Seattle Pedestrian Injury Resource
Washington Pedestrian Injury FAQs
Twenty detailed answers covering marked and unmarked crosswalks, signals, turns, roadway walking, hit-and-run claims, insurance, comparative fault, government liability and catastrophic injuries—with links to Washington statutes and appellate decisions. For a broader overview of liability, evidence, insurance, damages and deadlines, visit our pedestrian injury page.
Washington Crosswalk and Right-of-Way Rules
01 Do Washington drivers have to stop for pedestrians in crosswalks?
Yes. Washington requires an approaching vehicle to stop and remain stopped for a pedestrian crossing within a marked or unmarked crosswalk when the pedestrian is upon or within one lane of the half of the roadway on which the vehicle is traveling or onto which it is turning. On a one-way road, the statute treats the entire roadway width as the relevant half.
The pedestrian also has a duty not to suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close the driver cannot stop.
Drivers approaching from behind may not pass a vehicle that is stopped at a marked or unmarked crosswalk to allow a pedestrian to cross. In an injury claim, witness accounts, stop position, lane geometry, video and the pedestrian's location when the driver approached can be central to proving whether the statutory duty was triggered.
02 What is an unmarked crosswalk in Washington?
An unmarked crosswalk is a legally recognized crossing at an intersection even though there are no painted crosswalk lines. Washington's crosswalk statute expressly protects pedestrians in both marked and unmarked crosswalks, and the rule for crossing outside a crosswalk distinguishes those locations from an 'unmarked crosswalk at an intersection.'
That means the absence of white stripes does not automatically mean a pedestrian had no crosswalk rights. The geometry of the intersection, curb lines, traffic controls and where the pedestrian crossed matter.
A driver or insurer may use the phrase 'there was no crosswalk' to mean 'there was no painted crosswalk.' Legally, those are not necessarily the same thing. The location should be analyzed under the statutory definition and physical layout rather than by paint alone.
Fault and Insurance Coverage
03 What if I was crossing outside a crosswalk?
Crossing outside a marked crosswalk or an unmarked crosswalk at an intersection is not automatically a complete bar to an injury claim. Washington law says a pedestrian crossing at such a location must yield the right-of-way to vehicles on the roadway. In some areas, additional restrictions apply—for example, between adjacent signalized intersections pedestrians must use a marked crosswalk.
At the same time, drivers have a separate statutory duty to exercise due care to avoid colliding with pedestrians on the roadway. Washington also uses comparative fault, so a pedestrian's own negligence generally reduces damages proportionately rather than automatically eliminating recovery.
The key questions become what each person could see, speed, distance, lighting, whether the pedestrian yielded, whether the driver had time to react and whether either party was distracted.
04 Can I still recover if I was partly at fault as a pedestrian?
Yes. Washington's comparative-fault statute provides that contributory fault chargeable to the claimant diminishes compensatory damages in proportion to that fault but does not bar recovery.
So a pedestrian can have a valid claim even when a jury assigns some responsibility to the pedestrian. A person crossing outside a crosswalk, entering late in a signal cycle or walking where a sidewalk was available may face a comparative-fault argument, but the driver's conduct remains part of the analysis.
Washington also requires allocation of fault among entities whose conduct caused the damages. That can include the pedestrian, the driver and other responsible actors. The practical focus is not simply 'who had the right-of-way?' but how each person's conduct contributed to the collision.
05 What does a WALK or flashing DON'T WALK signal mean in Washington?
A pedestrian facing a WALK signal or walking-person symbol may cross in the direction of the signal, and drivers must stop for pedestrians lawfully moving within the intersection-control area as required by the crosswalk statute.
Under Washington's current pedestrian-signal statute, a pedestrian facing a steady or flashing DON'T WALK/hand symbol shall not enter the roadway. But a driver still must stop for a pedestrian who began crossing before that signal was displayed.
That distinction matters after a collision. A pedestrian already in the crosswalk does not lose all protection the instant the signal changes. Video, signal timing records and witness observations can establish whether the pedestrian entered legally and where the pedestrian was when the vehicle began its movement.
06 Who has the right-of-way when a driver turns right across a crosswalk?
A green light is not a blank check to turn through a person in the crosswalk. Washington's traffic-signal statute requires a driver turning right or left on green to stop for pedestrians lawfully within the intersection-control area as required by the crosswalk statute.
A driver making a permitted turn on red must first stop and must remain stopped for pedestrians lawfully within the intersection-control area before completing the turn.
Right-turn pedestrian collisions often involve a driver looking left for a gap in vehicle traffic while failing to check the crosswalk to the right. Signal phase, pedestrian position, vehicle stop location and video can be more probative than a driver's later statement that the light was green.
07 What if a driver turns left and hits me in the crosswalk?
A left-turning driver must account for people lawfully in the intersection-control area and crosswalk. Washington's signal statute requires turning drivers to stop for pedestrians who are lawfully within that area. The general crosswalk statute separately requires drivers to stop and remain stopped when its proximity conditions are met.
