Davis Law Group, P.S.

Pedestrian Accident Law in Washington State

Pedestrian injury accident cases are not always black and white when it comes to determining who was at fault (i.e., negligent). Since both the driver and pedestrian can be held negligent or contributing to the cause of the accident, the facts in each case have to be meticulously examined. For example, just because a pedestrian is hit while in a crosswalk does not automatically mean that the driver was 100 percent at fault. You need to know how the pedestrian entered into the crosswalk, where the pedestrian was on the roadway when hit, if the pedestrian was easily visible, how fast the driver was going, whether the crosswalk was marked or unmarked, etc. And the place to begin that determination is with the law.

The laws involving pedestrians are very important because to win a claim you must demonstrate that the motorist acted carelessly in some way, and that carelessness was a proximate cause of the accident. The term "proximate cause" essentially means a contributing cause. There can be more than one proximate cause of an accident.

You can prove the motorist was negligent by showing that the motorist was doing something that she was not supposed to be doing, or that she failed to do something that she was required to do. Examples may including showing that the driver was driving too fast, was not paying attention, failed to stop, failed to maintain a proper look out, or performed some other careless act that helped to cause the accident.

Washington pedestrian accident law, however, imposes the same duty of care upon the pedestrian. This means that a pedestrian who is hit while in a marked crosswalk can still be held negligent if that pedestrian acted carelessly in some way. For instance, the pedestrian may share a degree of fault if he ran into the crosswalk without first watching for traffic, or if he attempted to cross at a time when it was impossible for the motorist to stop safely. In that situation, the pedestrian may share a good percentage of fault for causing the accident that inflicted him with injury.

For these reasons, educating yourself about local laws involving pedestrians is very important to understanding not only the nature of your claim, but also the process that will resolve it. This is particularly important in Washington State, where the state government and many local communities in recent years have been very active in encouraging more people to travel by foot. Part of this promotion has involved changes in laws that favor pedestrians, but which many people may not be fully aware. In other words, knowledge of the law can help keep you and your loved ones safe.