Pedestrian Injury Claims in Crosswalk Collisions: What Washington Law Actually Requires

If you've been hit by a vehicle while in a crosswalk — marked or unmarked — Washington law gives pedestrians strong protections. But drivers fail to yield far too often, leading to serious injuries and complex claims. Here's a clear breakdown of your rights, the key statutes, and steps to take.

RCW 46.61.235: Crosswalks (Key Provisions)

"The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian, bicycle, or personal delivery device to cross the roadway within an unmarked crosswalk or marked crosswalk when the pedestrian is upon or within one lane of the half of the roadway upon which the vehicle is traveling..."

Full text: RCW 46.61.235 (official Washington Legislature site).

Key points:

• No pedestrian shall suddenly leave a curb into the path of a close vehicle
• At intersections, every crossing is considered a crosswalk even without paint

Comparative Negligence in Washington

RCW 4.22.005 allows recovery even if you're partially at fault — damages are reduced by your percentage (e.g., 20% fault = 80% recovery).

Common Injuries and What Compensation Covers

Pedestrian accidents often result in serious injuries:

• Broken bones — legs, hips, arms from impact
• Head trauma — concussions, traumatic brain injuries
• Spinal issues — herniated discs, nerve damage
• Road rash — severe skin abrasions

Claims can include compensation for:

• Medical expenses (past and future)
• Lost wages and earning capacity
• Pain and suffering
• Loss of enjoyment of life

Evidence Checklist to Strengthen Your Claim

1. Immediate police report — critical for official account
2. Photos: scene, crosswalk markings, vehicle damage, your injuries/clothing
3. Witness statements and contact information
4. Traffic/security camera requests — act fast, footage gets deleted
5. Medical records from first visit onward
6. Visibility factors — time of day, lighting, clothing worn

Timeline Essentials

• Hit-and-run: Report within 72 hours if applicable
• Statute of limitations: 3 years (RCW 4.16.080)
• Evidence fades quickly — gather within days

Insurance often claims "darted out" or poor visibility. Solid evidence counters that.

Questions Clients Ask

Does it matter if the crosswalk was unmarked?
No — the law still applies at intersections.

What if I was distracted?
It may reduce your recovery but doesn't eliminate it under Washington's comparative negligence rules.

I've seen these cases play out many times. Getting the facts right early makes a big difference. Call or text 425-675-1224 for a free review of your situation — no obligation.