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(206) 800-8000Posted by Dubin Law Group
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.
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.
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.
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.
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 has represented injured people throughout Washington since 1995. He is the founding attorney of Dubin Law Group and focuses his practice on personal injury claims involving motor vehicle accidents, dangerous products, premises liability, catastrophic injuries, and wrongful death.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Matthew D. Dubin, who has more than 20 years of legal experience in personal injury cases.
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At the Dubin Law Group, we bring more than 40 years of experience to cases involving injuries to children and adults. We handle all accident cases on a contingent fee basis, meaning you will pay no attorney fees unless we recover compensation for you.
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