Pedestrian Accidents in Washington State

Walking should be a safe and healthy activity, but when drivers are negligent, pedestrians can suffer severe or even fatal injuries. In Washington, hundreds of pedestrians are struck by vehicles each year, often in crosswalks, along road shoulders, or in parking lots. The human body is no match for a moving vehicle, so these accidents frequently result in broken bones, head injuries, or worse. This section explains Washington laws protecting pedestrians, what to do if you or a loved one is hit by a car, and how Church, Page, & Gailan can help Eastern Washington pedestrians get justice after an accident.

Washington law is very clear about the rights of pedestrians and the duties of drivers.

Pedestrian Rights and Driver Duties Under Washington Law

Washington law is very clear about the rights of pedestrians and the duties of drivers. Generally, pedestrians have the right of way at intersections and marked crosswalks. RCW 46.61.235 requires that a driver stop and remain stopped to allow a pedestrian to cross the roadway within a crosswalk (marked or unmarked) at an intersection . In other words, if you step into a crosswalk on a walk signal (or if there’s no signal, at a normal street corner), approaching vehicles must yield to you.

Pedestrians also have rights on sidewalks. RCW 46.61.261 states that drivers must yield to pedestrians (and bicycles) on sidewalks . So if you’re crossing a driveway or walking in a parking lot and a car is exiting, the driver must watch for and yield to you.

However, pedestrians also have some responsibilities. Washington law (RCW 46.61.240) says that pedestrians crossing anywhere outside of a crosswalk or intersection must yield to vehicles. Jaywalking is not necessarily a crime everywhere, but if you cross mid-block, vehicles have the priority (though drivers still can’t recklessly run you down). Also, pedestrians are generally required to use the sidewalk when one is available; if there’s no sidewalk, you should walk on the left shoulder or edge of the roadway facing traffic (RCW 46.61.250) . At traffic signals, pedestrians must obey the “Walk” and “Don’t Walk” indications (RCW 46.61.050) .

In practice, what these rules mean is if a pedestrian is hit while they had the legal right-of-way (for example, in a crosswalk with the walk light on), the driver will almost certainly be found at fault for the accident. If a pedestrian was crossing against the light or jaywalking, fault can be more complicated – the pedestrian might bear some responsibility. Under Washington’s comparative fault system, an injured pedestrian could still recover damages even if they were partly at fault, but their compensation would be reduced by their percentage of fault . For example, if a pedestrian jaywalked and a driver was speeding, a jury might assign, say, 30% fault to the pedestrian and 70% to the driver; the pedestrian’s damages would then be reduced by that 30%. The key point is that even if you think you might have been partially negligent as a pedestrian, you should not assume you have no case – consult an attorney to evaluate liability properly.

Another scenario is parking lot accidents: often pedestrians (shoppers, etc.) are hit by vehicles backing up or speeding through parking lanes. Drivers in parking lots still owe a duty to be cautious and watch for pedestrians, especially near store entrances. Although traffic laws like crosswalk rules might not directly apply on private property, general negligence principles do – a driver who fails to look in their rearview and hits someone walking has breached their duty of care.

A tragic aspect of pedestrian accidents is how often they involve children or the elderly. Washington drivers must exercise even more care when they know children are present (such as near schools or parks). Children may not exercise the same judgment adults do, so drivers have to anticipate that. For example, a ball rolls into the street and a child might chase it – a vigilant driver should be ready to stop. There’s a concept in law known as the zone of danger around stopped school buses or ice cream trucks – drivers should know kids might dart out. Failing to anticipate that can be deemed negligent. The elderly, on the other hand, may walk slower or have hearing/vision issues; drivers must accommodate that as well (for instance, waiting longer at a crosswalk for an older person to finish crossing).

One more legal consideration: If a pedestrian is hit by a driver who then flees the scene, it’s a hit-and-run which is a crime. From the civil perspective, if the hit-and-run driver is not caught, the victim can turn to their own Uninsured Motorist (UM) coverage. Washington UM coverage typically treats a hit-and-run as an “uninsured” scenario . So if you carry UM on your auto policy, it can compensate you for injuries from a hit-and-run driver. We strongly encourage pedestrians who own cars to have UM coverage for this reason – it can protect you even when you’re on foot and struck by an unidentified vehicle.

What to Do If You Are Hit by a Vehicle as a Pedestrian

Being struck by a vehicle is frightening and disorienting, but your actions afterward are important for your health and legal rights. Here’s what to do:

• Call 911 and Get Medical Help: If you’ve been hit, assume you are injured even if you are in shock and not feeling pain yet. Many pedestrians suffer head injuries or internal injuries that need immediate attention. Calling 911 will bring police and EMS to the scene. Accept medical evaluation; if paramedics recommend an ambulance to the ER, it’s wise to go. If you are not taken to the hospital from the scene, see a doctor as soon as possible on your own. Prompt medical documentation is crucial.

