Short answer: Pedestrians have the right-of-way in every marked and unmarked crosswalk in Washington, which means at nearly every intersection, whether or not it has painted lines. But that right-of-way isn't absolute. A pedestrian can't step off a curb into the path of a car that's too close to stop, and pedestrians crossing mid-block outside a crosswalk must yield to traffic. Understanding the difference matters if you've been hit by a car, because it directly affects who's at fault and how much your claim is worth.
If you or someone you love was hurt in a crosswalk or on a Vancouver, WA or Portland, OR-area street, here's what Washington law actually says, and what to do next.
Is Every Intersection a Crosswalk in Washington?
Yes, and this surprises a lot of people. Washington law doesn't require painted lines to create a crosswalk. Under RCW 46.04.160, a "crosswalk" is defined as the portion of the roadway between the intersection area and the extension of the sidewalk line, or, if there's no sidewalk, a line ten feet out from the intersection, unless a marked crosswalk changes that boundary.
In plain terms: every corner where two streets meet has a legal crosswalk, painted or not. That's why the driver's-ed answer to "pedestrians crossing at corners have the right-of-way" is true. It doesn't matter whether the city ever painted stripes on the pavement. The unmarked crosswalk exists by operation of law, and drivers have the same duty to stop for a pedestrian in it as they would at a painted crosswalk.
Mid-block, it's different. Away from an intersection, a crosswalk only exists where one has been marked. Step off the curb in the middle of a block with no painted crosswalk, and you're outside a legal crosswalk, which changes who has to yield to whom (more on that below).
When Must a Driver Stop for a Pedestrian?
Washington's crosswalk law, RCW 46.61.235, puts the legal duty squarely on drivers. An approaching vehicle must stop, and stay stopped, for a pedestrian who is in a marked or unmarked crosswalk and is either on the driver's half of the road or within one lane of it. If you're a pedestrian in the crosswalk, or about to be, on the side of the street the car is driving on (or the next lane over), that driver has to yield to you, full stop.
The same statute makes clear that a driver stopped at a crosswalk to let a pedestrian cross can't be passed by another vehicle coming up from behind, which is one of the more common and dangerous ways crosswalk collisions happen: one car stops for a pedestrian, and a second driver, not realizing why traffic has stopped, drives around the first car and hits the pedestrian who's already partway across.
Drivers owe a similar duty on sidewalks. Under RCW 46.61.261, a driver must yield the right-of-way to any pedestrian on a sidewalk. In practice, that duty applies anywhere a driveway or alley crosses a sidewalk too: a car backing out of a driveway or pulling out of a parking lot has to look for, and yield to, people walking on the sidewalk it's crossing.
Beyond these specific statutes, every driver in Washington owes pedestrians a general duty of reasonable care: watching the road, driving at a safe speed for conditions, and reacting to people they can see or should see. A driver who's speeding, distracted, or impaired can be at fault for hitting a pedestrian even in situations the crosswalk statute doesn't address directly.
When Do Pedestrians Have to Yield?
The right-of-way runs the other way in a few common situations.
Crossing outside a crosswalk. Under RCW 46.61.240, a pedestrian who crosses the roadway at any point other than a marked or unmarked crosswalk has to yield to vehicles on the road. This is the classic "jaywalking" scenario, and it flips the right-of-way: the pedestrian, not the driver, has the legal duty to yield.
Between signals. If you're on a block between two intersections that both have working traffic signals, Washington law requires you to cross only in a marked crosswalk. You can't legally cross mid-block on that kind of street even if there's no crosswalk nearby.
Diagonal crossing. You can't cut diagonally across an intersection unless a signal or sign specifically allows it.
Stepping out too late. Even within a crosswalk, a pedestrian can't suddenly leave a curb or other safe spot and walk into the path of a vehicle that's so close it has no way to stop in time. The crosswalk gives you the right-of-way, but it doesn't let you step in front of a car that has no realistic chance to avoid you.
None of this means a pedestrian who technically violated one of these rules has no case after a collision. It means fault gets shared, which Washington handles differently than a lot of people assume (see below).
What About Walking Along the Road, With No Sidewalk?
A lot of streets in and around Vancouver and the surrounding county don't have sidewalks. RCW 46.61.250 covers this directly. Where a sidewalk exists and is usable, walking in the road next to it is against the law. Where there's no sidewalk, or it isn't accessible, a pedestrian has to walk on the shoulder if one exists, as far from the traveled roadway as practical, facing oncoming traffic. If there's no shoulder either, you walk as close to the outside edge of the road as practical, again facing traffic, and move clear of the road when a vehicle approaches if you can.
