This is the time of year in Washington State that Davis Law Group begins to see more pedestrian auto accident cases. Just in the last few weeks we have signed up 4 of these cases. They all involved pedestrians walking across the street and then being hit by a car.
Why do we see more of these cases starting this time of year? I have to believe that in April/May when the weather gets warmer and nicer, more people choose to walk rather than drive. With more pedestrians using marked and unmarked crosswalks, we see more accidents.
Under the law (RCW 46.61.235), a driver is obligated to stop when approaching a marked or unmarked crosswalk where a person has indicated an intention to cross. However, this same statute prohibits a pedestrian from suddenly entering into the path of an oncoming vehicle when it is impossible for the driver to stop in time.
What if the pedestrian tries to cross the road at a point other than a marked or unmarked crosswalk? The law (RCW 46.61.240) states that the pedestrian must yield the right of way to a vehicle on the roadway. This means that a pedestrian should almost always cross the street at a marked or unmarked crosswalk. An unmarked crosswalk is usually a location on the roadway at an intersection or cross street which may be used by persons to cross the street.
Under all circumstances however, a driver must exercise due care and watch out for pedestrians. See RCW 46.61.245. This means that if a driver can avoid hitting a pedestrian, or should have avoided hitting the pedestrian, then the driver may still be at fault regardless of where the pedestrian attempted to cross the street.
Given the status of the laws which govern pedestrian car accident cases, we must always focus on the facts of the accident. Here are some questions Davis Law Group typically will ask to help us investigate a case and determine if the driver is liable or partially liable for hitting a pedestrian:
- Where was the pedestrian in the roadway when he/she was hit?
- Why didn’t the driver see the pedestrian?
- What was the driver doing when the accident occurred?
- How fast was the driver going?
- What traffic control measures existed (stop sign, traffic light, PED signs, etc.)?
- How did the pedestrian cross the street?
- What do the witnesses state?
- What conclusions did the investigating police officer arrive at?
The answers to these questions will help us build a case on behalf of the injured pedestrian. So it is usuallyimportant that we get involved in the case as soon as possible so we can track down witnesses and gather evidence.
