What is a Driver’s Liability When They Hit a Pedestrian?

In any contest between a two-ton vehicle and a person on foot, the outcome is devastatingly one-sided. Pedestrians are the most vulnerable people on our roads, and because of this, Washington State law places an extremely high duty of care on drivers to be vigilant and avoid a collision.

When a car hits a pedestrian in Tacoma or anywhere else, the legal starting point is almost always an examination of the driver’s actions. While a pedestrian also has a duty to be careful, the operator of a dangerous machine (a car) carries the heavier legal burden.

In most cases, the driver is found to be primarily or fully at fault. However, the determination of liability isn’t always automatic. It depends on the specific circumstances of the accident and a careful application of Washington’s right-of-way laws and the principles of comparative fault.

Useful Information for You: In a Nutshell

• Drivers Have a High Duty of Care: The law places a significant responsibility on drivers to be aware of their surroundings and yield to pedestrians to avoid a collision.²
  
   
• Pedestrians in Crosswalks Almost Always Have the Right-of-Way: A driver must stop and yield to a pedestrian in a crosswalk (marked or unmarked).³ Striking a pedestrian in a crosswalk almost always places the driver at fault.
  
   
• Pedestrians Also Have Duties: Pedestrians have a duty to not suddenly leave a curb and walk into the path of a vehicle when it is too close to stop.
• Comparative Fault Applies: If a pedestrian is also found to be negligent (e.g., by jaywalking or being distracted), their compensation can be reduced by their percentage of fault under Washington’s comparative fault rule.⁴
  
   
• Insurance Coverage is Key: The driver’s auto insurance (liability and PIP) is the primary source of compensation for an injured pedestrian.

The Driver’s Overarching Duty: To Exercise “Due Care”

Washington State law (RCW 46.61.245) is the foundation of driver liability. It states that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian…and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person.”

This “due care” standard is broad. It means a driver must do what a reasonably cautious person would do to keep others safe. This includes:

• Constantly scanning the road for people on foot.
• Slowing down in areas with high pedestrian traffic (like downtown Tacoma or near schools).
• Being prepared to stop suddenly.

The Deciding Factor: The Crosswalk

The most critical element in most pedestrian accident cases is the crosswalk. Washington law is very protective of pedestrians in crosswalks.

What is a “crosswalk”? It’s important to know that a crosswalk exists at an intersection whether it is painted on the road or not. An “unmarked crosswalk” is the part of a public roadway at an intersection that is the natural extension of the sidewalk from one corner to the other.⁵

The Rule (RCW 46.61.235): The driver of a vehicle must stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk (marked or unmarked) 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 as to be in danger.⁶

In simple terms: if a pedestrian is in or near your path in a crosswalk, you must stop.⁷ Striking a pedestrian under these circumstances creates a very strong presumption that the driver was negligent and at fault.

Can a Pedestrian Ever Be at Fault? (Comparative Fault)

While drivers have a high duty of care, pedestrians are not immune from responsibility. A pedestrian also has a duty to exercise reasonable care for their own safety. If a pedestrian’s own negligence contributes to the accident, Washington’s pure comparative fault rule applies.⁸

This means a jury or insurance company will assign a percentage of fault to both the driver and the pedestrian, and the pedestrian’s compensation will be reduced by their percentage of fault.⁹

Common examples of pedestrian negligence include:

• Jaywalking: Crossing the street in the middle of a block where there is no crosswalk.
• Crossing Against the Signal: Entering a crosswalk when the “Don’t Walk” signal is flashing.
• Darting into Traffic: Suddenly leaving a curb or stepping out from between parked cars, leaving a driver no reasonable amount of time to stop.
• Being Distracted: Walking while looking down at a phone and not paying attention to traffic.

For example, if a pedestrian is jaywalking and is hit, they might be found 40% at fault. If their total damages were $100,000, they could still recover $60,000 from the driver’s insurance.

The injuries in a pedestrian accident are often catastrophic.¹⁰ Determining liability requires a deep investigation into the actions of both the driver and the pedestrian. If you or a loved one has been hit by a car in the Tacoma area, securing expert legal help is essential. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local attorneys who specialize in pedestrian accident cases and can fight to protect your rights to full and fair compensation.

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 Pattern Jury Instructions (WPI 70.07) – Pedestrian’s Duties—Crossing Roadway:The official instruction for juries explaining the legal duties and responsibilities of a pedestrian when crossing a street.

  https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2070.07%20Pedestrian’s%20Duties%20-%20Crossing%20Roadway.pdf