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(253) 272-5226When a pedestrian is struck by a car, the driver is often blamed. But is it always the driver’s fault? Not necessarily. Pedestrians have responsibilities too, and when those aren’t followed, they may share fault.
In Washington State, fault can be shared. This means both parties may have played a role in what happened.
In this post, we’ll explain how fault works, when pedestrians might share blame, and what steps to take after an accident. This information is meant to be helpful, but it can’t replace legal advice for your specific situation. For that, we recommend you reach out to an injury attorney.
Pedestrian accidents are rarely as simple as “driver hits pedestrian, driver is fully at fault.” Most collisions involve a series of decisions, conditions, and timing issues.
Washington follows a rule called comparative negligence. In plain terms, this means fault can be divided between multiple people.
For example, imagine a driver is speeding while a pedestrian is crossing mid-block. Both actions may have contributed to the crash. In that situation, each party could be assigned a percentage of fault.
To understand how that determination is made, it helps to look at the rules everyone is expected to follow.
Roads are shared spaces, and safety depends on everyone following the rules.
Drivers are expected to:
Pedestrians also have responsibilities. They are expected to:
You may have heard the phrase “right of way.” While important, it isn’t absolute. Even someone with the right of way must still act reasonably and use care.
When these rules and standards aren’t followed, determining fault becomes more complicated.
Drivers are often responsible for pedestrian accidents, but there are situations where a pedestrian may share or carry fault.
Here are a few examples:
Crossing outside a crosswalk
A driver may not expect someone to cross mid-block or against a signal, making it harder to react in time.
Walking while distracted or impaired
A pedestrian who is not paying attention or is under the influence may step into traffic unexpectedly.
Lack of supervision
Children can act quickly and unpredictably. If a child runs into the street, a lack of supervision may be a contributing factor.
Walking in the roadway when a sidewalk is available
Choosing to walk in the road instead of using a nearby sidewalk can increase the risk of an accident.
Even in these situations, drivers may still share responsibility depending on the full set of circumstances.
In some cases, a third party may also be partly responsible for a pedestrian accident.
Examples can include:
This is one reason why a thorough investigation is so important. Identifying all possible sources of fault can directly impact a claim.
If you are involved in a pedestrian accident, taking the right steps can help protect your health and your legal options.
It is also important to avoid admitting fault at the scene. Be honest and cooperative, but avoid making guesses or conclusions about what caused the accident.
If you were injured, whether as a pedestrian or a driver, you could have a claim depending on how fault is determined.
Pedestrian accidents are often complex, and the injuries involved can be serious.
A personal injury lawyer can help by:
In short, they handle the legal side so you can focus on recovery.
Every pedestrian accident is different, but a few key points are worth keeping in mind:
Because of this, it is important to have someone evaluate your situation carefully.
If you were involved in a pedestrian accident in Tacoma or the surrounding area, you do not have to figure it out alone.
Contact our Ladenburg Law team for a free, no-obligation consultation. We can help you understand your options and what to do next.