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Pedestrian Accident Claims in Washington

When drivers in Washington must yield to pedestrians, crossing outside a crosswalk, how fault is shared, and the deadline to sue.

Short answer: Drivers must stop and remain stopped for a pedestrian (or bicyclist) crossing within a marked or unmarked crosswalk when the person is on or within one lane of the driver's half of the roadway, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Rev. Code Wash. §§ 46.61.235, 46.61.240

Pedestrian right-of-wayDrivers must stop and remain stopped for a pedestrian (or bicyclist) crossing within a marked or unmarked crosswalk when the person is on or within one lane of the driver's half of the roadway, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk, and they may not cross at an unmarked crosswalk where a sign prohibits it.
Fault rule (comparative negligence)Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault.
Minimum car insuranceDrivers must carry liability insurance (or another approved form of financial responsibility) of at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.
Deadline to sue for an injuryThree years for any injury to the person or rights of another not otherwise listed in the limitations statutes.

More Washington personal injury & wrongful death

FAQ

Who has the right of way, a pedestrian or a driver, in Washington?
Drivers must stop and remain stopped for a pedestrian (or bicyclist) crossing within a marked or unmarked crosswalk when the person is on or within one lane of the driver's half of the roadway, and may not pass a vehicle stopped at a crosswalk for a pedestrian. Pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent intersections with working signals, pedestrians may cross only in a marked crosswalk, and they may not cross at an unmarked crosswalk where a sign prohibits it.
Can you recover damages if you were partly at fault in Washington?
Pure comparative fault. An injured person's own fault reduces their damages proportionately but does not bar recovery, no matter how large their share of fault.
What is the minimum car insurance required in Washington?
Drivers must carry liability insurance (or another approved form of financial responsibility) of at least $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $10,000 for property damage.
What is the statute of limitations for personal injury in Washington?
Three years for any injury to the person or rights of another not otherwise listed in the limitations statutes.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.