The Duty of a Driver and How it Relates to Pedestrians

Drivers have a critical duty of care toward pedestrians to ensure their safety on the road. This duty is governed by traffic laws and general principles of negligence. Understanding this responsibility is essential for both drivers and pedestrians to prevent accidents and ensure a safe road environment. Here are some specific situations that illustrate a driver’s duty to pedestrians:

• Crosswalks: At both marked and unmarked crosswalks, drivers must yield to pedestrians who are crossing or preparing to cross, particularly when turning at intersections.
• School Zones: In school zones, drivers must comply with reduced speed limits and be extra cautious for children crossing the street, often assisted by crossing guards.
• Parking Lots: When navigating parking lots, drivers should be cautious  as pedestrians may be walking between parked cars or crossing to enter buildings.
• Turning: When making a turn at an intersection, drivers must look out for pedestrians crossing the street they are turning into and yield the right of way.
• Driveways and Alleys: Drivers must yield to pedestrians on the sidewalk when entering or exiting driveways and alleys.

Drivers are required to exercise greater care when dealing with children, elderly individuals, or persons with disabilities, as these groups may be less predictable and require more time to cross the street. Additionally, in poor visibility conditions—such as at night, during rain, or in fog—drivers must be extra cautious and reduce speed to ensure they can see and yield to pedestrians effectively.

What is the duty of a driver to exercise due care?

The duty of a driver to exercise due care involves taking all reasonable precautions to avoid causing harm to others while operating a vehicle. Key aspects of this duty include:

• Obey traffic laws: Drivers must comply with traffic laws, signals, and signs, including speed limits, stop signs, yield signs, and traffic lights.
• Maintain vehicle control: Drivers must maintain control of their vehicle at all times, adjusting their driving to road conditions, weather, traffic, and visibility.
• Stay alert and attentive: Drivers must remain focused on the road and avoid distractions like eating, talking on the phone, texting, or using in-car entertainment systems.
• Proper vehicle maintenance: Drivers must ensure that their vehicle is in good working order, including brakes, tires, lights, and steering.
• Adapt to conditions: Drivers must adjust their driving to accommodate changing conditions, such as bad weather (rain, snow, fog), poor visibility, road construction, and heavy traffic.

What are the responsibilities of pedestrians while on or near the street?

Pedestrians also have specific responsibilities to ensure their own safety and the safety of others while on or near the street. These include:

• Obey traffic signals and signs: Pedestrians must follow traffic signals and signs, including pedestrian signals at intersections and crosswalks.
• Use crosswalks: Pedestrians should use marked crosswalks or intersections to cross streets whenever possible. If no crosswalk is available, pedestrians should cross at a location where they are visible to drivers and have a clear view of traffic.
• Yield right of way: When crossing a street at a place other than a marked or unmarked crosswalk at an intersection, pedestrians are required to yield to oncoming vehicles.
• Walk facing traffic: Pedestrians should walk on the left side of the road facing oncoming traffic to see and be seen by drivers when they are walking along a road without sidewalks.
• Be visible: Pedestrians should wear bright or reflective clothing, especially at night or in low-visibility conditions, to increase their visibility to drivers.
• Avoid distractions: Pedestrians should stay alert and avoid distractions such as using mobile phones, listening to music with headphones, or engaging in activities that divert their attention from their surroundings.

By following these responsibilities and safety practices, pedestrians can help reduce the risk of accidents and ensure a safer environment for themselves and others on or near the street.

How is fault determined in a pedestrian accident?

Determining fault in a pedestrian accident involves evaluating the actions of both the pedestrian and the driver, considering relevant laws, and examining the circumstances of the accident. Key factors include:

• Traffic laws: Were the driver and pedestrian obeying traffic laws at the time of the accident? This includes speed limits, traffic signals, stop signs, and pedestrian right-of-way laws.
• Accident location: Where did the accident occur? Was the pedestrian in a crosswalk, intersection, or jaywalking? Was the driver in a proper lane, making a legal turn, or driving in a restricted area?
• Driver and pedestrian behavior: Was the driver distracted, speeding, or driving under the influence of alcohol or drugs? Was the pedestrian distracted, crossing against a signal, or suddenly stepping into traffic?
• Visibility and conditions: Were visibility conditions poor due to weather, time of day, or obstructions? Were there any road conditions that contributed to the accident?
• Witness statements and evidence: What do eyewitnesses say about the accident? Is there any video footage from traffic cameras, dash cams, or nearby surveillance cameras?

When an accident occurs, the police usually create a report detailing the incident. The police may also issue citations if any traffic laws were violated, which can help in determining fault. An investigation may be conducted by insurance companies, law enforcement, or legal representatives.

In many jurisdictions, including Washington, comparative negligence is used to determine fault. Washington follows a comparative negligence rule, meaning if you are involved in an accident, you can recover damages even if you are partially at fault, but your compensation will be reduced by your relative degree of fault.

Insurance companies will have adjusters who investigate the claim and determine fault based on the gathered evidence. If there is a dispute over fault or significant damages, the case may go to court. A judge or jury will then examine all the evidence and testimonies to determine fault. Legal standards and precedents in the jurisdiction will help them decide whether the driver or pedestrian was at fault or the parties shared fault for the accident.

Contact Philbrook Law in WA today

Were you involved in an accident as a driver or a pedestrian? At Philbrook Law, our Vancouver, WA personal injury attorneys will work with investigators, medical professionals, and other experts to prepare your case and pursue fair damages. To schedule a free consultation at our office in Vancouver or Battle Ground, call or fill out our contact form today.