If You Hit Someone Jaywalking, Who Is at Fault?

Colburn Law

Posted by Greg Colburn in Car Accidents,Pedestrian Safety,Personal Injury on April 4, 2025

Car accidents involving pedestrians can be complex, especially when pedestrians are jaywalking. Many drivers wonder, “If you hit someone jaywalking, who is at fault?” In Washington, liability depends on multiple factors, including right-of-way laws, driver duty of care, and whether the pedestrian behaved negligently. These cases can often lead to disputes between drivers, pedestrians, and insurance companies. Our firm, Colburn Law—Accident and Injury Lawyers, is here to help you understand your legal options after a pedestrian accident and protect your rights.

What Is an Accident Caused by Jaywalking?

Jaywalking occurs when a pedestrian crosses a street outside of a designated crosswalk or disregards traffic signals, violating pedestrian traffic laws. It typically happens in areas where pedestrians are not legally allowed to cross, creating safety risks and increasing the likelihood of accidents. In Washington, for example, pedestrians must yield to vehicles outside marked crosswalks.

Determining fault in a jaywalking accident can be complicated. Liability often depends on:

• Traffic conditions and visibility
• Whether the driver was speeding or distracted
• If the pedestrian suddenly enters the traffic
• Road and weather conditions

Severe injuries, including broken bones, spinal damage, and traumatic brain injuries, are common in these accidents. Because both parties may try to shift blame, legal disputes often arise.

Do Pedestrians Always Have the Right of Way in WA?

Jaywalking accidents are common in busy areas in Washington, where pedestrians frequently cross outside marked crosswalks. Under Washington State Law RCW 46.61.240, pedestrians must yield to vehicles when crossing outside designated areas, making liability a key legal issue in these accidents.

The law also notes that pedestrians who fail to adhere to crosswalk rules or suddenly enter traffic may be considered negligent, particularly if they step out unexpectedly. This negligence can affect liability in an accident. While drivers are required to remain alert, they are not automatically at fault in every pedestrian-related incident.

Do Pedestrians Have Right of Way When Jaywalking?

No, pedestrians do not have the right of way while jaywalking. In Washington, jaywalking is considered an unlawful crossing. While drivers must exercise caution and avoid hitting pedestrians, jaywalkers who step into the roadway without warning may be found partially or entirely at fault.

However, fault is not automatically assigned to the pedestrian. Each case must be evaluated based on traffic conditions, visibility, and whether the driver could have reasonably avoided the collision. If a driver was distracted, speeding, or under the influence of alcohol during the accident, they may share responsibility. On the other hand, if a pedestrian darted into the street suddenly, they may be fully liable.

Additionally, Washington law does not explicitly criminalize jaywalking, but it does prohibit pedestrians from crossing streets in a manner that disrupts traffic flow. While a police officer may issue a citation for unsafe pedestrian behavior, that does not always determine civil liability in a personal injury case.

Who Is Responsible When a Pedestrian Is Hit While Jaywalking?

Fault in a jaywalking accident depends on several factors, including the pedestrian’s actions and the driver’s level of care.

• If pedestrians recklessly enter traffic and do not give the driver time to stop, they may be held primarily responsible.
• If a driver was speeding, distracted, or under the influence, they may bear some or all liability.
• If both the driver and pedestrian acted negligently, Washington’s comparative fault law applies, meaning both parties may share responsibility.

Because Washington follows a comparative negligence system, an injured pedestrian’s compensation may be reduced based on their percentage of fault. Insurance companies often investigate liability, analyzing surveillance footage, witness statements, and police reports.

In some cases, both the pedestrian and driver may be partially at fault. For example, if a driver exceeds the speed limit but a pedestrian jaywalks without checking for oncoming traffic, both parties may share liability. This division of fault affects how compensation is awarded.

Is It Possible to Receive Compensation If You Were Jaywalking?

Yes, an injured pedestrian may still recover compensation even if they were jaywalking. Washington follows a pure comparative negligence rule, meaning an injured party can seek damages even if they were partially responsible for the accident. However, their compensation may be reduced by their percentage of fault.

For example, if a pedestrian is found 40% responsible for an accident and the damages total $100,000, they may only recover $60,000. The same applies to drivers if they sustain injuries in a crash involving a jaywalking pedestrian.

Compensation in pedestrian accidents may cover the following:

• Medical bills, including hospital stays, surgeries, and rehabilitation
• Lost wages if the victim is unable to work due to injuries
• Pain and suffering, emotional distress, and diminished quality of life
• Property damage if personal belongings were damaged in the accident

While pedestrians may still recover damages, insurance companies often challenge their claims by arguing that they contributed significantly to the accident. Working with an experienced Washington personal injury attorney can help protect your rights and maximize your compensation.

Steps to Take After a Jaywalking Accident

If you are involved in an accident with a jaywalking pedestrian, taking the proper steps can protect you legally and financially:

1. Call 911: Report the accident and request medical assistance if needed.
2. Gather evidence: Take photos of the accident, including road conditions, traffic signals, and any visible injuries.
3. Get witness statements: If anyone saw the accident, ask for their contact information and statement.
4. Exchange information: Obtain the pedestrian’s name, contact details, and other relevant information.
5. Seek medical attention: Even if you feel fine, injuries can develop later.
6. Contact an attorney: An Experienced Car Accident lawyer can help assess liability and negotiate with insurance companies.

Involved in a Jaywalking Accident? Call Us!

Understanding your legal rights after an accident involving a jaywalking pedestrian is crucial. If you’re asking if you hit someone while jaywalking, who is at fault? The answer depends on how the law applies to your specific situation. Whether you’re a driver worried about liability or a pedestrian seeking compensation, having the proper knowledge can make all the difference. Our Washington Car Accident Lawyers are here to help. Contact Colburn Law at 206-919-3215 for a free consultation today.

Check Out More Helpful Articles

• What is the Average Car Accident Settlement Amount?
• What to Do After a Car Accident Not Your Fault in Seattle, WA
• 18-year-old Driving Restrictions Washington State