A car hit a man while in a marked crosswalk on N. Division St. and W. Rhoades Ave. in Spokane. The incident happened at E. Cozza Dr. around 8 pm Saturday, November 3, 2018. Fortunately, the man did not die and was taken to the hospital where he is recovering from his injuries.
This comes a month after another pedestrian was hit on N. Division less than a mile south on N. Division St at Kierman Ave, but in this case, the man wasn’t in a crosswalk. Police say that the area along N. Division is a dangerous place for pedestrians as many try to cross the busy street without using a marked crosswalk. In Washington State, Spokane is third behind Seattle and Everett in pedestrian accidents, and in Spokane, N. Division St. sees more pedestrian accidents than any other street.
Is it Safer in a Crosswalk?
On paper, yes, it’s safer in a crosswalk. Only nine percent of pedestrian fatalities happen in a marked crosswalk. However, a City of San Diego transportation study found that when using crosswalks, people are less aware of their surroundings and often expect that the cars will stop because they are using a crosswalk. This results in a higher than expected number of injuries.
Who’s at Fault in a Pedestrian Accident?
Washington State law requires a driver to stop for pedestrians and bicycles within a marked crosswalk even if the light is green. RCW 46.61.235. The law also says that a pedestrian or cyclist shouldn’t dart out into a crosswalk where a car is unable to avoid a collision, so caution should always be used at crosswalks. Does this mean outside a crosswalk, it’s always the pedestrian’s fault? The law doesn’t say that, in fact, the driver of the vehicle is always supposed to yield to a pedestrian, if possible.
So what happens when someone is injured crossing the street? Should they assume the insurance company is going to be fair and give them the compensation they deserve? While its possible, it probably won’t happen. Nothing personal, but that’s their job, to pay out as little as possible or even deny your claim. The best thing is to talk to an attorney who knows Washington pedestrian laws.
At Crary, Clark, Domanico, & Chuang, P.S, we know the law and can help you if you were injured inside or outside of a crosswalk. We have stood up to the insurance companies for others, and we can do it for you. To get the money you deserve for your injuries, call us at 509 926 4900 or click here to contact us online.
