Your Rights as a Pedestrian Hit by a Car in Washington State

In any collision between a multi-ton vehicle and a person on foot, the results are almost always devastating for the pedestrian. As our Tacoma-area communities encourage more walkability, the risk of these serious accidents unfortunately rises. When a pedestrian is hit by a car, the physical, emotional, and financial consequences can be life-altering.

If you or a loved one has been injured as a pedestrian, it is crucial to understand that Washington State law provides very strong protections for people on foot. Drivers have a significantly high legal duty to be aware of and yield to pedestrians in most situations.

Understanding your specific rights as an injured pedestrian is the first step toward holding the negligent driver accountable and securing the full compensation you need for your recovery.

Useful Information for You: In a Nutshell

• Drivers Have a High Duty of Care: Washington law requires drivers to “exercise due care” to avoid colliding with any pedestrian.
• You Have the Right-of-Way in Crosswalks: Drivers MUST stop and yield to pedestrians in all crosswalks, whether they are marked with paint or are “unmarked” extensions of the sidewalk at an intersection.
• Your Injuries are Covered by the Driver’s Insurance: The at-fault driver’s auto liability insurance is responsible for covering your medical bills, lost wages, and pain and suffering.
• The Driver’s PIP Coverage May Also Cover You: In Washington, a driver’s Personal Injury Protection (PIP) auto insurance can often cover the initial medical expenses of a pedestrian they have hit, regardless of fault.
• Comparative Fault Still Applies: While drivers have a high duty, pedestrians also have a duty to be careful. If a pedestrian is found partially at fault (e.g., for jaywalking), their compensation may be reduced.

The Driver’s Legal Duty to Protect Pedestrians

The foundation of a pedestrian accident claim rests on the driver’s legal responsibilities. The law recognizes the inherent power imbalance and places the greater burden of safety on the person operating the dangerous machine.

The Crosswalk is King (RCW 46.61.235):

This is the most important rule. In Washington, drivers are legally required to stop (not just slow down) for a pedestrian in a crosswalk. This applies to:

• Marked Crosswalks: The familiar white-striped crossings.
• Unmarked Crosswalks: At virtually any intersection where a sidewalk would naturally extend across the street, an “unmarked crosswalk” legally exists.

If a driver hits you while you are in a crosswalk, there is a very strong legal presumption that they were negligent and are at fault.

The General Duty of “Due Care” (RCW 46.61.245):

Even outside of crosswalks, drivers have a constant duty to be aware of their surroundings and “exercise due care” to avoid hitting anyone. This means they must be vigilant, especially in areas with high foot traffic like downtown Tacoma or near parks and schools.

Can a Pedestrian Be at Fault?

While the law is protective of pedestrians, it does not give them the right to walk into traffic carelessly. A pedestrian also has a duty to exercise reasonable care for their own safety. If a pedestrian’s actions contribute to the accident, Washington’s pure comparative fault rule will apply, reducing their compensation by their percentage of fault.

Examples of pedestrian negligence include:

• Jaywalking: Crossing a street in the middle of a block between intersections.
• Crossing Against a Signal: Entering a crosswalk when the “Don’t Walk” signal is displayed.
• Darting into Traffic: Suddenly stepping off a curb from between parked cars, leaving a driver no reasonable time to stop.

How Are Your Damages Paid?

If you are a pedestrian hit by a car, you do not use your own health insurance first. The primary sources of compensation are the driver’s auto insurance policies:

1. The Driver’s Personal Injury Protection (PIP): An injured pedestrian can often make a claim against the driver’s PIP coverage for immediate medical expenses, regardless of who was at fault.
2. The Driver’s Liability Insurance: The driver’s bodily injury liability policy is responsible for the full scope of your damages, including all medical bills, lost wages, and your pain and suffering.

The injuries in a pedestrian accident are often severe and the claims are complex. If you have been injured as a pedestrian in the Tacoma area, it is essential to have an experienced legal advocate on your side. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who specialize in pedestrian injury cases and can fight to protect your rights.

References

• Revised Code of Washington (RCW 46.61.235) – Crosswalks:

  The official state law that establishes a driver’s absolute duty to stop for a pedestrian in a crosswalk.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.235

• Revised Code of Washington (RCW 46.61.245) – Drivers to exercise due care:

  The state law that outlines the overarching duty for drivers to be vigilant and avoid colliding with pedestrians.

  https://app.leg.wa.gov/rcw/default.aspx?cite=46.61.245

• Washington State Department of Transportation (WSDOT) – Pedestrian Laws & Safety:

  Official state resource providing public information and guides on pedestrian safety and the laws designed to protect them.

  https://www.wsdot.wa.gov/travel/bicycling-walking/walking-in-washington/pedestrian-laws-safety