A left-turn pedestrian case may involve competing traffic streams, permissive left turns, obstructed views and a driver concentrating on oncoming cars rather than the crosswalk. Evidence such as traffic-signal phasing, intersection video, vehicle position and witness observations can show whether the driver had a realistic opportunity to see and yield.
If a traffic rule was violated, Washington law generally treats the violation as evidence of negligence rather than automatic negligence per se.
08 What duties do drivers have when exiting a driveway or parking garage?
A driver entering or crossing a highway from a private road or driveway must yield the right-of-way to vehicles lawfully approaching on the highway. Separate Washington law requires drivers to yield to pedestrians on sidewalks and to exercise due care to avoid colliding with pedestrians on a roadway.
This is especially important at parking-garage exits, alleys, gas stations and commercial driveways where a vehicle may cross a sidewalk before reaching the street. Sight lines can be blocked by buildings, landscaping, parked vehicles or signs.
In a serious pedestrian claim, useful evidence may include property surveillance, garage-gate logs, delivery records, photographs of sight obstructions and measurements showing how far a driver had to advance before obtaining a clear view.
09 What if there was no sidewalk where I was walking?
Washington sets rules for pedestrians walking along a roadway when sidewalks are unavailable or inaccessible. Where an accessible shoulder exists, a pedestrian generally should use the shoulder as far from the roadway edge as practicable and face traffic when a shoulder is available in that direction. If there is no accessible shoulder, the pedestrian should travel as near as practicable to the outside edge of the roadway facing traffic and, when practicable, move clear when meeting an oncoming vehicle.
The statute also requires pedestrians walking along an adjacent roadway to exercise due care to avoid colliding with vehicles.
A violation can become part of comparative-fault analysis, but it is not automatically negligence per se. Driver speed, lighting, available shoulder width, road design and whether the pedestrian had a safe alternative remain relevant.
10 Do drivers still have a duty to avoid a pedestrian who is in the roadway illegally?
Yes. Washington expressly states that, notwithstanding the preceding pedestrian rules, every driver must exercise due care to avoid colliding with a pedestrian on any roadway, use the horn when necessary and take proper precaution on observing a child or an obviously confused or incapacitated person.
That does not mean the pedestrian can never be at fault. A pedestrian who violates a crossing rule can face comparative-fault allegations. But the driver's independent duty of care still matters, especially where the pedestrian was visible long enough for a reasonably careful driver to slow, stop or take evasive action.
This is why 'the pedestrian was jaywalking' is not a complete legal analysis. Both the pedestrian's statutory duty and the driver's continuing duty of care must be examined.
11 What if I was hit in a parking lot rather than a public street?
A parking-lot injury can still support a negligence claim, but the exact traffic statutes that apply may differ from those governing a public roadway. The core questions usually include whether the driver used reasonable care, maintained a proper lookout, controlled speed and yielded to a visible pedestrian.
If the vehicle crossed a public sidewalk or entered a highway from a driveway, specific Washington sidewalk and driveway statutes may also apply. If the parking-lot design itself contributed—for example, blocked sight lines, unsafe traffic routing or a known dangerous condition—property ownership and control may need investigation.
Preserve store or property video quickly. Commercial surveillance systems often overwrite footage long before an insurance claim is resolved.
12 What if the driver who hit me fled the scene?
Washington requires a driver involved in a collision causing injury or death to stop, remain at the scene, provide identifying and insurance information and render reasonable assistance.
From a compensation standpoint, UIM coverage can be crucial. Washington law requires UIM coverage to be provided with qualifying automobile liability policies unless it is rejected as permitted by statute, and that coverage protects insured people who are legally entitled to recover from underinsured, hit-and-run and certain phantom vehicles.
For a phantom vehicle—one that causes injury without physical contact—Washington imposes specific corroboration and reporting requirements, including a law-enforcement report within 72 hours. That makes prompt reporting and witness identification especially important.
13 Can my own auto insurance cover me if I am hit while walking?
Potentially. Washington casualty-insurance law defines 'pedestrian' as a natural person who is not occupying a motor vehicle. PIP coverage must be offered with a Washington automobile liability policy, although the named insured may reject it in writing. The statutory minimum PIP option includes medical/hospital, funeral, income-continuation and loss-of-services benefits.
UIM is separate coverage. It can protect an insured who is legally entitled to recover from an uninsured or underinsured driver, hit-and-run driver or qualifying phantom vehicle, depending on the policy and statutory requirements.
Coverage can also turn on whether the injured person is the named insured, a resident relative or otherwise qualifies under the policy. An injured pedestrian should not assume the only available insurance is the at-fault driver's policy.
