Pedestrian Hit by Car in Washington Crosswalk: What You Need to Know
Pedestrian accidents in Washington State are unfortunately common, especially in marked and unmarked crosswalks. While state law requires drivers to yield to pedestrians, thousands are injured each year due to negligence, distraction, or failure to observe traffic rules.
This article explores the legal responsibilities of drivers, the protections afforded to pedestrians, and the rights of those injured while crossing the street in Washington.
What Does Washington Law Say About Crosswalks?
Under RCW 46.61.235, drivers in Washington are legally required to stop for pedestrians within both marked and unmarked crosswalks at intersections. A failure to yield can lead to severe injuries and legal consequences. The law prioritizes pedestrian safety, placing a duty on drivers to remain alert and responsive.
Common Causes of Crosswalk Accidents
While crosswalks are intended to provide a safe zone for pedestrians, accidents still occur due to:
- Distracted driving (such as texting or eating)
- Speeding near intersections
- Failure to yield while turning
- Poor visibility or weather conditions
Even when pedestrians follow traffic signals, drivers may still fail to stop or slow down, causing life-altering harm.
Injuries Often Seen in Pedestrian Accidents
Unlike passengers in vehicles, pedestrians have no physical protection when struck. Common injuries include:
- Broken bones
- Traumatic brain injuries
- Spinal cord damage
- Internal bleeding
- Long-term mobility issues
Many victims require months or even years of treatment and may never fully recover.
Understanding Legal Liability
In most cases, the driver who failed to yield is considered at fault. However, liability may also be shared if road conditions, visibility issues, or other contributing factors are involved. Washington follows a comparative fault model, meaning that even if a pedestrian is found partially responsible, they may still recover compensation.
In rare cases, the municipality may bear some responsibility if a crosswalk was poorly marked or if traffic control devices were missing or defective.
Wrongful Death in Crosswalk Accidents
When a pedestrian is killed, family members may pursue a wrongful death claim. This civil action allows survivors to seek compensation for funeral expenses, loss of companionship, and financial support the deceased would have provided. Washington law permits certain relatives to file such claims within a defined timeframe.
Statute of Limitations in Washington
Most personal injury and wrongful death claims related to pedestrian accidents must be filed within three years from the date of the incident. Failing to file within that window typically means the case cannot proceed in court.
Why Documentation Matters
Proper documentation is essential. Pedestrians involved in an accident should, when possible:
- File a police report
- Seek immediate medical attention
- Take photos of the scene and any injuries
- Collect witness information
Medical records, photos, and witness statements often become key evidence in determining fault and damages.