Facing traffic matters. It's not just a suggestion: it's what the statute requires, and it's also what lets you see a car drifting toward you in time to get out of the way. The same law requires a pedestrian in this situation to use reasonable care to avoid a collision, which is a real duty, but it doesn't shift the primary responsibility away from a driver who fails to see and avoid someone walking along the shoulder.
What If You Were Partly at Fault?
This is often the question people are actually most worried about after a pedestrian accident: "I wasn't in the crosswalk" or "I was crossing mid-block" or "I didn't see the car coming." Here's the good news: being partly responsible doesn't wipe out your claim in Washington. RCW 4.22.005 establishes what's known as pure comparative fault, and under it, a claimant's compensation is reduced in proportion to their share of the blame rather than eliminated because of it.
In practice, that means if a jury or an insurance adjuster determines a pedestrian was, say, 20% at fault for crossing outside a marked crosswalk, that pedestrian can still recover 80% of their damages from the driver. Washington doesn't cut injured pedestrians off just because they share some blame, the way a handful of other states do. It's one of the more pedestrian-friendly comparative fault rules in the country, and it's a major reason it's worth talking to an attorney even when you think you might have done something wrong, rather than assuming you have no case.
Insurance companies know about comparative fault too, and they routinely use it to argue a pedestrian was more at fault than they actually were, specifically to shrink the payout. That's one of the most common ways legitimate pedestrian injury claims get undervalued.
Steps to Take After a Pedestrian Accident
If you've been hit by a vehicle while walking, what you do in the days that follow can affect both your health and your claim.
- Get medical attention, even if you feel okay. Adrenaline masks pain, and some injuries (head trauma, internal injuries, soft-tissue damage) don't show symptoms right away. A medical record close to the date of the accident also matters for your claim.
- Call the police and get a report. An official accident report documents the scene, the parties involved, and often an initial assessment of fault.
- Get the driver's information and insurance details, and, if possible, photos of the scene, the vehicle, the crosswalk or road markings, and your own injuries.
- Get witness names and contact information. Independent witnesses are often the difference in a disputed right-of-way case.
- Be careful what you say to insurance adjusters, including your own. Statements about who was where, and how fast anything was moving, get used to argue comparative fault later. You're not obligated to give a recorded statement to the other driver's insurer.
- Keep records of every medical visit, missed workday, and out-of-pocket expense. These build the foundation of your damages claim.
- Talk to a personal injury attorney before you sign anything or accept a settlement offer. Early offers are frequently far below what a claim is actually worth, especially before the full extent of an injury is known.
Frequently Asked Questions
Do pedestrians always have the right-of-way in Washington? No. Pedestrians have the right-of-way in marked and unmarked crosswalks, and on sidewalks, but they must yield when crossing outside a crosswalk, when crossing diagonally without authorization, or when stepping into the path of a vehicle too close to stop.
Do pedestrians crossing at corners have the right-of-way? Yes. Every intersection has a legal crosswalk under Washington law, whether or not it's painted, and drivers must stop for pedestrians in it under the same rules as a marked crosswalk.
Is jaywalking illegal in Washington? Crossing outside a marked or unmarked crosswalk isn't automatically "illegal" in the way many people assume, but the law does require the pedestrian to yield to vehicles in that situation, and between two signalized intersections, crossing outside a marked crosswalk isn't permitted at all.
If I was partly at fault for my pedestrian accident, can I still recover money? In most cases, yes. Washington's pure comparative fault rule reduces your compensation by your percentage of fault, but it doesn't eliminate your claim unless you were 100% at fault.
What should I do if a driver hit me in a crosswalk? Get medical care, call the police, document the scene and get witness information if you can, and talk to an attorney before giving a recorded statement or accepting any settlement offer from an insurance company.
Talk to a Vancouver, WA Pedestrian Accident Attorney
Right-of-way disputes are one of the most common ways insurance companies try to shift blame onto an injured pedestrian, especially when the collision happened outside a painted crosswalk or between intersections. Washington's comparative fault law protects you even if you weren't perfectly positioned when you were hit, but insurers count on people not knowing that.
If you or a family member was injured by a vehicle while walking in Vancouver, WA, Portland, OR, or the surrounding area, NW Injury Law Center offers a free, no-obligation consultation to help you understand your rights and what your claim may be worth. Contact us today to talk to an attorney about your pedestrian accident case.