Do Pedestrians Always Have the Right of Way?

When it comes to road safety, many people assume that pedestrians always have the right of way. After all, cars are larger and more dangerous, so it seems logical that drivers should yield at all times. However, the law isn’t quite that simple. While pedestrian safety is a top priority, both drivers and pedestrians share responsibility for preventing accidents.

Below, we’ll break down what “right of way” really means, when pedestrians are protected, and when they must yield to vehicles.

Understanding “Right of Way”

The term right of way refers to the legal right for one person or vehicle to proceed ahead of another in a particular traffic situation. It’s not an absolute rule favoring pedestrians; rather, it’s a set of guidelines designed to manage interactions between drivers, cyclists, and walkers safely.

In most states, traffic laws clearly define when pedestrians have the right of way—typically at crosswalks, intersections, and certain controlled traffic areas. However, these laws also emphasize that pedestrians must exercise reasonable care for their own safety.

When Pedestrians Do Have the Right of Way

Below is a list of situations where pedestrians will generally have the right of way: 

1. Marked and Unmarked Crosswalks

Pedestrians normally have the right of way at all marked crosswalks. Drivers must stop to allow someone to cross, even if there are no traffic signals present. But it’s not just marked crosswalks that count—most states also recognize unmarked crosswalks at intersections. These are the imaginary extensions of sidewalks that connect one side of the street to the other.

2. At Green Lights and “Walk” Signals

When a traffic signal shows a “Walk” sign or a green light for pedestrians, drivers must yield. Even if a driver is turning right on red, they are legally required to stop and check for pedestrians first.

3. When the Pedestrian is Already in the Roadway

If a pedestrian has already begun crossing, even if the light changes, drivers must allow them to finish safely. Failing to do so can result in traffic violations or, worse, serious injury.

When Pedestrians Do Not Have the Right of Way

Here is a list of situations where pedestrians generally will not have the right of way: 

1. Crossing Against the Signal

If a pedestrian enters the street when the “Don’t Walk” sign is flashing or the light is red, they do not have the right of way. In these cases, the driver who has the green light is typically not at fault if an accident occurs—unless they were driving recklessly or speeding.

2. Jaywalking

Crossing in the middle of the street or outside a designated crosswalk is considered jaywalking in most jurisdictions. Pedestrians who jaywalk must yield to all vehicles. If an accident occurs while jaywalking, the pedestrian could share fault for the collision.

3. Suddenly Entering the Road

Even if a pedestrian has the right of way, they cannot step suddenly into traffic where it’s impossible for a driver to stop in time. Most state laws include language stating that pedestrians cannot “suddenly leave a curb or other place of safety” and move into the path of a vehicle.

Shared Responsibility on the Road

Both pedestrians and drivers play vital roles in preventing accidents. Drivers must remain alert, avoid distractions, and yield when the law requires it. Likewise, pedestrians should follow traffic signals, use crosswalks, and stay aware of their surroundings.

What Happens When an Accident Occurs?

If a pedestrian is struck by a vehicle, determining fault can be complex. Investigators and insurance adjusters will look at several factors, including traffic signals, visibility, and whether either party violated any laws.

Because these laws vary by state, consulting an experienced personal injury attorney is essential after any pedestrian accident.

Contact Davis Law Group Car Accident and Personal Injury Lawyers for a Free Consultation 

Pedestrians don’t always have the right of way, but understanding and following traffic laws can help prevent serious injuries and save lives. If you’ve been injured in a pedestrian accident, contact Davis Law Group Car Accident and Personal Injury Lawyers for a free consultation. 

Our legal team has the experience, resources, and proven results to help you pursue the compensation you deserve. We understand how devastating pedestrian accidents can be and are committed to holding negligent drivers accountable.

Call today to speak with an experienced attorney about your case.

If you’ve been injured in Seattle, WA, and need legal assistance, contact Davis Law Group Car Accident and Personal Injury Lawyers. Contact our legal team and schedule a free consultation with a pedestrian accident lawyer today. We proudly serve King County in Washington and its surrounding areas. Visit our law office at:

Davis Law Group Car Accident and Personal Injury Lawyers
2101 4th Ave 1030 Seattle, WA 98121
(206) 727 4000
Hours: Open 24/7