Who is at fault when a car hits a pedestrian in a crosswalk in Washington?

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

Where a Washington crosswalk begins and ends

A crosswalk needs no paint. Under RCW 46.04.160, a crosswalk at an intersection is the part of the road between the intersection area and an extension of the farthest sidewalk line. Where there are no sidewalks, it runs from the intersection area to a line ten feet away. A marked crosswalk can change those limits.

So most corners have a legal crosswalk, and drivers owe the same stop-and-remain-stopped duty there as at a painted one (RCW 46.61.235). Two exceptions: no one may cross at an unmarked crosswalk where an official sign forbids it, and between two intersections with working traffic signals, pedestrians may cross only in a marked crosswalk (RCW 46.61.240).

In Coleman v. Altman (1972), a pedestrian struck 30 to 40 feet into an intersection was outside the unmarked crosswalk. Mid-block crossings are covered in our jaywalking FAQ.

What the signal showed, and turning cars

Under RCW 46.61.060, a WALK signal lets you cross, and drivers must stop for you. A steady or flashing DON’T WALK tells pedestrians not to enter, but drivers must still stop for anyone who started before it appeared. Where there is no pedestrian signal, you may cross in the crosswalk on a green light unless the only green is a turn arrow (RCW 46.61.055).

RCW 46.61.055 also requires a driver turning on a green light or arrow to stop for pedestrians lawfully in the intersection, and a driver turning right or left on red must remain stopped for them.

How Washington courts weigh crosswalk crashes

In Burnham v. Nehren (1972), the Court of Appeals called a pedestrian’s crosswalk right-of-way “an exceedingly strong one” and agreed the driver was negligent as a matter of law. She did not keep a continuous watch on the crosswalk and positioned her car where another vehicle blocked her view of the crosswalk. A crosswalk is still “not an absolute sanctuary,” the court added. Today RCW 46.61.235(4) also bars passing a car stopped at a crosswalk for a pedestrian.

In Pudmaroff v. Allen (1999), the Washington Supreme Court upheld a ruling of liability against a driver who hit a bicyclist in a marked crosswalk: the driver had a duty of continuous observation, and her obscured view was no excuse.

A traffic violation is evidence a jury may weigh; among traffic rules, only driving under the influence counts as negligence by itself (RCW 5.40.050). Every driver must use due care to avoid any pedestrian and take proper precaution on seeing a child (RCW 46.61.245).

When the city shares the blame

In Chen v. City of Seattle (2009), a man was hit in a marked crosswalk on a five-lane Seattle arterial with no signal. The city had removed a pedestrian refuge island there in 2002, and at least eight other pedestrian crashes happened there in the next five years. The Court of Appeals revived the family’s case, holding that a jury may find a city breached its duty to keep roads reasonably safe based on the totality of the circumstances.

The Washington Supreme Court has refused to require a city to keep the middle of a block safe for a pedestrian who chose to cross there (Hansen v. Washington Natural Gas Co., 1981). Before suing a city or county, you present a tort claim form to its designated agent; a lawsuit can be filed only after 60 days pass, and the limitations clock stops running for those 60 days (RCW 4.96.020).

Shared fault, PIP and the deadline

Washington uses pure comparative fault. Any fault charged to you reduces your damages in proportion but does not bar recovery (RCW 4.22.005). The exception: an injured person who was under the influence, whose impairment was a proximate cause, and who is found more than 50 percent at fault recovers nothing (RCW 5.40.060).

Washington’s PIP law treats “a pedestrian accidentally struck by the insured automobile” as an insured, along with the named insured and resident relatives (RCW 48.22.005). Every new or renewed auto policy must come with an offer of PIP, but a named insured who signs a written rejection removes it (RCW 48.22.085). The minimum medical benefit is $10,000 (RCW 48.22.095). Most injury lawsuits must be filed within three years of the crash (RCW 4.16.080(2)).

What this means for your case

Fault often turns on details that fade fast, such as where you were on the corner and what the signal showed.

• Photograph the corner, sidewalk edges, paint, signs and signals.
• Note the car’s lane and how far across you were.
• Request video early; see getting traffic camera footage in Seattle.
• Find out from the driver’s carrier if PIP is on that policy, and save a copy of the declarations page for any auto policy in your household.
• If a dangerous design may have played a part, present a tort claim to the city or county well before the three-year deadline.

Our page on what happens if a pedestrian is hit in a crosswalk in Washington covers insurance in more detail, and is the driver always at fault? explains how blame gets split. Beverly Law handles pedestrian accident claims across Washington.

Call (310) 552-6959 for a free consultation. You owe no fees or costs unless we win.

Common questions

Related pages

Washington pedestrian accident lawyer · What happens if a pedestrian is hit in a crosswalk in Washington? · Is jaywalking illegal in California, Texas and Washington? · Is it always the driver’s fault if they hit a pedestrian? · Comparative fault in California, Texas and Washington · How do you get traffic camera footage in Seattle?

Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Last reviewed: November 9, 2026.