Unfortunately, pedestrian crashes remain a serious public safety problem in our communities. According to data from the Washington Traffic Safety Commission (WTSC), 130 confirmed pedestrian deaths occurred in the state in 2022 alone. Many more pedestrians are seriously hurt in traffic collisions, many of which happen near crosswalks. Here, our Seattle car accident attorney provides a guide for pedestrians on crosswalk collisions in Washington State.
Why So Many Catastrophic Accidents Happen at Crosswalks
A crosswalk should be reasonably safe for pedestrians. After all, it is the place where they are supposed to cross the road. However, unfortunately, crosswalks are not always nearly as safe as they could be. A number of different factors—from driver negligence to poor infrastructure design or maintenance to pedestrian error—can all contribute to crosswalk accidents. Here are some of the leading reasons why so many catastrophic pedestrian crashes happen in and around crosswalks:
- Distracted Driving: Distracted driving is dangerous. Unfortunately, too many drivers fail to notice pedestrians in crosswalks due to distractions. Texting and driving are the most dangerous and common distractions.
- Failure to Yield: Drivers should yield the right of way as required by the law. In Washington, drivers have a general duty to yield to pedestrians at both marked and unmarked crosswalks unless there is a traffic signal that states otherwise.
- Poor Visibility: Visibility is key for avoiding pedestrian crashes. Unfortunately, crosswalks are often located at intersections where vehicles, cars, trees, or even buildings can obstruct a driver’s view. At night or in poor weather conditions, visibility can decrease even more.
- Speeding: Drivers must carefully control their speed in areas where pedestrians are nearby, especially when there are marked and unmarked crosswalks. Higher vehicle speeds reduce the driver’s reaction time and increase the risk of a serious crash.
- Traffic Signal Violations: A significant share of crosswalk pedestrian collisions happen, at least in part, due to traffic signal violations. The two most common specific examples are running red lights and running stop signs.
- Pedestrian Error: Pedestrians have a responsibility to protect their health and safety. They may misjudge vehicle speed, assume a driver will stop, or cross against a traffic signal.
An Overview of the Crosswalk Laws in Washington State
Washington State has crosswalk laws within its traffic code. It is imperative that both drivers and pedestrians have a general understanding of the rules and regulations for crosswalks. Here is an overview of key points to know about the crosswalk laws in Washington:
- Every Intersection is a Crosswalk in Washington: The Washington State Department of Transportation (WSDOT) explains that “every intersection is a crosswalk.” In other words, Washington law considers every intersection a legal crosswalk—whether it is marked or unmarked. In other words, pedestrians in Washington have designated crossing rights at virtually all intersections. Marked crosswalks are often found at controlled intersections or near schools, but unmarked crosswalks still carry legal protections for pedestrians. Drivers must be aware of this law and yield to pedestrians crossing at intersections.
- Pedestrians Have the Presumed Right of Way at a Crosswalk: Pedestrians generally have the right of way when crossing at a legal crosswalk in Washington. State law requires drivers to stop and yield to pedestrians who are within a marked or unmarked crosswalk. It should be noted that bicyclists are treated as pedestrians for the purposes of Washington’s crosswalk laws. With that being said, pedestrians must avoid making themself an immediate hazard. They should not suddenly enter a crosswalk when a vehicle is too close.
- Drivers and Pedestrians Must Follow Traffic Signals: Both drivers and pedestrians in Washington must obey all traffic control devices, including signals and pedestrian crossing lights. Pedestrians should only cross when indicated by a “walk” signal and must avoid entering the road against a red or flashing “don’t walk” sign. Along the same lines, drivers must respect pedestrian signals and avoid turning into a crosswalk when pedestrians have the right of way.
Note: Local crosswalk regulations can matter as well. Both motorists and pedestrians should comply with all local traffic laws.
Every Crosswalk Collision Should Be Thoroughly Investigated By a Lawyer
Washington State is a fault-based pedestrian accident jurisdiction. The party whose negligence caused a crosswalk crash can be held legally liable for the resulting damages. Every pedestrian crash in Seattle or elsewhere in Washington should be thoroughly investigated by an experienced attorney. Notably, a comparative negligence standard applies. Each party to a pedestrian crash may be legally responsible for their “share” of the accident. A pedestrian could be held partially or fully liable for their own crosswalk crash if they crossed against a traffic signal.
We Help Crosswalk Accident Victims Seek the Maximum Financial Compensation
In Washington State, injured pedestrians have the right to seek compensation for the full extent of their damages, including their non-economic losses. The value of your claim after being hit at a crosswalk will depend on a wide range of case-specific factors, including the specific cause of the crash and your ability to prove fault. Sadly, injured pedestrians cannot rely on insurance companies to look out for their best interests. Our firm can help. Along with other damages, our Seattle crosswalk attorneys are prepared to help you seek compensation for:
- Ambulance costs;
- Emergency room care;
- Hospital bills;
- Medications;
- Medical devices;
- Physical therapy;
- Loss of wages;
- Loss of earning power;
- Pain and suffering;
- Mental distress;
- Long-term disability;
- Loss of life quality; and
- Wrongful death.
Consult With Our Seattle, WA Pedestrian Accident Lawyer Today for a Free Case Review
At Seattle Car Accident Law Firm, our Seattle pedestrian accident attorneys fight aggressively for justice. If you or your loved one was hurt in a crosswalk collision, we can help. Give us a call at (564) 444-7708 or contact us online to arrange your no-cost, no-strings-attached consultation. With a law office in Seattle, we represent pedestrians in crosswalk crashes throughout the region, including in Rento, Everett, Federal Way, Kent, Bellevue, Kirkland, Redmond, and Newcastle.
