Can pedestrians be partially at fault for an accident?

Pedestrians usually have the right of way, but that doesn’t mean they’re off the hook if something goes wrong. In Washington, you can share the blame for an accident, even if you’re on foot. It all comes down to how the law views fault and responsibility.

Understanding shared fault in accidents

Washington uses a rule called “comparative fault.” That means more than one person can be held responsible for an accident. If you’re a pedestrian and you were distracted, jaywalking, or crossing against the signal, you could be found partially at fault. This doesn’t prevent you from getting compensation, but it can reduce what you receive.

How partial fault affects compensation

If you’re partly at fault, your compensation goes down by your percentage of fault. So, if you’re 20% at fault and your damages total $10,000, you could still recover $8,000. But if you’re more than 50% responsible, you may not be able to recover anything. That’s why details matter in these cases.

Common actions that may share blame

Certain pedestrian behaviors can shift some of the blame. Crossing the street while looking at your phone, ignoring walk signals, or darting into traffic can all affect your case. Drivers still have to be careful, but your actions play a role in determining who owes what.

Why your actions matter

Even if a car hits you, your actions before the accident can influence the outcome. Pay attention to traffic signals, stay alert, and use crosswalks. Doing these things helps keep you safe and makes it easier to show you weren’t to blame if something does happen.

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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