What Happens if You Hit a Pedestrian Not in a Crosswalk?

Collisions involving pedestrians can lead to serious injuries and complex legal questions. Many drivers in Seattle want to know what happens if they hit a pedestrian who was not using a crosswalk. Washington law allows pedestrians to cross streets outside marked crosswalks, but they must follow certain safety rules. Drivers also have duties to avoid collisions. 

Understanding how fault is evaluated can help you see how liability is determined in these situations. Continue reading to learn more about the consequences of hitting a pedestrian outside of a crosswalk.

Pedestrians Can Cross Outside Crosswalks, but Rules Still Apply

Washington law does not prohibit pedestrians from crossing the street outside a crosswalk unless the area specifically restricts it. 

However, pedestrians must follow certain rules, such as:

• Yielding the right of way to vehicles when crossing midblock
• Not suddenly entering the roadway
• Following traffic signals and signs
• Using sidewalks when available

If a pedestrian crosses unsafely, steps into traffic unexpectedly, or ignores oncoming vehicles, they may share fault for the collision.

Drivers Must Still Exercise Reasonable Care

Even when a pedestrian is outside a crosswalk, drivers still have a duty to use reasonable care on the road. This means being alert, following the speed limit, and watching for pedestrians at all times.

Common driver errors that can contribute to a crash include:

• Speeding
• Distracted driving
• Failing to yield at intersections
• Turning without looking for pedestrians
• Driving too fast for the weather conditions

If a driver fails to act safely, they may be held responsible for the collision, even if the pedestrian was not in a marked crossing.

How Fault Is Determined in These Collisions

Washington uses a pure comparative fault system. This rule means each party’s percentage of fault is evaluated and assigned. 

As such, a pedestrian can recover damages even if they are mostly at fault. Their compensation is simply reduced by their percentage of responsibility.

Washington also has a three-year statute of limitations for personal injury cases. This means claims must be filed before the deadline, or your case will be dismissed. Rare exceptions do apply for unidentified injuries or minors, but these are uncommon. 

Examples of how fault may be divided:

• The pedestrian stepped into the road without looking, contributing heavily to the crash
• The driver was texting and did not react in time
• Both parties were careless in different ways
• Weather or road conditions made the situation more dangerous

Because every situation is unique, fault depends on the evidence available.

Evidence Used to Determine Fault

Investigators, insurance companies, and attorneys look at many forms of evidence to understand how the crash happened. 

Helpful evidence includes:

• Surveillance videos
• Dashcam footage
• Witness statements
• Physical evidence at the scene
• Police reports
• Traffic signal timing
• Skid marks or vehicle damage
• Cell phone records

Washington’s pattern jury instructions also provide guidance on pedestrian and driver responsibilities. 

The more evidence available, the clearer the fault distribution becomes.

Potential Consequences for the Driver

If a driver hits a pedestrian outside a crosswalk, several outcomes are possible:

• An insurance claim may be filed
• The driver may be found partially or fully at fault
• The driver may owe compensation for injuries and damages
• A lawsuit may be filed if the claim does not settle

Possible damages include medical bills, lost wages, pain and suffering, and long-term care needs.

Fault does not automatically fall on the driver or the pedestrian. It depends on whose actions caused or contributed to the crash.

Possible Consequences for the Pedestrian

Pedestrians who are hit outside crosswalks may still recover compensation, but their award may be reduced. If a pedestrian’s own actions contributed to the crash, such as stepping into traffic without checking for cars, their compensation may be lowered under comparative fault rules.

An extremely careless pedestrian could be found mostly at fault, which significantly reduces recovery. In rare cases, a pedestrian may be held fully responsible, which prevents them from recovering damages.

Why These Cases Can Be Complicated

Pedestrian accidents often involve conflicting accounts and limited eyewitness testimony. Weather, traffic conditions, road design, and visibility can all play a role. Insurance companies often dispute liability, especially when the pedestrian was not in a crosswalk. Because these cases rely heavily on evidence, even minor details can affect the outcome.

Contact the Seattle Pedestrian Accident Attorneys at Davis Law Group Car Accident and Personal Injury Lawyers for Help Today

Hitting a pedestrian outside a crosswalk does not automatically make the driver at fault. Washington evaluates each party’s actions under comparative fault rules to determine responsibility. Pedestrians and drivers both have duties on the road, and fault depends on the evidence in each 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