• Stay at the Scene (if safe): Unless you are whisked away for emergency care, stay at the accident scene until police arrive. Leaving could cause confusion about what happened (and in worst case could be misconstrued as a hit-and-run if roles were somehow unclear). While waiting, if you’re able, get the driver’s information – name, phone, insurance, license plate. If you cannot, the police will do so and include it in their report.

• Get Witness Information: Look around for anyone who saw the accident – other pedestrians, bystanders, or drivers who stopped. Ask for their names and contact info. Witness statements can be extremely helpful, especially if there is any dispute later about whether you were in the crosswalk or what the traffic light showed. People who aren’t directly involved often leave once police have their statement, but having their contact means your attorney can follow up to get a formal statement if needed.

• Document the Scene: If you can, take photographs of the scene. Important things to capture include the vehicle that hit you (make, model, damage to it), the exact location you were hit (e.g., paint markings of crosswalk on the road, traffic signals), and any conditions that might have played a role (e.g., was it at dusk? Were streetlights on? Was a parked truck blocking the view?). Also photograph any visible injuries you have (cuts, bruises) – though you’ll also want medical records, photos provide immediate visceral evidence of harm.

• Give Your Statement to Police: When the police arrive, they will interview you about what happened. Explain clearly where you were and what you were doing (e.g., “I was crossing in the crosswalk, heading east, on a Walk signal, when the car turned and struck me”). If you were in a crosswalk and had right-of-way, make sure that is noted. If you recall the driver speeding, using a phone, or any other detail, mention it. The police report will be a key piece of evidence.

• Do Not Admit Fault: Understandably, after an accident people are shaken and sometimes apologize or say things like “I didn’t see you either.” It’s important not to volunteer any admission of blame, especially if you actually had the right of way. Even saying “I shouldn’t have crossed so fast” can be misconstrued. Just stick to the facts when talking to police or the other party.

• Notify Your Insurance: This surprises some, but if you have auto insurance of your own, notify your insurer that you were involved in a motor vehicle accident as a pedestrian. Your PIP (Personal Injury Protection) coverage, if you carry it, covers you as a pedestrian in Washington – it can pay for your medical bills up to the PIP limit, even though you were not in your car . Similarly, as mentioned, your UM coverage can apply if needed. You may also have medical payments coverage or health insurance to help with bills. Coordination of benefits can get complicated, so having an attorney helps.

• Consult an Attorney Before Giving Statements to the Driver’s Insurer: The at-fault driver’s insurance company might call you within days to get your statement or offer a settlement. It’s advisable to speak to a personal injury attorney before engaging with the insurer. Pedestrian injury claims can involve serious injuries and significant compensation, so the driver’s insurer will likely be looking for ways to reduce their payout. A lawyer will protect your rights and handle communications so you don’t accidentally say something detrimental or settle for too little.

For families of a pedestrian who is tragically killed by a vehicle, the steps are a bit different. The police investigation will be crucial, and a wrongful death claim may be pursued by the family. In such cases, contacting a lawyer quickly can help ensure evidence is preserved (such as traffic camera footage, vehicle data, etc.) and that the family’s rights are represented in dealing with insurance and possibly the driver’s criminal proceedings.

Compensation for Injured Pedestrians

An injured pedestrian in Washington can seek compensation for the full range of damages, similar to other personal injury cases: medical bills, lost income, pain and suffering, disability, disfigurement, and more. Because pedestrians are so unprotected, injuries can be very severe (multiple fractures, spinal injuries, brain injuries). We often work with medical experts to project future treatment needs, and with economists to quantify lifelong impacts, especially if the pedestrian had a career that is derailed.

One category to highlight is loss of enjoyment of life. A pedestrian who, say, loved hiking the Cascades or simply walking their dog every day may find themselves unable to do those activities after the accident. Washington juries can award damages for loss of enjoyment of life as part of pain and suffering. We make sure to convey these personal losses – not just the medical diagnoses – when advocating for a client.

If the pedestrian was a child, the parents might also have a claim for the medical expenses (since parents typically pay for a minor’s medical bills) and potentially for the loss of the child’s services or companionship in certain circumstances. If the victim is elderly and retired, we focus more on their pain and suffering and loss of independence rather than wage loss (since they might not have income to lose).

One important aspect is that multiple insurance policies may come into play. The driver’s auto liability insurance is primary for covering the pedestrian’s damages. But if that driver is underinsured relative to the severity of injuries, the pedestrian’s own UIM coverage can provide secondary compensation. Also, pedestrian victims might benefit from PIP coverage from the driver’s policy – in Washington, if the driver had PIP, that PIP can cover an injured pedestrian’s medical costs, even though the pedestrian wasn’t in the driver’s car (PIP generally covers pedestrians struck by the insured vehicle). So there could be PIP from the driver’s side, PIP from the pedestrian’s own auto policy, health insurance, etc., all interacting. Our firm is skilled at coordinating these benefits to make sure bills are paid and you still maximize what ends up in your pocket for other losses.

