The most common causes of pedestrian accidents in Seattle involve drivers failing to yield the right-of-way at intersections, excessive speed on arterial roads, and poor visibility.
Washington law is clear: drivers must stop for pedestrians at all intersections, whether the crosswalk is marked or not, which is why many injured walkers end up speaking with a Seattle pedestrian accident lawyer to understand their rights after a collision.
As pedestrian accident lawyers, unpacking the specific factors of your accident—from the design of the road to the time of day—is the first step we take to help you secure compensation after an accident.
If you have a question about a pedestrian accident that injured you or a family member, call Pendergast Law at (206) 620-0707.
Key Takeaways for Seattle Pedestrian Accidents
- Drivers have a broad duty to yield. Washington law requires drivers to stop for pedestrians at all intersections, marked or not, making failure to yield a primary cause of collisions.
- Partial fault does not prevent compensation. Washington's comparative fault rule means you may still recover damages even if you were partially responsible, though your award is reduced by your percentage of fault.
- The cause is rarely simple driver error. A thorough investigation considers factors like dangerous road design, poor lighting, and weather conditions to establish the full context of the accident.
The Anatomy of a Seattle Pedestrian Accident: It’s More Than Just “Driver Error”
When you're hit by a car, the immediate cause might seem obvious. But the "why" usually goes much deeper.
Insurers may try to simplify the story to their benefit. We look at the whole context.
Dangerous Road Design: When the Street Itself Sets the Stage
High-Speed Arterial Roads
Arterial streets are the location for a high percentage of severe and fatal pedestrian incidents in Seattle. These roads are typically wide and straight, which encourages higher speeds, making them particularly hazardous for anyone on foot, and this often affects how long pedestrian accident claims take to Settle, since crashes on fast-moving corridors usually involve more serious injuries and more complex investigations.
Local Note: Based on our practice, specific corridors like Aurora Ave N, Lake City Way NE, and roads in South Seattle have been repeatedly identified as hotspots for pedestrian collisions. The design of these streets prioritizes vehicle speed over pedestrian safety.
Poorly Lit or Marked Crosswalks
Inadequate lighting or faded paint makes it difficult for drivers to see pedestrians. This is a significant issue, especially at night or in Seattle’s frequent rain, when visibility is already compromised. An intersection that is safe on a bright, sunny day becomes treacherous in the dark and wet conditions common to the Pacific Northwest.
Intersection Flaws
Many accidents happen when a vehicle is turning. A driver focused on finding a gap in traffic may not see a person stepping into the crosswalk.
To combat this, Seattle has made efforts to fix dangerous intersections by installing "daylighting" upgrades, which involve removing parking spots near corners to eliminate blind spots, and adding Leading Pedestrian Intervals (LPIs) that give walkers a few seconds' head start before the light turns green for vehicles.
Driver Behavior That Breaches a Duty of Care
Failure to Yield the Right-of-Way
This is one of the most frequent causes of pedestrian accidents. Under Washington law, drivers must yield at virtually every intersection, marked or unmarked. A pedestrian who has entered a crosswalk has the right to proceed, and drivers have a legal obligation to stop and wait for them to cross safely.
Speed: The Decisive Factor in Survival
We’re not talking about breaking the speed limit here; responsible drivers must drive at a speed that is safe for the existing conditions.
A pedestrian's chance of dying jumps dramatically with even small increases in vehicle speed. According to a study by the AAA Foundation for Traffic Safety, the average risk of death is about 10% when a pedestrian is hit at 23 mph, but that risk increases to 25% at 32 mph and soars to 50% at 42 mph. This shows that a driver's decision to go just a few miles per hour faster is the difference between a serious injury and a fatality.
Distraction: More Than Just Texting
While cell phones are a well-known distraction, anything that takes a driver's attention off the road is a threat. This includes interacting with infotainment systems, eating, personal grooming, or simply being lost in thought and not fully present behind the wheel.
Impairment
Accidents caused by drivers under the influence of alcohol, cannabis, or other drugs remain a persistent problem. These substances impair judgment, slow reaction times, and reduce coordination, making it impossible for a driver to operate a vehicle safely.
Environmental and Situational Factors
Weather and Visibility
Seattle's characteristic rain, fog, and overcast skies reduce visibility for drivers. Wet roads also increase a car's stopping distance. Drivers have a legal responsibility to adjust their speed and attentiveness to account for these conditions, which is why it’s important to know how to protect yourself as a Washington pedestrian when weather makes collisions more likely.
Time of Day
The risk of pedestrian accidents typically increases during morning and evening rush hours when traffic is heaviest. Dusk is another high-risk time, as the changing light makes it harder for drivers' eyes to adjust and spot people walking.
Larger Vehicles (SUVs and Trucks)
The growing popularity of SUVs and light trucks contributes to more severe pedestrian injuries. These vehicles have higher front ends and larger blind spots, increasing the likelihood of a devastating impact, especially to a person's head and torso.
"But I Was Jaywalking"—How Washington's Comparative Fault Law Really Works
After an accident, it’s natural to worry that something you did could hurt your ability to get compensation. You might think, "I was crossing mid-block" or "I was looking at my phone." The insurance company for the driver will certainly investigate these details. But in Washington, being partially at fault does not automatically prevent you from recovering damages.
