Depending upon the type of road that a Washington resident must travel on, their speed may be relatively low or quite fast. Local roads through neighborhoods and congested commercial areas often have low speed limits because there are more vehicles, pedestrians and obstacles for drivers to look out for. On interstates and highways, though, speed limits are much higher as many such hazards are presumed to be removed from the paths of drivers.
However, from time to time a tragedy occurs on Washington highways where pedestrians are struck and sometimes killed by drivers. To answer the question posed in this post’s title, liability for a highway-based pedestrian accident will depend upon which party – the driver or the pedestrian – was at fault for the crash.
A pedestrian who attempts to cross a highway or otherwise puts themselves in harm’s way may find that they do not have rights to sue for their personal injuries. This outcome may result if the pedestrian was at fault for the collision that hurt them. However, there are many legitimate circumstances under which pedestrians may be on or near highways and may be harmed by drivers who do not exercise caution around them.
For example, when vehicles break down on highways or when vehicle crashes occur, drivers and pedestrians must get out of their cars and stand on the shoulders and sides of highways as they wait for help. Drivers who hit pedestrians in these circumstances may be liable for their victims’ injuries.
The facts of a highway-based pedestrian accident will control whether the pedestrian or the driver is responsible for the victim’s injuries. A personal injury attorney can help a victim sort out their potential case and prepare claims to seek the recovery of their accident-related damages.