By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Hit by a car while walking?
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What to do after being hit by a car in Washington
- Get medical care and keep the records.
- Report the crash to police within 72 hours. If a car caused the crash without touching you, Washington’s underinsured motorist law covers a “phantom vehicle” only if the crash was reported to law enforcement within 72 hours and can be corroborated by evidence other than your own testimony (RCW 48.22.030(8)).
- Get witnesses. For a phantom vehicle claim, an independent witness or video is required by statute.
- Ask about PIP. Ask the driver’s insurer and your own whether the policy has personal injury protection. It can pay medical bills early.
- Photograph the scene. Crosswalk markings, signals, curb ramps, lighting and the car.
- Do not give a recorded statement to the driver’s insurer before you get advice.
Washington’s right-of-way rules for pedestrians
Stop and stay stopped. Washington’s crosswalk rule is stricter than most. A driver must stop and remain stopped to let a pedestrian cross in a marked or unmarked crosswalk when the pedestrian is on, or within one lane of, the half of the road the car is traveling on or turning onto. “Half of the roadway” means all lanes going one direction, and the full width of a one-way street. Drivers may not pass a car stopped at a crosswalk, and fines double in school, playground and crosswalk speed zones (RCW 46.61.235).
Your duties. You may not suddenly leave the curb into the path of a car that cannot stop (RCW 46.61.235(2)). Outside a marked or unmarked crosswalk, you must yield to vehicles, and between adjacent intersections with signals you must use a marked crosswalk (RCW 46.61.240). Where there is a sidewalk you must use it. Without one, use the shoulder facing traffic (RCW 46.61.250).
Every driver’s duty. Regardless of those rules, every driver must use due care to avoid colliding with any pedestrian, sound the horn when needed, and take extra precautions around children and confused or incapacitated people (RCW 46.61.245).
A Washington quirk. Breaking a traffic statute is not automatic negligence in Washington. It is evidence a jury may consider. Driving under the influence is the exception: a DUI is negligence per se (RCW 5.40.050). See hit in a crosswalk in Washington and is jaywalking illegal?
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The three-year deadline and pure comparative fault
| Rule | Washington law | Source |
|---|---|---|
| Deadline to sue for injury | 3 years | RCW 4.16.080(2) |
| Your own share of fault | Reduces the award, never bars it | RCW 4.22.005 |
| More than one driver at fault | If you were not at fault, the defendants are jointly and severally liable | RCW 4.22.070(1)(b) |
| Claim against a city or county | Standard tort claim form to the agent within the limitations period; wait 60 days to sue | RCW 4.96.020 |
| Claim against the state | Claim to the Office of Risk Management; wait 60 days to sue | RCW 4.92.100; 4.92.110 |
| Driver’s minimum liability insurance | $25,000 per person, $50,000 per accident | RCW 46.29.090 |
Under pure comparative fault, a pedestrian found 60% at fault still recovers 40% of the damages, which would recover nothing in Texas. Washington’s joint and several rule also helps a fault-free pedestrian hit in a crash between two cars: each defendant can be made to pay the whole judgment. In October 2026 a 16-year-old was killed on a sidewalk near Pacific Highway South and South 304th Street in Federal Way after two cars collided and one left the road. Prosecutors charged both drivers (Federal Way sidewalk crash). A person on the sidewalk is almost never at fault in a crash like that.
Wrongful death claims are brought by the personal representative for the family under RCW 4.20.010. See Washington wrongful death statute of limitations and Washington car accident statute of limitations.
How a Washington pedestrian claim gets paid
The driver’s liability insurance. The minimum is $25,000 per person and $50,000 per accident (RCW 46.29.090), lower than California’s or Texas’s.
PIP, which can cover you on foot. Insurers must offer personal injury protection, though the named insured may reject it in writing (RCW 48.22.085). The minimum benefits are $10,000 for medical and hospital bills, $10,000 in income continuation at up to $200 a week, $5,000 for loss of services and $2,000 for funeral expenses (RCW 48.22.095). Washington defines an “insured” for this coverage to include the named insured and resident relatives, and also “a pedestrian accidentally struck by the insured automobile” (RCW 48.22.005(5)). So if the driver who hit you bought PIP, it can pay your medical bills even if you own no car.
Underinsured motorist coverage. Washington auto policies must offer UIM coverage for underinsured vehicles, hit-and-run vehicles and phantom vehicles, unless the named insured or spouse rejects it in writing. “Underinsured” includes a driver with no insurance at all (RCW 48.22.030). The statute’s exclusions are for riding a motorcycle and for occupying a vehicle you own or regularly use that the policy does not insure, so the coverage follows you when you walk.
Hit-and-run and phantom vehicles. A hit-and-run car that struck you is covered as a hit-and-run vehicle. A car that caused you to be hurt without touching you, for example by forcing you to jump out of the crosswalk, is a phantom vehicle and needs the 72-hour police report and independent corroboration. Spokane police were still looking for the driver in an October 2026 fatal hit-and-run at West Maxwell Avenue and North Walnut Street (Spokane hit-and-run). In cases like that, the family’s own UIM coverage may be the only insurance available.
