If you like exploring your local area on foot, it’s a great way to cut down on your carbon footprint. It also puts you in greater danger of becoming a victim in a pedestrian accident.
Any person on foot, in a wheelchair, using mobility devices such as canes, or using small, rideable devices such as scooters or skateboards is considered a pedestrian as per pedestrian safety laws in Washington. Although the state has taken actions to keep pedestrians safe, accidents continue to occur.
Victims in these scenarios are often left with severe, debilitating injuries that alter their lives and cause added financial strain. They are also forced to grapple with the emotional anguish caused by these sudden changes.
Jacobs and Jacobs Personal Injury Law is committed to providing legal support and advocacy for pedestrian accident victims. In this informative blog post, we discuss Washington pedestrian laws and the steps to take if you or a loved one are hit by a car.
Understanding Washington Pedestrian Laws
The goal of pedestrian safety laws in Washington state is to ensure the safety of both pedestrians and drivers. These clear rules and responsibilities help everyone know what is expected and minimize accidents.
Pedestrian Right of Way
When addressing right of way, this legal term refers to who gets to proceed with precedence in a specific situation. At marked crosswalks, for example, pedestrians have the right of way. Even at unmarked crosswalks in intersections, pedestrians are also granted the right of way.
However, this doesn’t mean that pedestrians can put themselves in harm’s way. If you’re on foot, you should not suddenly leave the curb or side of the road to enter the path of a nearby oncoming vehicle. A driver in this situation, even when they are abiding by the speed limit and other traffic laws, may be unable to stop.
Sidewalk and Roadway Usage
When you’re walking, you should always use the sidewalk, if one is available. If you’re on a street that doesn’t have sidewalks, you should stay on the left side of the road on the shoulder and walk facing oncoming traffic. This allows you to take evasive action if a driver veers off the road.
Pedestrians are never permitted to walk on highways or freeways. The dangers on these types of roads are far more significant for anyone on foot.
Traffic Signals and Pedestrian Control Signals
Pedestrian control signals were designed to help you know when to cross the road safely. You should always obey these signals. When “walk” or the symbol for walking is displayed, you are permitted to start crossing the road in the direction indicated by the symbol.
This signal will soon begin to flash with “don’t walk” or the upraised hand symbol, which indicates to any pedestrian still on the curb to stay put. If you are already crossing the street at this point, you should continue to make your way to the opposite side.
When the signal displays a steady, non-flashing “don’t walk” or upraised hand symbol, you must not enter the road. In the event that you come to an intersection that is not equipped with pedestrian control signals, follow the regular traffic signals and be cautious as you make your way across. Following these signals can help you avoid catastrophe.
Pedestrians should also know that crossing the road outside of any intersection or crosswalk is a violation of the law. Known as jaywalking, if you are caught taking this action, you will likely receive a ticket and a fine.
What Are WA State Crosswalk Laws?
Drivers should pay close attention to the road to watch for pedestrians and cyclists. Avoiding distractions will ensure that they spot a pedestrian waiting at an intersection or crosswalk. The law defines every intersection as a crosswalk unless posted signs indicate otherwise.
According to WA State crosswalk laws, drivers must yield the right-of-way to pedestrians at every crosswalk, whether marked or unmarked. Many drivers may be aware of this, but not all of them seem to realize that when a pedestrian is in a crosswalk on their half of the roadway or approaching their half, they need to stop in these situations.
When a person is waiting to cross from the other side of the street, and there is more than one lane in each direction, all drivers must stop when that person starts to cross. By far, the most dangerous action a driver can take is to become impatient and attempt to pass a car that is stopping at an intersection. They may not see that the other car is stopping to allow pedestrians to cross. Sadly, this is how many pedestrian accidents occur.
Legal Implications of Violating Pedestrian Right-of-Way in WA
Depending on the circumstances, any driver who violates these state pedestrian laws may be subject to traffic violations or criminal charges. Additionally, they may be held liable in a civil lawsuit for the injuries and damages they have caused.
Washington is an at-fault state that holds the driver who caused the accident liable. It also follows a pure comparative negligence model, which could assign some of the blame to the victim.
While pure comparative negligence allows you to be up to 99% at fault for your injuries and still collect compensation, it can significantly diminish your settlement. As you seek treatment for your painful injuries and file a claim, you may be surprised to learn that the other party is blaming you for reducing the payout. It’s just more added stress that you don’t need when you are trying to recover from your injuries.
Steps to Take If Involved in a Pedestrian Accident
Whether you’re an avid walker or you simply parked and walked to enjoy nice weather, if you are hit by a car, you should know the steps to take. Following the right actions can protect your legal rights when a negligent motorist hits you.
Call 911
One minute, you’re obeying the crosswalk signal, and the next, you’re on the pavement. If you are capable of calling 911, make it your first move after getting out of harm’s way.
Get Immediate Medical Attention
Many pedestrians who are struck by vehicles and still conscious at the time are often in shock. The adrenaline surge you feel from this accident can easily mask severe injury symptoms such as traumatic brain injuries or internal organ bleeding. You may feel fine in these first moments, though you should always err on the side of caution and seek immediate medical treatment.
Collect Evidence and Information
Use your phone to snap photos and record videos of the scene. Were there skid marks on the road? Is there a dent on the front of the vehicle that hit you? Capture these items and get contact information from any witnesses who stopped to check on you.
Talk to a Personal Injury Lawyer About Your Pedestrian Accident
The most crucial step to take after you’ve been hit by a car is to consult with a pedestrian accident lawyer. Plenty of injured pedestrians have tried to contact the driver’s insurer to file a claim only to be blamed for their injuries.
Insurance companies don’t have your best interests in mind, although they’ll put on a good show of pretending to be concerned about your well-being. They may then offer you a settlement check in the hopes that you’ll take it, ending your chance for any legal recourse. Unfortunately, that amount most likely hasn’t taken into account your future medical needs for these injuries, the extent of your lost wages, or many of your other damages suffered.
Even worse, a large number of pedestrians involved in these accidents wake up in the hospital. If you or a family member only remembers crossing the road and then waking up in a hospital bed, the need for an attorney is even more critical. Witnesses will have likely called 911 on your behalf and reported the crash, summoning paramedics in the process.
When pedestrian accident victims are immediately transported to the hospital for life-threatening injuries, there is no time to stop and gather the evidence. Obtaining legal representation immediately is urged as an attorney can quickly get to work investigating and gathering evidence for your case. They can use their resources to receive specific types of footage, such as the traffic camera footage at the intersection, or hire experts, such as accident reconstructionists, to prove how the accident occurred.
Whether you remember what happened to you or not, you should be focusing on your doctor’s treatment plan to get back to as normal as possible. While you do that, your lawyer can take over every aspect of your case to recover the money you deserve to make your life as whole again as possible in these circumstances.
After a pedestrian accident in Washington State, contact Jacobs and Jacobs Personal Injury Law to schedule a free initial consultation and discover your legal options.