Washington Pedestrian Accidents: Who Has the Right of Way at a Crosswalk?

A pedestrian accident can happen in seconds, but determining who had the right of way may be more complicated than it first appears. In Washington State, drivers have specific legal responsibilities when approaching crosswalks, and pedestrians also have rules they must follow.

Understanding these laws can be especially important after a collision involving a pedestrian.

When a Crosswalk Has No Painted Lines

A crosswalk in Washington does not always need painted stripes. Under RCW 46.04.160, crosswalks may exist at intersections even when they are not marked with white lines. The statute defines these crosswalks by reference to the roadway and sidewalk boundaries. It also recognizes crosswalks that are distinctly marked on the roadway.

As a result, a pedestrian may be in a legally recognized crosswalk even where the pavement has no painted markings. Whether a particular location qualifies depends on its layout and any applicable traffic controls.

When Does a Washington Driver Have to Stop?

Under RCW 46.61.235, an approaching driver must stop and remain stopped for a pedestrian in a marked or unmarked crosswalk when the pedestrian is on, or within one lane of, the half of the roadway on which the driver is traveling or into which the driver is turning.

The law defines that half of the roadway by the direction of traffic and includes the full width of a one-way road.

This is more specific than a blanket rule that every vehicle must stop as soon as someone steps anywhere into a wide roadway.

Special Rules for Certain Curb-Ramp Crossings

Washington law recognizes that pedestrians with disabilities may need to use curb ramps when crossing a roadway.

Under RCW 46.61.240(2), where curb ramps exist at or adjacent to intersections or at marked crosswalks elsewhere, persons with disabilities may enter the roadway from those ramps and cross within or as closely as practicable to the crosswalk.

The statute preserves other applicable pedestrian rights and responsibilities. Additionally, RCW 46.61.235(3) provides an exception to the general crosswalk stopping requirement under the conditions described in RCW 46.61.240(2).

Because these provisions interact, determining which right-of-way rules apply requires examining the particular crossing and circumstances. Brett should specifically review this statutory interaction before publication.

A Stopped Car Can Signal an Unseen Pedestrian

If one vehicle stops to allow someone to cross at a marked crosswalk or an unmarked intersection crosswalk, another vehicle approaching from behind may not pass the stopped vehicle.

A driver who goes around a stopped car may be unable to see the pedestrian crossing.

Photographs of the lanes, parked vehicles, sight lines, and road markings can help reconstruct what happened.

Pedestrians Have Responsibilities, Too

Washington law also places responsibilities on pedestrians. RCW 46.61.235 states that pedestrians must not suddenly leave a curb or other safe place and enter the path of a vehicle so close that the driver cannot stop.

When crossing outside a marked crosswalk or an unmarked crosswalk at an intersection, pedestrians generally must yield to vehicles, subject to statutory exceptions.

Between adjacent intersections with operating traffic-control signals, pedestrians generally may cross only within a marked crosswalk. Pedestrians generally may not cross at an unmarked crosswalk where official signs prohibit the crossing.

Drivers nevertheless have a separate duty to exercise due care to avoid colliding with pedestrians.

What Happens if the Pedestrian Was Partially at Fault?

One important aspect of Washington personal injury law is comparative fault. Under RCW 4.22.005, a person’s contributory fault does not automatically prevent them from recovering damages in an injury claim. Instead, compensation is generally reduced in proportion to the percentage of fault attributed to that person.

For example, suppose a pedestrian’s proven damages total $100,000, and the pedestrian is found to be 20% responsible for the accident. In this simplified example, potential damages after the fault reduction would be $80,000. This is an illustration, not a prediction of any particular outcome.

A pedestrian who crossed outside a crosswalk might still have a potential claim if a driver’s negligence also contributed to the collision. Determining fault requires examining traffic signals, vehicle speed, visibility, and everyone’s conduct.

What Evidence Can Matter After a Pedestrian Collision?

Medical records and a clear account of symptoms are important, but evidence from the accident scene can disappear quickly. When safe, consider preserving photographs of the intersection, traffic signals, crosswalk markings, curb ramps, sidewalks, lighting, and road conditions.

Keep witness contact information, information about nearby surveillance cameras, medical records, treatment expenses, and other accident-related costs. Preserve the police collision report if one was prepared.

What if the Driver or Insurance Company Says the Pedestrian Was at Fault?

An insurance company may dispute who had the right of way or argue that the pedestrian contributed to the accident.

The pedestrian’s location, the driver’s direction of travel, the timing of the crossing, and the driver’s available stopping distance may all be important.

Do not assume that an unpainted crossing defeats a claim—or that being in a crosswalk automatically establishes the right to compensation. Washington’s comparative fault rules mean that an injured pedestrian may still have a claim even when some responsibility is disputed.

An attorney can evaluate the available evidence, applicable statutes, and potential legal options.

Injured in a Pedestrian Accident in Washington? Contact Kobes Legal PLLC.

If you or a loved one suffered injuries in a pedestrian accident in Washington State, contact Kobes Legal PLLC to request a consultation and discuss the circumstances of your accident, the evidence that may be important, and possible next steps.

This article provides general legal information and does not constitute legal advice. The outcome of any personal injury claim depends on its specific facts and applicable law.

Disclaimer: This post is for general educational purposes only and is not legal advice. Washington laws and county and local rules can change, and every case is unique. Please consult a qualified attorney for advice specific to your situation.

This article was prepared by Kobes Legal PLLC with support from our content team and approved by attorney Brett Kobes.