What Is Comparative Fault?
It's a legal principle that allows fault to be shared between everyone involved in an accident. If a court determines you were 10% responsible for the accident, your final compensation award would be reduced by 10%. This system ensures that you may still hold a negligent driver accountable even if you are found to have contributed in a small way.
Common Scenarios Where Pedestrians Worry About Fault
Crossing Outside a Crosswalk ("Jaywalking")
Crossing mid-block is not automatically illegal, but state law does require that pedestrians yield the right-of-way to vehicles when doing so (RCW 46.61.240). However, this does not give drivers a free pass.
A driver still has a fundamental duty to see what is there to be seen and to exercise due care to avoid a collision if possible. If a driver was speeding, distracted, or had a clear line of sight and ample time to stop, they still carry significant fault, even if you were not in a designated crosswalk.
Being Distracted or Using a Phone
Acknowledging that your attention was divided is an honest concern. This may be argued to contribute to fault. The key question a jury would consider is whether your distraction was a direct cause of the accident. We work to show that the driver's actions, such as speeding or failing to yield, were the primary and overriding cause of the collision.
Walking Against the Signal
Washington law is clear that pedestrians, like drivers, must obey traffic signals (RCW 46.61.050). But even here, circumstances matter. Was the "Don't Walk" signal flashing, indicating the last few seconds to cross? Did the driver accelerate into the intersection just as the light was changing or run a red light? The specific details are what define the percentages of fault in these tricky situations.
How We Investigate the True Cause of Your Accident
Identifying the causes we've discussed requires a deeper look than the police report. A thorough investigation is needed to build a complete factual record and protect you from being assigned an unfair share of the blame. This is what our team at Pendergast Law does for our clients, and it also helps highlight broader issues tied to pedestrian safety in Seattle, since many collisions stem from patterns we uncover during these reviews.
Our Process for Uncovering the Facts:
- Gathering Official Records: We start with the police report, but our investigation goes much deeper. We obtain available traffic camera footage, 911 call recordings, and data from the vehicle's event data recorder ("black box") if it is preserved.
- Interviewing Witnesses: We promptly reach out to anyone who saw the accident. Independent witness statements are invaluable in painting a clear picture of what happened, separate from the accounts of those directly involved.
- Consulting with Experts: In complicated cases, we may work with accident reconstructionists. These experts analyze physical evidence like skid marks and vehicle damage to provide scientific conclusions about factors like the driver's speed and reaction time.
- Examining the Location: We look closely at the intersection or stretch of road where you were hit. We document issues like poor lighting, overgrown vegetation blocking signs, or known design flaws that may have played a role in the incident.
Our deep experience with cases in Seattle means we are already familiar with many of the city's most dangerous locations and their specific, recurring problems. This knowledge helps us identify contributing factors that might otherwise be overlooked.
Frequently Asked Questions About Seattle Pedestrian Accidents
What if the driver who hit me was in a company vehicle?
This may mean the driver's employer may also be held responsible. This concept, known as "vicarious liability," applies if the driver was performing work-related duties at the time of the accident. Additionally, the company itself may be found negligent if it had poor hiring practices, failed to properly train its drivers, or did not properly maintain the vehicle.
Does Seattle's 'Vision Zero' policy help my case?
Vision Zero is Seattle's official policy goal to eliminate traffic deaths and serious injuries by 2030. While it is a policy and not a law you can sue under directly, it is a useful tool. It helps show that the city was aware that a specific intersection or road design was dangerous and failed to take reasonable steps to correct it. This may be relevant if a government entity shares some of the fault for the conditions that led to your accident.
I was hit on I-5. Do I even have a case?
Accidents involving pedestrians on highways are extremely difficult, but not automatically impossible. While pedestrians are generally not expected on an interstate, the investigation will focus on why the driver was unable to avoid the collision. Factors like the driver's speed, distraction, impairment, and the visibility at the time will all be examined closely.
How long do I have to file a lawsuit for a pedestrian accident in Washington?
Generally, you have three years from the date of the accident to file a lawsuit in Washington. This is known as the statute of limitations. However, if a government entity (like the City of Seattle or the state) is potentially at fault, the deadline to file a preliminary claim notice is much shorter. Act quickly to ensure all your legal rights are preserved.
Does the new law for injuring 'vulnerable users' apply to my situation?
Washington's vulnerable user law imposes higher penalties on drivers who negligently injure pedestrians, cyclists, and others. While this is primarily a traffic infraction with penalties like fines and license suspension, the driver being cited under this law is strong evidence of their negligence in your civil claim for compensation.
Get Clarity on Your Options
The next step is simple: get answers to what happened rooted in evidence. A careful look at the road design, the driver’s choices, the lighting, the weather, and the timing shows what really happened. This protects you from being blamed for things that were never yours to carry and gives you a fair path toward the compensation the law allows.
If you want to talk through what happened to you or a family member, call Pendergast Law at (206) 620-0707. We’ll walk you through what to expect and start building the record you need.