There are strict laws in Washington when it comes to pedestrian safety. Notably, both drivers and pedestrians have a legal responsibility to exercise due care to prevent pedestrian crosswalk accidents. While drivers must yield to pedestrians in a marked or unmarked crosswalk, pedestrians are required to obey the traffic signals and yield to vehicles if they are crossing outside a crosswalk. If you were injured as a pedestrian crossing the street, you may be entitled to hold the driver accountable in a personal injury action — even if you were partly to blame for the accident.

What is Washington’s Crosswalk Law?

Under Washington’s crosswalk law, a driver is required to yield to a pedestrian in a marked or unmarked crosswalk. The term “pedestrian” includes any person who is on foot or using a wheelchair, power wheelchair, or other human-powered conveyance — such as a skateboard or scooter. Bicyclists are also treated as pedestrians under Washington law when they are in crosswalks.

When approaching a crosswalk, a driver must stop and remain stopped to allow a pedestrian to cross the street. Every intersection constitutes a crosswalk under Washington law, with very few exceptions. All motorists have a legal duty of care to pedestrians and others on the road to operate their vehicles safely at all times — and avoid causing harm to others.

What Responsibilities Do Pedestrians Have?

While Washington’s crosswalk law protects pedestrians, those who are on foot have responsibilities under the law as well. The statute specifies that it is unlawful for a pedestrian to suddenly leave a place of safety, such as a curb, and walk into the path of an oncoming vehicle that is so close the vehicle would not be able to stop.

Pedestrians are not permitted to cross the street in an unmarked crosswalk where a sign prohibits crossing. A pedestrian must also obey traffic control devices unless a police officer directs otherwise. This means following the “walk” and “don’t walk” signals or any traffic lights.

Can You Sue for a Pedestrian Crosswalk Accident?

Pedestrian accident injuries can be catastrophic since those on foot do not have the same protections as the occupants of vehicles. If you were struck by a vehicle as a pedestrian crossing the street, you may be eligible to recover your economic and non-economic damages from the at-fault driver in a personal injury lawsuit. However, you must be able to demonstrate that the driver was negligent.

The four elements of negligence that must be proven in a pedestrian crosswalk accident case include the following:

• Duty — You must establish that the at-fault driver owed you a legal duty of care to avoid causing you harm.
• Breach — You must demonstrate that the driver breached their duty of care by operating their vehicle in an unsafe manner or failing to abide by the traffic law.
• Causation — This element requires that you prove the driver’s breach of their duty of care was the direct cause of your injuries.
• Damages — You must have suffered actual harm or loss as a result of the driver’s actions. Damages can include physical injuries, monetary losses, and emotional distress.

In the event a driver broke the pedestrian crosswalk law (or another traffic law) and caused you to suffer injuries as a result of their violation, this may be used as evidence of negligence in court.

Can a Pedestrian Sue for Damages if They Are Partly to Blame?

If you were on foot and injured as a result of being struck by a vehicle, the at-fault driver will likely try to blame you for the accident. For instance, they may argue that your own negligence, failure to pay attention, or disregard for the traffic laws caused the accident. Importantly, Washington is a comparative negligence state. This means you can still recover compensation for the damages you suffered if you were partly to blame for the accident.

Any monetary recovery you receive would be reduced by your percentage of fault. Since Washington follows the “pure comparative negligence” doctrine, an accident victim can recover even if they were 99% to blame for the accident.

Contact an Experienced Washington Personal Injury Attorney

If you were injured as a pedestrian crossing the street, you may be eligible to file a personal injury action to recover the damages you suffered. However, these types of cases can be complex — and often involve claims of comparative negligence. It is crucial to have a skillful personal injury attorney by your side to ensure you receive the maximum compensation to which you are entitled.

The Bellingham personal injury attorneys at Robinson & Kole provide reliable representation to accident victims throughout Washington State for a wide range of personal injury matters, including pedestrian accidents, and work to obtain the best possible outcome in every case.