Damages, Evidence, and Filing Deadlines
14 Can a city or the State be liable for a dangerous crosswalk, signal or roadway condition?
Potentially. Government-roadway cases are not limited to potholes. They can involve sight obstructions, missing or malfunctioning signals, dangerous design or maintenance, faded markings, construction-zone conditions and other hazards, depending on the facts and applicable law.
Washington's Supreme Court has recognized a governmental duty to maintain roadways in a condition reasonably safe for ordinary travel. But proving a roadway case usually requires careful evidence about the condition, foreseeability, notice, design standards, prior incidents and whether the condition actually caused the collision.
There are also special claim-presentment rules. Local-government claims are governed by RCW 4.96.020. Claims against Washington State must be presented under RCW 4.92.100, and suit generally cannot begin until 60 calendar days after presentment under RCW 4.92.110. These cases should be investigated early because physical conditions and public records can change.
15 How long do I have to file a pedestrian-injury lawsuit in Washington?
Many Washington personal-injury actions must be commenced within three years. But the exact deadline can change depending on the defendant and facts, and government claims have additional statutory procedures that should not be confused with the ordinary limitations period.
A local-government claim must satisfy RCW 4.96.020's presentment requirements. A claim against Washington State must be presented under RCW 4.92.100, and RCW 4.92.110 imposes a 60-day waiting period before suit while tolling the applicable limitation period during that time.
Do not treat 'three years' as an investigation deadline. Video can disappear within days, witnesses move and roadway conditions change. The legal filing deadline and the practical evidence-preservation deadline are very different.
16 Are the deadlines different when the injured pedestrian is a child?
Washington law can toll the limitations period when the person entitled to bring the action was under 18 when the cause of action accrued. The time of the statutory disability generally is not counted in the limitations period, subject to the statute and any claim-specific rules.
That does not mean a child's claim should be left untouched for years. Evidence still disappears, and claims involving government entities have procedural requirements that need early attention. A child's medical course may also evolve over time, which makes careful documentation of future care and long-term effects important.
Parents or guardians may also have related issues involving medical expenses, insurance, settlement approval or guardianship procedures depending on the circumstances.
17 What damages may be available after a pedestrian collision?
Recoverable damages depend on what the collision legally caused and what can be proven. A pedestrian claim may include past and future medical care, lost wages, diminished earning capacity, pain, disability, loss of normal activities and other proven losses. Property losses such as a damaged phone, glasses or mobility device may also be part of the claim.
Serious pedestrian injuries often require forward-looking proof. Future surgery, rehabilitation, home assistance, vocational limitations or permanent impairment should be supported with appropriate medical and economic evidence rather than guessed.
Insurance limits may affect collection, which is why PIP, UIM and every potentially responsible party should be identified early. A complete damages analysis should be built from records, bills, wage documentation and credible expert evidence when needed.
18 What evidence should I preserve after a pedestrian collision?
Start with the scene, but do not stop there. Preserve photographs and video showing the crosswalk, signals, lighting, lane markings, sight obstructions, vehicle position, debris and injuries. Identify witnesses and nearby businesses, residences, buses or vehicles that may have cameras.
Requesting video quickly can matter because many systems overwrite automatically. Other useful evidence may include 911 audio, police body-camera footage, traffic-signal timing data, vehicle event data, phone records where distraction is genuinely at issue, delivery or rideshare records and public maintenance or complaint records.
Keep damaged clothing, shoes, phones, glasses and mobility aids until they are documented. Medical records, photographs over time, wage records and a clear account of functional limitations help connect the collision to the damages claimed.
Hit-and-Runs, Government Claims, and Special Scenarios
19 What happens if a pedestrian is catastrophically injured or killed?
Washington has specific vulnerable-road-user laws addressing negligent driving that proximately causes death, great bodily harm or substantial bodily harm to pedestrians and other protected users. Those traffic/criminal provisions can impose enhanced penalties, fines and license consequences.
The civil case is separate. It may seek compensation for catastrophic injury or, when the pedestrian dies, proceed as a wrongful-death action. Washington's wrongful-death statute identifies the beneficiaries for whose benefit the action is maintained, including a spouse, state-registered domestic partner, children and stepchildren, and, if none exist, parents or siblings.
A citation, charge or criminal conviction can be important evidence, but it does not replace the civil analysis of fault, causation, insurance coverage and damages.
20 Does a traffic citation automatically decide who wins a pedestrian-injury case?
No. Washington generally does not treat a breach of a traffic statute or ordinance as negligence per se. RCW 5.40.050 says most such violations may be considered by the trier of fact as evidence of negligence.
That means a citation can be useful, but the civil case still asks whether the defendant owed a duty, breached it, caused the collision and caused the damages claimed. It also allows the defense to raise comparative fault when supported by evidence.
The reverse is also true: the absence of a citation does not necessarily mean the driver was legally careful. Police make enforcement decisions under different standards and often do not have all later-developed civil evidence, such as surveillance video, expert reconstruction or complete medical information.