A pedestrian accident occurs when a person on foot is struck by a motor vehicle, resulting in injury or even a wrongful death. These accidents can happen in various settings, including but not limited to: 

• Crosswalks
• Areas without marked crosswalks, where pedestrians may be walking alongside or across the road.
• Parking Lots
• Sidewalks where vehicles may hit a pedestrian due to driver error or loss of control.

In Washington State, pedestrians are afforded specific rights of way under the law. The Revised Code of Washington (RCW) 46.61.235 states that drivers must yield the right of way to pedestrians in marked crosswalks, and RCW 46.61.240 outlines pedestrian responsibilities, including using crosswalks when available and obeying traffic signals.

Statistics on Pedestrian Accidents in Washington State

Understanding the prevalence of pedestrian accidents in Washington can help highlight the importance of safety measures and compliance with the law. Here are some key statistics:

• According to the Washington Traffic Safety Commission, there were 76 pedestrian fatalities in Washington State in 2020, representing nearly 15% of all traffic-related deaths that year.
• In 2021, the Washington State Department of Transportation reported 3,299 pedestrian injuries, indicating a significant number of individuals facing serious harm as a result of pedestrian accidents.
• The National Highway Traffic Safety Administration (NHTSA) reported a 46% increase in pedestrian fatalities nationwide from 2009 to 2018, a trend that has raised concerns among safety advocates and policymakers.
• The Insurance Institute for Highway Safety (IIHS) found that approximately 70% of pedestrian fatalities occur in urban areas, where population density and vehicle traffic are higher.

Contributing Factors to Pedestrian Accidents in Seattle

Several factors contribute to pedestrian accidents, ranging from driver behavior to environmental conditions. Understanding these factors can help both drivers and pedestrians take precautions to minimize risks.

Driver Distraction

Distractions such as texting, talking on the phone, or adjusting the radio significantly increase the likelihood of a pedestrian accident. According to the NHTSA, distracted driving is a leading cause of accidents, contributing to 9% of all fatal crashes in the U.S.

Impaired Driving

Driving under the influence of alcohol or drugs impairs judgment, reaction time, and coordination, making it more difficult for drivers to notice and yield to pedestrians. The Washington State Liquor and Cannabis Board reported that 30% of all traffic fatalities in the state involved impaired drivers.

Speeding

Exceeding the speed limit or driving too fast for road conditions can reduce a driver’s ability to react quickly to pedestrians. The faster a vehicle is traveling, the greater the likelihood of severe injuries or fatalities in the event of a collision. The NHTSA states that a pedestrian struck by a vehicle traveling at 40 mph is four times more likely to be killed than one struck by a vehicle traveling at 25 mph.

Poor Weather Conditions

We all know Seattle can bring some adverse weather conditions, such as rain, snow, or fog, which can reduce visibility and increase stopping distances. Pedestrians may be less visible, and drivers may have more difficulty reacting in time. In Washington State, where rain is common, this is a significant consideration for both drivers and pedestrians. 

Poorly Maintained Road Conditions 

Insufficient sidewalks, poorly marked crosswalks, and a lack of pedestrian signals can create hazardous conditions for pedestrians. Urban areas need to prioritize pedestrian-friendly infrastructure to enhance safety.

Non-Compliance with Traffic Laws

Both pedestrians and drivers must obey traffic laws to ensure safety. Pedestrians who jaywalk or ignore signals can put themselves at risk, while drivers who fail to yield or run red lights endanger pedestrians.

Legal Framework Governing Pedestrian Accidents in Seattle, Washington

In Washington State, several laws govern pedestrian behavior and the responsibilities of drivers. These laws aim to protect pedestrians and ensure safe interactions on the road.

• Right of Way Laws Under RCW 46.61.235 - drivers must yield the right of way to pedestrians at marked crosswalks and in situations where pedestrians are crossing at intersections. This law aims to prioritize pedestrian safety and reduce the risk of accidents. 
• Pedestrian Responsibilities RCW 46.61.240 outlines the responsibilities of pedestrians, including:
  • Using marked crosswalks when available.
  • Obeying traffic signals.
  • Not suddenly leaving a curb or place of safety into the path of a vehicle. Note: Pedestrians who do not follow these rules may be found partially at fault in the event of an accident, which can affect their ability to recover damages.
• Washington State is a Comparative Negligence State meaning that if a pedestrian is found to be partially at fault for an accident, their compensation may be reduced accordingly. For example, if a pedestrian was jaywalking and struck by a vehicle, their compensation could be reduced in proportion to their degree of fault.
• Insurance Requirements - Washington State requires drivers to carry liability insurance to cover injuries and damages incurred in an accident. The minimum required coverage includes:
  • Bodily Injury Liability: $25,000 per person and $50,000 per accident.
  • Property Damage Liability: $10,000 per accident.
  • Uninsured/underinsured motorist coverage is highly recommended for pedestrians, as it protects against injuries caused by drivers without adequate insurance. (Optional)
  • PIP (stands for Personal Injury Protection and is optional)

What to Do If You’re Involved in a Pedestrian Accident in Seattle Washington

If you or someone you know is involved in a pedestrian accident, it’s crucial to know the appropriate steps to take immediately following the incident. Here’s a step-by-step guide: 

• Check for Injuries. 
• Move to Safety. If you are unable to move, try to signal for help.
• Call 911 to report the accident.
• Request medical assistance immediately.
  
• Take photos of the location, vehicle positions, and any visible injuries.
• Exchange Information. 
• If there are witnesses, obtain their contact information as well.
• When law enforcement arrives, provide them with accurate information
• Notify Your Insurance Company and file a claim.
• Request a copy of the police report.
• Get checked by a doctor even if you feel fine. Some injuries may not be immediately apparent.
• Follow medical advice and adhere to any treatment plans or recommendations
• If you were injured in the accident, consult a personal injury attorney to understand your rights and navigate the legal process.
• Provide your attorney with all relevant documentation, including the police report and medical records.
• Evaluate your options with your lawyer and your specific circumstances of the accident, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
• Your attorney can assist you in negotiating a fair settlement with the insurance company or you may choose to file a lawsuit and have your day in court.

Understanding what constitutes a pedestrian accident in Washington State is essential for both pedestrians and drivers. With specific laws governing pedestrian behavior and the responsibilities of drivers, both parties can contribute to a safer environment on the road. By being aware of the statistics, contributing factors, and legal framework, individuals can take proactive measures to protect themselves and others. At Oshan & Associates, we are committed to advocating for individuals affected by pedestrian accidents and ensuring they receive the compensation they deserve. If you have any questions or need assistance following an accident, our experienced team is here to provide support and guidance.