Lastly, if the at-fault driver was on the job (for example, a delivery driver or a city vehicle that hit you), the employer’s liability and larger insurance policies come into the picture, which can be better for full compensation. If a defective roadway or traffic signal contributed, occasionally a claim against a municipality might be possible (though suing a government requires following special claim notice procedures within a short time frame – usually 60 days notice in Washington for state or local governments). We evaluate all these possibilities when handling a case.

Why Church, Page, & Gailan is the Best Law Firm for Pedestrian Accident Cases

At Church, Page, & Gailan, we have a strong record of standing up for pedestrians who have been hurt by negligent drivers.

At Church, Page, & Gailan, we have a strong record of standing up for pedestrians who have been hurt by negligent drivers. We bring dedication, experience, and local focus to these cases, making us the ideal choice for Eastern Washington pedestrian accident victims:

• Deep Knowledge of Washington Traffic Laws: Our attorneys know the ins and outs of the statutes and cases governing pedestrian rights. We will clearly establish if a driver violated a law, such as failing to yield at a crosswalk, and use that as powerful evidence of negligence. If needed, we can cite local city ordinances (for example, some cities have specific rules about yielding at trail crossings, etc.) to bolster your case. This command of the law helps us prove fault decisively.

• Thorough Investigation and Evidence Gathering: We act quickly to gather evidence for pedestrian cases. This can include obtaining traffic camera or security camera footage (many downtown areas or intersections have cameras; but footage may overwrite within days, so acting fast is key), getting the “black box” data from the vehicle that hit you (modern cars often record speed/braking data in a crash), and mapping the scene. We will also gather the driver’s cell phone records if distracted driving is suspected, to see if they were texting at the time – which would be strong proof of negligence. Our firm’s investigative approach leaves no stone unturned. For example, in one case, we obtained maintenance records of a crosswalk flashing light to prove it was working, discrediting a driver’s claim that “I didn’t see the pedestrian because the crosswalk lights weren’t flashing.” This attention to detail can make or break a case.

• Proven Negotiation Skills: Insurance companies often try to settle pedestrian injury claims quickly and for less than fair value, especially if they think the victim may not know the full extent of their rights. Church, Page, & Gailan has a reputation among insurers for not tolerating lowball offers. We come prepared with a strong case, and we negotiate from a position of strength. Our lawyers can communicate the human story behind the injuries – for instance, how a crash in a Richland crosswalk has prevented our client from living independently – which pressures insurers to do the right thing. If they don’t, they know we are ready to litigate.

• Local Eastern Washington Commitment: Because we live and work in Eastern Washington, we care deeply about improving safety in our community. Representing pedestrian victims isn’t just about money; it’s also about holding drivers accountable and sending a message that our community values pedestrian safety. Our local presence also means we might be familiar with the area where you were hit. If you were struck near a high-traffic area in Yakima or a known dangerous crossing in Kennewick, chances are we’ve seen or handled similar incidents. This local insight helps us build context around your case. We’re also convenient and accessible – you can walk into one of our local offices to speak face-to-face, which is important for trust and communication.

• Compassion and Personal Service: We understand that when you’re the victim struck on foot, it’s an incredibly vulnerable situation. You might be dealing with trauma, anxiety about walking near traffic again, and a long physical recovery. Our team is compassionate and supportive. We handle the legal burdens and paperwork, and we can assist with practical matters like finding medical specialists or dealing with your employer regarding time off work. We keep you updated on your case’s progress and involve you in key decisions, so you’re never left wondering. Many past clients appreciate that we treated them like family – with genuine care for their well-being.

• Track Record of Success: Church, Page, & Gailan has a strong history of successful outcomes in personal injury cases, including those involving pedestrians. While each case is unique, our track record demonstrates our capability. We have secured significant settlements and verdicts that have helped clients pay their medical bills, recover lost wages, and have financial stability after an accident. Our attorneys have recovered millions for injury victims across our practice areas , and we bring that same determination to pedestrian cases, no matter how big or small.

Moreover, our contingency fee model ensures you pay nothing upfront. We only get paid when we win for you. This means our interests are aligned – we strive to get you the maximum compensation possible. It also removes any financial risk of seeking justice; you can hire top-notch lawyers without worrying about hourly fees.

Call to Action: Pedestrian accidents can turn your life upside down, but you don’t have to face the aftermath alone. Call Church, Page, & Gailan at 1-509-638-1414 for a free consultation if you or a loved one has been hit by a vehicle. We will review the details, answer your questions, and explain how we can help you pursue compensation under Washington law. Our team is ready to step in and advocate fiercely on your behalf. You can also reach us through www.churchpagegailan.com – contact us today to put Eastern Washington’s top personal injury firm to work for you. We are here to help you get the justice and compensation you deserve while you focus on healing and recovery.