CALL

Washington State Laws on Pedestrian Right-of-Way

by | Apr 28, 2024 | Personal Injury

Like most major cities, Seattle welcomes tourists from around the world. According to recent estimates, nearly 3.5 million people visited Seattle between Memorial Day and Labor Day in 2023, a post-pandemic high and an 8 percent increase from the same period in 2022. Downtown Seattle remains a popular destination for visitors, and streets are usually bustling with pedestrians, cyclists, and scooters during the peak season. However, it’s not only tourists who enjoy exploring Seattle by foot—residents and visitors alike can explore the city’s offerings as pedestrians, wandering from Pike Place Market to Union Square (among dozens of other destinations). When motorists drive in urban areas, they need to for pedestrians and cyclists in order to avoid an accident. Unfortunately, pedestrian accidents are not uncommon, particularly in metropolitan areas. Data from the Centers for Disease Control and Prevention (CDC) reveals that there were “an estimated 104,000 emergency department visits of pedestrians treated for non-fatal crash-related injuries in 2020.” The majority of pedestrian fatalities (approximately 60 percent) take place on high-capacity urban roads that usually have posted speed limits of 45 to 55 miles per hour. Although people over the age of 65 are more likely to be struck and killed in a pedestrian accident, pedestrians of all ages can suffer a personal injury involving a car or truck.

Washington laws allow injured pedestrians to seek compensation in order to support the multiple and varied costs associated with the recovery process. As you focus on your physical recovery, it’s natural to feel overwhelmed by the medical bills that are piling up quickly and the lost wages you’ve endured because of these unexpected injuries. Enlisting the guidance of a highly qualified and caring Seattle personal injury attorney is the best way to move through the claims process as smoothly as possible. At Menzer Law Group, we offer a complimentary case review to ensure that your claim aligns with our areas of expertise, and we are committed to responding to you promptly and respectfully. This post will cover some of the basics about pedestrian right-of-way in Washington and the steps you can take to file a personal injury claim to recover the compensation you’re owed.

Understanding Pedestrian Laws in Washington State

There are several Washington laws that address pedestrian safety and right-of-way. RCW 46.61.050 compels all motorists, bicycle riders, and pedestrians to obey traffic signals and traffic control devices in all cases (other than instances where they are otherwise directed by a traffic officer or police officer). According to RCW 46.61.261, all drivers and bicyclists must yield the right of way to pedestrians on sidewalks and in designated crosswalks. Additionally, RCW 46.61.235 states that drivers must stop at intersections to allow pedestrians to cross the road, whether or not the intersection has a marked crosswalk. Essentially, all roadway intersections are considered legal pedestrian crossings regardless of whether they are designated as such (exceptions apply to areas where an official sign explicitly prohibits crossing). In general, Washington laws require drivers to exercise due care in order to avoid colliding with pedestrians (RCW 46.61.245). Drivers must recognize that they share the road with pedestrians and cyclists, so remaining alert and attentive behind the wheel is essential at all times.

Pedestrians Have Legal Obligations, Too

While most of Washington’s pedestrian safety laws focus on drivers and their legal responsibility to watch out for pedestrians and cyclists, it’s important to acknowledge that pedestrians must adhere to several safety rules as well. Under RCW 46.61.250, “it is unlawful for any pedestrian to walk or otherwise move along and upon an adjacent roadway” where sidewalks are provided and accessible. If no sidewalk is available, pedestrians should walk on the left side of the roadway or its shoulder, facing traffic in order to remain visible to motorists. Additionally, RCW 46.61.235 prohibits pedestrians and cyclists from suddenly leaving a curb and moving into traffic. In general, pedestrians should always use designated crosswalks and pathways, but in instances where no crosswalk is available, they should move to an intersection and attempt to cross in the safest and most visible manner possible.

