Is Jaywalking Illegal in West Virginia? Crossing Rules and Fines

West Virginia's jaywalking rule is W. Va. Code § 17C-10-3. A pedestrian crossing a roadway "at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway," and between adjacent intersections with traffic-control signals in operation may cross only in a marked crosswalk. West Virginia makes a violation of the pedestrian article a misdemeanor, with a fine of not more than $100 for a first conviction, not more than $200 for a second within a year and not more than $500 after that (§ 17C-10-7). Cities may also ban crossing outside crosswalks in business districts (§ 17C-10-1(b)). To compare other states, see our guide to jaywalking laws by state.

Information last verified on 2026-10-10. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers West Virginia state law: the pedestrian article of the motor vehicle code (W. Va. Code §§ 17C-10-1 to 17C-10-8), the signal sections §§ 17C-3-5 and 17C-3-6, the crosswalk definition in § 17C-1-43, and the arrest and notice-to-appear sections §§ 17C-19-3 and 17C-19-4. It also covers the controlled-access restriction in § 17C-7-13, the general penalty in § 17C-18-1 and magistrate court costs in § 50-3-2. It does not cover the text of any city ordinance, driving-record effects, injury claims after a crash, or the law of other states.

Is jaywalking illegal in West Virginia?

Under state law, crossing outside a crosswalk is generally a duty to yield: you may cross, but vehicles go first. One state rule is a flat ban (no crossing mid-block between signalized intersections except in a marked crosswalk), and a city can add a business-district ban by ordinance. The penalty is the part to watch: a breach of the pedestrian article is a misdemeanor.

Crossing outside a crosswalk

Section 17C-10-3 reads in full:

"(a) Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway. (b) Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles upon the roadway. (c) Between adjacent intersections at which traffic-control signals are in operation pedestrians shall not cross at any place except in a marked crosswalk."

Subsection (a) is a yield rule: a pedestrian who waits for a gap and lets vehicles pass meets it. Subsection (c) is a flat rule that applies only on a stretch between two adjacent intersections where signals are operating; there, the crossing must be in a marked crosswalk. Section 17C-10-3 has no subsection on diagonal crossing.

Controlled-access roadways are covered elsewhere in the chapter. Under § 17C-7-13, the state road commission and local authorities may prohibit pedestrians on a controlled-access roadway, and once official signs are erected "no person shall disobey the restrictions stated on such signs."

The tunnel and overpass rule in subsection (b) also changes the driver's duty. Section 17C-10-2(a), which makes drivers yield to pedestrians in crosswalks, says: "This provision shall not apply under the conditions stated in section three paragraph (b) of this article."

What counts as a crosswalk

West Virginia defines the term in § 17C-1-43, for the purposes of chapter 17C:

"'Crosswalk' includes: (a) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; and (b) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface."

Part (a) is built from "the lateral lines of the sidewalks on opposite sides of the highway." Part (b) covers painted crossings anywhere, "at an intersection or elsewhere." Once in a crosswalk, "Pedestrians shall move, whenever practicable, upon the right half of crosswalks" (§ 17C-10-5).

City rules: business districts and strict signal compliance

Section 17C-10-1 gives local governments two pedestrian powers:

"(a) Pedestrians shall be subject to traffic-control signals at intersections as provided in section five, article three of this chapter unless required by local ordinance to comply strictly with such signals, but at all other places pedestrians shall be accorded the privileges and shall be subject to the restrictions stated in this article. (b) Local authorities are hereby empowered by ordinance to require that pedestrians shall strictly comply with the directions of any official traffic-control signal and may by ordinance prohibit pedestrians from crossing any roadway in a business district or any designated highways except in a crosswalk."

So the state's yield-and-cross rule is a floor, not the last word. In a business district, or on a highway a city designates, a local ordinance can require a crosswalk. A city can also make pedestrians obey signals strictly, which matters because the state's red-light rule for pedestrians has a safety qualifier (below). Check your city's code before relying on the state rule downtown.

Walk and Wait signals and traffic lights

Where pedestrian signals are installed, § 17C-3-6 controls:

• Walk (subdivision (1)): "Pedestrians facing such signal may proceed across the roadway in the direction of the signal and shall be given the right-of-way by the drivers of all vehicles."
• Wait (subdivision (2)): "No pedestrian shall start to cross the roadway in the direction of such signal, but any pedestrian who has partially completed his or her crossing on the walk signal shall proceed to a sidewalk or safety island while the wait signal is showing."

Subsection (b) of § 17C-3-6 attaches its own penalty: "Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500."

Where there is no pedestrian signal, the ordinary light in § 17C-3-5 applies to "drivers of vehicles and pedestrians":

• On green: "Pedestrians facing the signal may proceed across the roadway within any marked or unmarked crosswalk."
• On steady yellow: "Pedestrians facing such signal are thereby advised that there is insufficient time to cross the roadway, and any pedestrian then starting to cross shall yield the right-of-way to all vehicles."
• On steady red: "No pedestrian facing such signal shall enter the roadway unless he can do so safely and without interfering with any vehicular traffic."

The red-light rule is not absolute in the state text: it bars entering the roadway unless the pedestrian can do so safely and without interfering with traffic. A city ordinance under § 17C-10-1(b) can require strict compliance instead.

What West Virginia drivers owe pedestrians

Section 17C-10-2 sets the crosswalk duty:

"(a) When traffic-control signals are not in place or not in operation the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger, but no pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield. This provision shall not apply under the conditions stated in section three paragraph (b) of this article. (b) Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle."

