Pedestrian accidents in Washington
A pedestrian hit by a car has no vehicle, no airbag and no crumple zone, so injuries tend to be serious. The claim is against the driver — but your own auto policy can matter even though you were on foot.
Right of way
Washington’s vehicle code requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections. Drivers also owe pedestrians ordinary care everywhere else, including a pedestrian crossing mid-block.
Whose insurance pays
The driver’s liability insurance pays first. If the driver was uninsured, underinsured or fled, your own auto policy’s uninsured/underinsured motorist coverage usually covers you as a pedestrian too — even though you were not in your car.
Insurers must offer personal injury protection with at least $10,000 in medical benefits; it can only be rejected in writing.
Fault
Under Washington’s pure comparative fault rule, a driver found 30% at fault recovers 70% of their damages, and a driver found 80% at fault still recovers 20%.
Crossing outside a crosswalk does not by itself defeat a claim; it becomes one factor in the fault split.
Source: Rev. Code Wash. § 4.22.005
Deadlines
3 years (Rev. Code Wash. § 4.16.080(2)). If a government vehicle or a road defect was involved, a much shorter clock applies. A standard tort claim form must be filed with the government entity, and a lawsuit cannot be started until 60 days after it is presented.
Real Washington results
Documented Washington verdicts and settlements from public court records.
| Case | Type | Result |
|---|---|---|
Liu v. State Farm Ins. Co 2021 · Car accident | Car accident | $1,500,000 verdict |
Gomez v. Clark 2022 · Car accident | Car accident | $400,000 verdict |
Laughner v. Spokane Authority Spokane County, 2015 · Rear-end collision | Rear-end collision | $1,500,000 settlement |
Mershon v. Hurley 2024 · Intersection crash | Intersection crash | $375,000 verdict |
Brown v. Aguilar King County, 2021 · Car accident | Car accident | $1,484,417 verdict |
Real cases, shown as recorded in public court records. Verdicts are jury awards; settlements are agreed payments. They are other people’s cases and not predictions of what your case is worth. Every case is different. Prior results do not guarantee a similar outcome.
Frequently asked questions
Does my car insurance cover me if I was hit while walking?
Often, yes. Uninsured/underinsured motorist coverage typically follows the policyholder, including as a pedestrian. Check your policy’s definitions.
Can I recover if I was jaywalking in Washington?
Under Washington’s pure comparative fault rule, a driver found 30% at fault recovers 70% of their damages, and a driver found 80% at fault still recovers 20%.
Compare your crash with real cases
Our AI matches what happened to you against documented Washington verdicts and settlements. Free, about 60 seconds.
More Washington guides
Washington cities
This guide in other states
This page is general information about Washington law, reviewed September 2026. It is not legal advice, laws change, and the right answer for your claim depends on its facts. CaseChecker.ai is not a law firm; it connects people with independent attorneys licensed in their state.