If a semi-truck was involved, see our Washington truck accident lawyer page.
Dangerous roads and claims against Washington governments
In Keller v. City of Spokane, 146 Wn.2d 237 (2002), the Washington Supreme Court held that a city owes a duty to all persons, whether negligent or fault-free, to build and maintain its roadways in a condition reasonably safe for ordinary travel (opinion). The plaintiff’s own carelessness goes to comparative fault and does not erase the city’s duty.
Before suing a city, county, transit agency or other local government, you must present a claim on the standard tort claim form to the agent the government appointed, within the limitations period. You then wait 60 days before filing suit, and the statute of limitations is paused during that wait (RCW 4.96.020). Claims against the state go to the Office of Risk Management with the same 60-day wait (RCW 4.92.100; 4.92.110). The form asks for the time and place, the people involved and the damages claimed, so it takes preparation. More: crashes caused by potholes and dangerous roads.
Pedestrian deaths in Washington
- The Washington Traffic Safety Commission reports 160 pedestrian deaths in 2023, an all-time high, 158 in 2024 and 148 in preliminary 2025 data, the third-highest year on record. WTSC calls the number of pedestrian deaths one of the most disturbing trends in state traffic data (WTSC, May 19, 2026).
- GHSA puts Washington’s 2025 rate at 1.86 pedestrian deaths per 100,000 residents, against 1.97 nationally (GHSA).
- Nationally, 76.5% of pedestrian deaths in 2024 with known lighting happened after dark (GHSA report).
In October 2026 a pedestrian was killed in the northbound lanes of 15th Avenue Northwest in Ballard, Seattle. Police said the pedestrian ran into traffic and the driver stayed and cooperated (15th Ave NW, Seattle). Under pure comparative fault, police accounts like that do not settle a civil claim. The driver’s speed, attention and the lighting still matter. See is the driver always at fault? and common causes of pedestrian accidents.
Local pages: Seattle, Bellevue, Tacoma, Everett, Spokane and Vancouver.
Evidence to gather in Washington
- The police report within 72 hours, and a copy once it is ready.
- Independent witnesses or video. Required for a phantom vehicle claim, and useful in every case.
- Toxicology. A DUI driver is negligent per se under RCW 5.40.050, which simplifies proof of fault.
- Every policy. The driver’s liability and PIP, your own UIM and PIP, and the policies of relatives you live with.
- Medical records. See what a pedestrian claim is worth.
Related pages
- Who is at fault when a car hits a pedestrian in a crosswalk in Washington?
- California pedestrian accident lawyer
- Texas pedestrian accident lawyer
- Seattle pedestrian accident lawyer
- Hit in a crosswalk in Washington
- Washington car accident statute of limitations
- Washington truck accident lawyer
Common questions
How long do I have to sue after being hit by a car in Washington?
Three years under RCW 4.16.080(2). Against a city, county or the state, you must first file a tort claim and wait 60 days before suing. The limitations period is paused during that wait.
I was crossing outside a crosswalk. Can I still recover in Washington?
Yes. Washington’s pure comparative fault rule reduces your recovery by your share of fault but never bars it. Every driver must still use due care to avoid hitting a pedestrian under RCW 46.61.245.
I don’t own a car. Can any insurance pay my medical bills?
Possibly. Washington defines an insured for PIP to include a pedestrian accidentally struck by the insured car, so the driver’s PIP, if the driver bought it, can pay. If you live with a relative who has an auto policy, that policy’s PIP and UIM may also cover you.
What if the car never touched me?
If a driver forced you out of the way and you were hurt, Washington UIM coverage can apply to a phantom vehicle, but only if the crash was reported to police within 72 hours and is corroborated by evidence other than your own testimony.
Is a driver who broke a traffic law automatically at fault in Washington?
No. Under RCW 5.40.050 a statute violation is only evidence of negligence. Driving under the influence is the exception and counts as negligence per se.
What if a city bus or a dangerous road caused the crash?
File the standard tort claim form with the government’s claims agent, then wait 60 days before suing. Under Keller v. City of Spokane, cities must keep roads reasonably safe for all users.
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Sources
- RCW 46.61.235
- RCW 46.61.240
- RCW 46.61.245
- RCW 46.61.250
- RCW 5.40.050
- RCW 4.16.080
- RCW 4.22.005
- RCW 4.22.070
- RCW 4.20.010
- RCW 4.96.020
- RCW 4.92.100
- RCW 4.92.110
- RCW 46.29.090
- RCW 48.22.005
- RCW 48.22.030
- RCW 48.22.085
- RCW 48.22.095
- Keller v. City of Spokane, 146 Wn.2d 237 (2002)
- Washington Traffic Safety Commission, 2025 preliminary data (May 19, 2026)
- GHSA, Pedestrian Traffic Fatalities by State: 2025 Preliminary Data (July 2026)
- GHSA full report (PDF)
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. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 6, 2026.