71-Year-Old Wheelchair User Killed Crossing North First St in Yakima

Washington law places an affirmative duty on drivers to exercise due care to avoid colliding with pedestrians on the roadway, regardless of who technically has the right of way. RCW 46.61.245 specifically requires drivers to use extra caution when they observe a child or an incapacitated person on the road, a category that can include someone crossing in a wheelchair. A driver who fails to slow, sound a horn, or otherwise yield to a vulnerable pedestrian can be found negligent even outside a marked crosswalk. This duty is often central to establishing liability in fatal pedestrian crashes like this one.

When a crash results in a death, RCW 4.20.010 allows the personal representative of the victim’s estate to bring a wrongful death claim on behalf of surviving family members. The statute allows recovery for losses such as medical and funeral expenses, and the loss of love, companionship, and support the family would have received. Eligible beneficiaries typically include a spouse, domestic partner, and children of the deceased. Families considering a claim should act promptly, since Washington imposes strict filing deadlines.