Recognizing Common Causes of Pedestrian Accidents in Seattle

Even with several safety protections in place, pedestrian accidents still occur with relative frequency. Some of the most common causes of pedestrian accidents include distracted or drowsy driving, vehicles traveling above the posted speed limit, drivers failing to use turn signals, drivers running stop lights or stop signs, and drivers failing to check their blind spots before changing lanes or turning. Texting while driving forces drivers to take their eyes off the road, increasing the chances of colliding with a pedestrian while engaging in this distracting behavior. Additionally, impaired driving (such as when a driver operates their vehicle while under the influence of drugs or alcohol) can slow a driver’s reaction time and make it harder for them to identify pedestrians, cyclists, and other potential hazards. When you start working with a skilled and trusted Seattle personal injury lawyer, this dedicated legal professional will get to work investigating every detail of the crash to identify the party (or parties) responsible for the accident. With this evidence, your attorney will guide you through the claims process and work hard to win you the compensation you need to support your recovery.

Practical Safety Tips for Pedestrians and Motorists

There are several safety habits that pedestrians and motorists alike can adopt in order to reduce the chances of ending up in an accident. Drivers should pay close attention to roadways, especially crosswalks and intersections. According to the Washington State Department of Transportation (WSDOT), it is illegal for a driver to pass another vehicle that is stopped for someone at a crosswalk. It’s a driver’s responsibility to yield to pedestrians, check for pedestrians and cyclists before turning, observe posted speed limits, and use lights and turn signals appropriately. Observing these safety tips can reduce a driver’s chances of colliding with a pedestrian or cyclist.

Pedestrians should also follow certain safety measures to avoid suffering a painful accident injury. Without a hard exterior or other layer of protection, pedestrians are susceptible to substantial injuries, including broken bones, spinal cord injuries, traumatic brain injuries, and other physical damage that may require hospitalization, surgery, or other costly medical interventions. To minimize the odds of suffering a personal injury at the hands of a truck or car, pedestrians should always walk designated sidewalks and use crosswalks whenever possible. Check for cars before crossing the street, and try to make eye contact with drivers before moving into the road. Ultimately, try to remain as visible as possible to other drivers to make them aware of your presence. Following these best practices as a pedestrian can reduce your chances of being struck by a driver and suffering a painful (and costly) injury.

Filing a Personal Injury Claim in Washington State

If you were struck by an inattentive or careless driver, you have the right to seek and recover compensation to help you cover the costs associated with the accident. Although filing an insurance claim or a personal injury lawsuit can be done without an attorney, enlisting the guidance of one of Seattle’s best personal injury attorneys is highly recommended. An experienced and knowledgeable personal injury attorney can help you fight to recover the maximum compensation possible for the losses you have sustained, such as past and future medical expenses, lost wages, pain and suffering, emotional distress, disfigurement, disability, reduced earning capacity, loss of everyday life, property damage, and more. When you work with a top personal injury law firm, you can trust that your best interests will be upheld and defended at every turn. Now is the time to regain control of your life—reach out to the highly qualified and empathetic legal team at Menzer Law Group today to get started with a complimentary review of your case.

When a Wrongful Death Lawsuit Becomes Necessary

Some pedestrian accidents in the greater Seattle area prove fatal. If you have lost a loved one because of a reckless or distracted Washington driver, it’s important to recognize that you have options for holding the at-fault party liable for their inexcusable actions. Enlisting the guidance of a seasoned wrongful death attorney can help you honor the memory of your loved one. We can help you file a wrongful death lawsuit against the at-fault party to recover compensation for the medical bills, funeral and burial expenses, loss of wages, pain and suffering, and other losses your family has suffered. Although nothing will bring back your loved one, working with a highly qualified and compassionate Seattle wrongful death lawyer can give you the direction and courage you need to start putting the pieces of your life back together after this tragic event. At Menzer Law Group, we carefully manage our caseload to ensure that each client receives personalized attention and effective legal services from beginning to end. We proudly provide a free, no-obligation case review, so reach out to our office today to get started.

If you have suffered an injury in a motor vehicle accident and you need help collecting the compensation you need to support the costs of your recovery, the dedicated legal team at Menzer Law Group is here to assist you. Reach out to our Seattle office today at (206) 752-6223 for a complimentary review of your claim.

Archives