What Rights Do Pedestrians Have After Being Hit by a Car in WA?

Your Rights Under Washington Law

Getting hit while walking can turn life upside down. If this happened in Bothell, Kirkland, or anywhere in Washington, you have clear rights and options to recover.

Drivers must stop for people in marked and unmarked crosswalks, including most intersections without paint (RCW 46.61.235). Drivers also have a constant duty to exercise due care to avoid hitting someone on foot (RCW 46.61.245). Pedestrians have duties too, such as yielding when crossing outside a crosswalk and not darting suddenly into traffic (RCW 46.61.240).

Washington follows pure comparative fault. If both sides share blame, your compensation is reduced by your percentage of fault, not eliminated (RCW 4.22.005). Someone who crossed midblock in Kirkland might still recover if a speeding or distracted driver could have avoided the crash.

What Compensation Can You Seek?

Pedestrian injuries often bring ER bills, follow-up care, and time away from work. A claim or lawsuit can seek compensation for:

• Medical bills, including hospital, imaging, surgery, rehab, and future care
• Lost income and loss of earning capacity if injuries affect your career
• Pain, suffering, and loss of enjoyment of life
• Scarring, disfigurement, and permanent impairment
• Caregiving, mobility aids, and home or vehicle modifications
• Property damage to items like phones, glasses, or strollers

In fatal cases, the family may pursue a wrongful death and survival claim. These cases are sensitive and benefit from early guidance.

First Steps After a Collision

Your health comes first. Even if you feel okay in the moment, adrenaline can mask serious injuries.

1. Call 911 and get medical care. Follow through with all recommended tests and appointments.
2. Ask police to respond. Get the incident or case number and the officer’s name.
3. Exchange information with the driver and photograph insurance cards and license plates.
4. Take photos and video of the scene, vehicle damage, skid marks, your injuries, and lighting or traffic signals.
5. Collect witness names, phone numbers, and emails. Ask nearby businesses in Bothell or Kirkland to preserve camera footage.
6. Avoid arguing about fault or posting details online. Stick to the facts with police and your healthcare providers.
7. Save clothing, shoes, and damaged items in a bag. They can become powerful evidence.

If you cannot do these steps, a family member or attorney can help gather what is needed.

Insurance Paths in Washington

Washington is a fault-based state. That means you can pursue the at-fault driver’s liability insurance for your losses.

• Your own Personal Injury Protection (PIP) can pay medical bills and lost income quickly if you purchased it on your auto policy. Insurers must offer PIP, though many people sign a waiver (RCW 48.22.085, 48.22.095).
• Uninsured/Underinsured Motorist (UM/UIM) coverage can step in if the driver fled, lacked insurance, or carried too little. Insurers must offer UIM in Washington (RCW 48.22.030).
• Health insurance can help with treatment, though it may assert reimbursement from your settlement later. A lawyer can address medical liens and balances.

Report claims promptly. Tight policy deadlines can apply, especially in hit-and-run situations. Ask a lawyer before giving a recorded statement.

Deadlines You Need to Know

Washington’s general statute of limitations for injury cases is three years from the crash date (RCW 4.16.080). Miss it and your claim can be barred.

Special rules apply when a government entity is involved, such as a city vehicle, a Metro bus, or an unsafe crosswalk design. You must file a formal claim notice and wait 60 days before suing (RCW 4.92.100–.110 for state, RCW 4.96.020 for local governments). Building these claims takes time, so start quickly.

For minors and certain disabilities, the clock can pause until the legal disability ends (RCW 4.16.190). Even with tolling, early investigation in places like downtown Kirkland or Bothell Landing preserves crucial evidence and video.

Common Defenses and How They Affect Your Case

Insurers often argue that a pedestrian was outside a crosswalk, wore dark clothing, or stepped out suddenly. These arguments may reduce, but do not automatically defeat, a claim.

• Jaywalking does not erase your rights. The key questions are visibility, lighting, speed, and driver attentiveness.
• Crosswalks exist at most intersections even without paint. Many Eastside neighborhoods rely on unmarked crosswalks.
• Distracted driving, speeding, or failing to stop for a crosswalk can outweigh a pedestrian’s minor mistakes.

Washington’s pure comparative fault system lets a jury or adjuster assign percentages to both sides. Careful investigation can shift those numbers in your favor.

Evidence That Strengthens Your Claim

Strong proof moves cases faster and supports better outcomes. Try to secure:

• Scene photos, vehicle position, debris, skid marks, and signal timing
• Surveillance video from businesses, residences, intersections, and transit agencies
• 911 audio, police bodycam, and the collision report
• Medical records showing pain, diagnoses, and treatment plans
• Witness statements and contact details
• Damaged clothing, shoes, stroller, or mobility devices
• Driver phone records in suspected distracted driving cases

An attorney can send preservation letters to stop deletion of video and key data. Time is critical because many systems auto-delete footage within days or weeks.

Special Situations We See on the Eastside

Every case is unique, but some patterns repeat around Bothell and Kirkland:

• Left-turn and right-on-red collisions at busy intersections
• Nighttime and low-visibility roadway crossings near trailheads or bus stops
• School-zone and neighborhood crashes involving children or teens
• Hit-and-run incidents where UIM coverage becomes essential

These scenarios often turn on timing, lighting, angle of impact, and driver attention. Quick scene work can make all the difference.

How a Local Pedestrian Injury Lawyer Helps

A lawyer focused on pedestrian cases can level the field with insurers and defense teams. Here is what that looks like day to day:

• Investigating the scene and securing video before it disappears
• Coordinating medical care and documenting your recovery
• Handling insurers, recorded statements, and paperwork
• Calculating future care needs and wage loss with experts
• Challenging unfair fault arguments and low settlement offers
• Preparing for trial if negotiations stall

If you were hit in downtown Kirkland, along Bothell Way NE, or at a neighborhood crosswalk, local experience with these roads and intersections adds value.

Talk With Max Meyers Law

You deserve clear answers and a path forward. Max Meyers Law PLLC helps pedestrians across Bothell, Kirkland, and the greater Eastside hold negligent drivers and entities accountable.

Call 425-970-9300 or visit maxmeyerslaw.com for a free, no-pressure consultation. We will listen, explain your options, and protect your rights from day one.