A pedestrian hit by a car has almost nothing in their favor physically and almost everything in their favor legally. Washington and Oregon law gives pedestrians clear right-of-way protections in crosswalks, at intersections, and on shoulders. Insurance carriers do not always honor those protections in their initial offer. Telaré Law represents pedestrians across Washington and the Pacific Northwest, including in Kennewick, Richland, Pasco, Bend, and the surrounding regions.
Kennewick Pedestrian Accidents and Tri-Cities Common Crash Hotspots
If you are looking for a pedestrian accident attorney in Kennewick or anywhere in the Tri-Cities, this is what you need to know about how pedestrian crashes here are different from anywhere else in the state. The corridors that produce most of our Kennewick pedestrian cases are Clearwater Avenue, Columbia Center Boulevard near the mall, Edison Street, and Highway 395 frontage roads. The common factor is wide arterials with high posted speeds, retail driveways that interrupt pedestrian flow, and signal timing that gives pedestrians inadequate crossing time. The Washington Traffic Safety Commission’s pedestrian crash data consistently identifies these corridor patterns as overrepresented in serious-injury crashes.
Pasco’s Court Street and Lewis Street corridors and Richland’s George Washington Way show similar patterns. Insurance defense lawyers know the geography, and so should you.
Washington Pedestrian Right-of-way Law (RCW 46.61.235)
Under RCW 46.61.235, every driver in Washington must stop and remain stopped to allow a pedestrian to cross the roadway within an unmarked or marked crosswalk when the pedestrian is upon or within one lane of the half of the roadway upon which the vehicle is traveling. This is broader than most drivers understand. Every intersection has a crosswalk, marked or not, unless explicitly prohibited. Drivers are required to yield even when paint is not visible on the pavement.
Other Relevant Washington Pedestrian Rules
- RCW 46.61.245 prohibits passing a vehicle stopped at a crosswalk for a pedestrian
- RCW 46.61.260 makes drivers responsible for due care toward pedestrians on roadways even outside crosswalks
- RCW 46.61.526 is Washington’s vulnerable user law: enhanced penalties when a traffic infraction kills or seriously injures a pedestrian, cyclist, or other vulnerable road user
Common Washington Pedestrian Accident Pattern Types
When a Turning Driver Claims They Never Saw You in the Crosswalk
A driver turning right on red or turning left across traffic strikes a pedestrian crossing legally with the walk signal. The driver almost always says I didn’t see them. In a case like this we respond with intersection diagrams, signal timing pulls, and sight-distance analysis. These cases are typically 100% on the driver.
When a Reversing Vehicle in a Parking Lot Strikes a Pedestrian
Walmart, Costco, and shopping center parking lots produce a steady volume of pedestrian-versus-backing-vehicle claims. Some involve large trucks and SUVs with rear blind spots that exceed 25 feet directly behind the vehicle. Federal rear visibility standards (FMVSS 111) require backup cameras on most new vehicles, but the standards have not eliminated the problem.
Speeding Through Residential and School Zones
Pedestrians struck at 20 mph survive the impact about 90% of the time. Pedestrians struck at 40 mph survive about 50% of the time. This finding from AAA Foundation for Traffic Safety research is one reason school zone violations and speed cameras have become higher enforcement priorities in both states.
Hit-and-run Pedestrian Accident Incidents
Hit-and-run cases against pedestrians have risen in both states. The pedestrian’s own auto insurance UM coverage usually applies even when the pedestrian was not in a vehicle. Coverage often extends to household members who do not own a car if a relative’s policy applies.
Most Common Injuries From Pedestrian Accidents
Pedestrians hit by passenger cars sustain a predictable injury pattern: lower-extremity fractures from the bumper, pelvic injuries from the hood line, head and chest injuries from the secondary impact with the windshield or the ground. The injuries scale rapidly with vehicle speed and whether the striking vehicle is a tall SUV or pickup truck (which strike pedestrians higher on the body).
- Tibia, fibula, and femur fractures from initial bumper contact
- Pelvic ring fractures from hood-line strikes (high-mortality injuries even when survivable)
- Traumatic brain injuries from secondary impact
- Cervical spine injuries
- Internal organ damage from chest and abdomen impacts
- Compound fractures and degloving injuries when the pedestrian is run over
Washington Coverage and Recovery in Pedestrian Cases
Washington Driver’s Auto Liability Insurance
The at-fault driver’s auto policy pays first. Washington’s minimum bodily injury liability is $25,000 per person under RCW 46.30.020.
How Your Uninsured Motorist Coverage Applies When You Were Hit on Foot
If the at-fault driver is uninsured, underinsured, or unidentified (hit-and-run), the pedestrian’s own auto policy typically provides UM coverage even though the pedestrian was on foot. In Washington under RCW 48.22.030, UM must be offered with every auto policy and rejection must be in writing.
Health Insurance Subrogation in Washington Injury Cases
Health insurance pays your medical bills as they are incurred, then asserts a lien for repayment from your settlement. The lien is often negotiable. ERISA plans, Medicare, and Medicaid each follow different rules. We coordinate with health insurers and government payors so that the net recovery to the client is maximized.
Washington Statute of Limitations for Pedestrian Accident Claims
Three years in Washington under RCW 4.16.080. Cases against government entities require tort claims notices that may be due in as little as 60 to 180 days from the date of injury.
Working with Telaré Law on your pedestrian accident claim
Pedestrian cases reward thorough early investigation. We pull intersection signal timing, secure surveillance video from nearby businesses before it is overwritten (most retail security systems overwrite within 30 days), interview witnesses, and obtain the driver’s cell phone records if distracted driving is suspected. Lastly, reconstruction of the events immediately prior to the incident help establish what really happened.
Call (509) 652-2362 for our Washington office. Free consultation. No fee unless we recover.
Frequently Asked Questions About Washington Pedestrian Accidents
What if I was not in a crosswalk?
You can still recover. Drivers in both states have a duty of due care toward pedestrians regardless of crosswalk status (RCW 46.61.260 in Washington). The pedestrian’s location may become a comparative fault issue but does not bar recovery. Washington’s pure comparative fault rule under RCW 4.22.005 lets you recover even if you are mostly at fault as the recovery is reduced by your percentage of fault.
What if the driver says I stepped out from between parked cars?
This is a common defense argument. We respond with sight-distance analysis, witness statements, and physical evidence from the impact location. Many of these defenses do not survive scrutiny. Even when they do, comparative fault in Washington still allows recovery.
How do I know who pays my medical bills while the case is pending?
Your health insurance typically pays first, then asserts a lien for repayment from your settlement. If you have PIP coverage on your own auto policy, that may also apply. We coordinate the order of payments and handle the lien negotiations so that you do not have to.
What if I was hit by a hit-and-run driver?
Your own auto policy’s UM coverage typically applies even when you are on foot. If you do not own a car but live with a relative who does, their UM coverage may extend to you as a resident relative. We can help identify every coverage source.
How long do I have to file a pedestrian accident claim?
Three years in Washington under RCW 4.16.080. If the at-fault driver was operating a government vehicle (city bus, school district vehicle, state employee), a tort claims notice is required and may be due in as little as 60 to 180 days. Do not wait to submit a claim.
