Hit By Car, Not in Crosswalk Right to Sue

Pedestrians almost always have the right of way, and hitting a pedestrian is almost always the fault of the driver. However, in some cases, the pedestrian may be found to be at fault. When a pedestrian is hit by a car and not situated in a crosswalk, you'll need to familiarize yourself with Washington crosswalk law.

It can seem like there are competing versions of the truth scattered everywhere, it is so overwhelming to try to compile all the little bits and bobs of truth. No more.

Negligent Pedestrian Actions

If you were doing something negligent when you were hit by a car while not in crosswalk, then you may be found partially or totally at-fault for the crash.

  • Jaywalking
  • Crossing before a crossing signal indicates it is safe for you to do so
  • Walking outside of a sidewalk/crosswalk while intoxicated, or walking along pedestrian prohibited areas


For example, the Revised Code of Washington Section 46.1.250 stipulates that if a path is not available, a pedestrian must walk on the left side of the roadway or its shoulder while facing traffic. If a pedestrian was involved in an accident while walking on the right side of the road, then he or she may be found partially at-fault for the crash.

Contributory Fault Laws in Washington State

Washington State has contributory fault laws on the books. Found in Washington Code Section 4.22, contributory fault rules state that in the event of a personal injury claim for damages, the plaintiff’s damages amount will be reduced by his or her percentage of the blame. For example, if a pedestrian involved in an accident were found to be 15 percent at fault for the accident, then the pedestrian’s damages amount would be reduced by 15 percent.

What should I do if I’ve been in a pedestrian accident? 

If you’re the victim of a pedestrian accident in Tacoma, but were outside of the crosswalk at the time of an accident, you need an attorney. If you believe that the crash was the fault of the driver regardless of the fact that you weren’t in a designated pedestrian crossing area, the attorneys at Max Meyers Law PLLC can help you to prove it. Also review our article that outlines what to do if you were hit by a car.

Bear this in mind as you complete your first task after a Seattle pedestrian crash, that being, visiting your local practitioner or barring that, an urgent-care center. Once you have received medical treatment you can focus on obtaining compensation from the other driver to handle any economic or emotional changes you’ve undergone in your life.

Regardless of your actions, the accident would have occurred because the driver acted negligently, just one of five common causes of pedestrian accidents. It is possible the driver was engaging in two or more. If you have questions about how to determine if the driver was distracted, your rights as an accident victim, or how to file a claim, call our offices now at 425-242-5595.

Max Meyers
Max is a Kirkland personal injury attorney handling cases in Seattle, King County & surrounding in WA State.