If you were injured while crossing the street outside a marked crosswalk, you may assume you have no legal options. A recent Washington Court of Appeals decision makes clear that assumption is often wrong.

In this case, a pedestrian suffered catastrophic injuries after being struck by a vehicle while crossing a roadway early in the morning on her way to work. Although the crossing was not marked, it included ADA curb ramps and bright yellow tactile paving, creating the appearance of an official crosswalk.

One driver stopped to allow the pedestrian to cross. Another driver swerved around the stopped vehicle and struck her, causing severe injuries including a traumatic brain injury.

The trial court initially dismissed the case, reasoning that the pedestrian was jaywalking and had assumed the risk of being hit. The Court of Appeals reversed that decision. The appellate court made several important rulings:

• First, cities in Washington have a duty to maintain reasonably safe roadways for all users, including pedestrians who may be partially at fault. Even if a pedestrian is jaywalking, that conduct goes to comparative fault, not automatic dismissal of a claim.
• Second, confusing or misleading road design can create liability for municipalities when pedestrian use is foreseeable.
• Finally, drivers still owe a duty of reasonable care, even when pedestrians are required to yield the right of way.

In short, alleged jaywalking does not automatically defeat a pedestrian injury claim in Washington. Questions of fault and responsibility are typically decided by a jury, not dismissed early by a court.

Injured as a pedestrian in Washington? At GBDK Law, we represent people seriously injured by negligent drivers. If you or a loved one was struck by a vehicle, even at an unmarked crossing, you may still have a valid claim. Contact GBDK Law at 206-878-4100 to discuss your case and protect your rights.