § 46.2-924, it was an infraction to fail to stop for a pedestrian who was using a clearly defined crosswalk. The new law adds new language, changing a violation of this statue to a class 1 criminal misdemeanor if the pedestrian is injured or killed. It adds:

“A violation of this section is a traffic infraction, except that a violation of this section that results in serious bodily injury, as defined in § 18.2-51.4, to or the death of a vulnerable road user, as defined in § 46.2-816.1, who is lawfully crossing a highway is a Class 1 misdemeanor” (§ 46.2-924(A), emphasis added).

Penalties for a class 1 criminal misdemeanor are considerably more strict than a traffic infraction. If a driver is found guilty of a class 1 criminal misdemeanor, they can be assessed a fine of up to $2,500.00 and receive a jail sentence of up to 12 months. If you have been charged with a class 1 criminal misdemeanor for violating § 46.2-924, one of our experienced traffic defense lawyers is available to speak to you regarding your rights and what you can do to protect them.

If you are charged with reckless driving in addition to failing to stop for a pedestrian, then the penalties associated with a reckless driving charge may include a 6 month license suspension in addition to a jail sentence or fine that is possible for a class 1 misdemeanor. Learn more about reckless driving defense here.

Read more about changes to Virginia’s Traffic Laws effective July 1, 2025.

Please call (757) DUI-HELP (757-384-4357) or use this link to book a free traffic law consultation.