At working signals, the driver duties come from the signal sections instead: a pedestrian on Walk "shall be given the right-of-way by the drivers of all vehicles" (§ 17C-3-6). On a green light, "vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk" (§ 17C-3-5), and a driver turning right on red "shall yield the right-of-way to pedestrians lawfully within a crosswalk" (§ 17C-3-5). And everywhere, § 17C-10-4 applies: "Notwithstanding the foregoing provisions of this article every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any confused or incapacitated person upon a roadway." Because § 17C-10-7 covers "Any person violating the provisions of this article," a driver who breaks §§ 17C-10-2 or 17C-10-4 faces the same misdemeanor fine ladder.

Walking along the road and soliciting rides

Section 17C-10-6 provides:

"(a) Where sidewalks are provided it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway. (b) Where sidewalks are not provided any pedestrian walking along and upon a highway shall when practicable walk only on the left side of the roadway or its shoulder facing traffic which may approach from the opposite direction. (c) No person shall stand in a roadway for the purpose of soliciting a ride from the driver of any vehicle."

Jaywalking fine and penalty in West Virginia

West Virginia treats pedestrian violations as crimes. Section 17C-10-7 provides:

"Any person violating the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100; upon a second conviction within one year thereafter, shall be fined not more than $200; and upon a third or subsequent conviction, shall be fined not more than $500."

These are ceilings, not fixed fines; § 17C-10-7 sets no specific amount, and it states no jail term. Section 17C-3-5, which holds the pedestrian red and yellow light rules, has no penalty clause, so the chapter's general penalty in § 17C-18-1 applies to those rules, and it includes jail: "for a first conviction thereof be punished by a fine of not more than $100 or by imprisonment for not more than ten days."

Court costs are added on conviction. Under § 50-3-2(a), "In each criminal case before a magistrate court in which the defendant is convicted, whether by plea or at trial," the court imposes, in addition to the fine, costs of $60, an amount equal to the one-day regional jail per diem, and $30.

Because these violations are misdemeanors under chapter 17C, the chapter's arrest-procedure sections apply. Under § 17C-19-3(a), "Whenever any person is arrested for any violation of this chapter punishable as a misdemeanor, the arrested person shall be immediately taken before a magistrate or court" in listed cases, including "(1) When a person arrested demands an immediate appearance before a magistrate or court." Otherwise, under § 17C-19-4(a), "the arresting officer shall prepare written notice to appear in court." The notice contains the person's name and address, and the person "in order to secure release ... must accept a copy of the written notice" (§ 17C-19-4(a), (d)). A person who refuses to accept the notice, or who is a resident of a state that has not entered into a nonresident violator compact with West Virginia, is taken immediately before a magistrate or court (§ 17C-19-3(a)(6), (7)). A misdemeanor charge is a criminal matter, so a citation is worth taking seriously.

The pedestrian article, §§ 17C-10-1 through 17C-10-8, contains no provision limiting when police may stop a pedestrian for one of these violations.

If a pedestrian is hit by a car

Whether a pedestrian was crossing lawfully under § 17C-10-3 can come up after a collision, alongside the driver duties in §§ 17C-10-2 and 17C-10-4. For how fault and insurance work after a crash, see West Virginia car accident laws. Scooter riders follow their own rules, covered in West Virginia e-scooter laws.

Related pages

• Jaywalking laws by state
• West Virginia car accident laws
• West Virginia e-scooter laws
• Virginia jaywalking laws
• Pennsylvania jaywalking laws

This article provides general legal information about West Virginia law, not legal advice. For advice about a specific situation, contact a lawyer licensed in West Virginia.

Last updated: 2026-10-10.

Frequently Asked Questions

Is jaywalking illegal in West Virginia?

Crossing outside a crosswalk is allowed under state law if you yield the right-of-way to all vehicles, except between adjacent signalized intersections, where you must use a marked crosswalk (W. Va. Code § 17C-10-3). A city may by ordinance ban crossing outside a crosswalk in a business district or on designated highways (§ 17C-10-1(b)).

What is the fine for jaywalking in West Virginia?

Under § 17C-10-7 a pedestrian violation is a misdemeanor punishable by a fine of not more than $100, not more than $200 for a second conviction within one year, and not more than $500 for a third or later conviction. The section sets maximums, not a fixed amount.

Is jaywalking a crime in West Virginia?

Yes. Section 17C-10-7 makes a violation of the pedestrian article a misdemeanor, and § 17C-3-6 does the same for the Walk and Wait signal rules, with fines only. The red and yellow light rules for pedestrians in § 17C-3-5 have no penalty of their own, so the general penalty in § 17C-18-1 applies: a fine of up to $100 or up to 10 days in jail for a first conviction, rising to up to $500 or up to six months, or both, for a third or later conviction.

Can I cross against a red light on foot in West Virginia?

Facing a steady red with no pedestrian signal, a pedestrian may not enter the roadway unless it can be done safely and without interfering with any vehicular traffic (§ 17C-3-5). Where a Wait signal is showing, § 17C-3-6 bars starting to cross, and a city may require strict compliance with signals by ordinance (§ 17C-10-1(b)).

Can I cross in the middle of the block in West Virginia?

Under state law, yes, if you yield to all vehicles (§ 17C-10-3(a)), unless the block lies between adjacent intersections with operating traffic-control signals, where only a marked crosswalk is allowed (§ 17C-10-3(c)). In a business district or on a designated highway, a local ordinance may require using a crosswalk (§ 17C-10-1(b)).

Which side of the road should I walk on in West Virginia?

Use the sidewalk where one is provided (§ 17C-10-6(a)). Where there is no sidewalk, walk when practicable only on the left side of the roadway or its shoulder, facing oncoming traffic (§ 17C-10-6(b)).