After a motorcycle v. pedestrian accident, fault hinges on the specific conduct of both parties and the law. In 2022, the National Highway Traffic Safety Administration (NHTSA) reported that 7,522 pedestrians were killed in traffic collisions across the United States, a sobering figure that underscores why Washington pedestrian accident attorney Zach Herschensohn has dedicated his practice to accident victims since 2003, recovering results including a $2.7 million settlement for a catastrophically injured victim. To get help from a reputable Kent pedestrian accident attorney from Herschensohn Law, PLLC, call (206) 222-9553 now.
Summary of Fault in Motorcycle-Pedestrian Accidents
Determining fault in a Washington motorcycle-pedestrian accident depends on the conduct of both parties, applicable traffic laws, and the state's pure comparative fault system under RCW 4.22.005.
- Washington courts assign fault percentages based on evidence such as witness statements, accident reconstruction findings, traffic camera footage, and violations of RCW 46.61 traffic laws.
- Motorcycle operators may be liable for pedestrian injuries when they engage in conduct such as speeding, failing to yield at crosswalks under RCW 46.61.235, riding on sidewalks, or impaired operation that contributes to a collision.
- Pedestrians may share fault when actions such as jaywalking, crossing against traffic signals, or violating pedestrian duties under RCW 46.61.250 contribute to a motorcycle accident.
Herschensohn Law, PLLC represents individuals involved in pedestrian accidents and personal injury matters throughout Kent, King County, and surrounding Washington communities.
How Washington State Determines Fault
Washington courts have long recognized that fault allocation is a fact-intensive inquiry. While older cases like Adkisson v. City of Seattle, 42 Wn.2d 676 (1953), distinguished between different types of misconduct, it was the state legislature's 1973 adoption of comparative negligence that established the modern principle of dividing fault. This framework continues to govern how juries and judges evaluate liability in personal injury cases, including motorcycle-pedestrian collisions, today.
Washington state applies the pure comparative fault doctrine, codified via RCW 4.22.005. Under this statute, a court assigns each party a percentage of fault based on their conduct leading up to the pedestrian accident. A plaintiff's recovery is reduced by their own percentage of fault, but they are not barred from recovery entirely, even when they bear a large share of responsibility.
Furthermore, fault determinations rely on physical evidence, witness statements, traffic camera footage, and accident reconstruction analysis. Washington courts also consider whether applicable traffic laws under RCW 46.61 were violated by either party. Also, note that the King County Superior Court handles civil liability lawsuits, such as pedestrian accidents, from collisions in the Kent area.
When a Motorcycle Is to Blame for a Pedestrian Accident
Motorcycle riders owe pedestrians a duty of care under Washington law. A biker who breaches that duty and causes injury can be held liable in civil court. Several circumstances commonly place fault for a pedestrian accident on a motorcycle operator.
Speeding through a marked crosswalk, running a red light at an intersection, riding on a sidewalk, or failing to yield at a designated pedestrian crossing under RCW 46.61.235 all constitute negligent conduct, for example. According to the NHTSA, pedestrians struck by motorcycles are at serious risk of catastrophic injury because motorcycles offer no crumple zones or structural buffers between the vehicle and the person on foot, meaning the full force of impact transfers directly to the pedestrian. Furthermore, a rider who is intoxicated at the time of the pedestrian accident can be held liable under both RCW 46.61.502 and Washington's negligence per se doctrine. Furthermore, as Kent pedestrian accident lawyers, unfortunately, we can say that collisions near E. James St. and S. 272nd St. and near Highway 167 are common and reflect the type of scenarios where motorcycle operator negligence most commonly arises.
When a Pedestrian Is to Blame for a Motorcycle Accident
Pedestrians are not automatically free of fault simply because they are the more vulnerable party. Washington law holds pedestrians to a standard of reasonable care as well. A pedestrian, for example, who steps off a curb without looking, crosses against a signal, or walks in a lane of traffic outside of a crosswalk can be assigned partial or complete fault.
Moreover, a pedestrian who jaywalks across a multi-lane road in low-light conditions and steps into the path of an oncoming motorcycle gives a defense attorney substantial grounds to argue contributory negligence. Additionally, pedestrians who are visibly distracted while crossing, such as those scrolling on a cell phone while walking, have seen reduced damage awards in Washington civil proceedings. RCW 46.61.250 governs pedestrian duties at crosswalks and intersections, and violations of that statute can be used to argue fault.
Even when a pedestrian holds partial fault, consulting an experienced King County pedestrian accident attorney can be helpful. Comparative fault percentages are contested and negotiated throughout negotiations and litigation, and what a claims adjuster initially attributes to a pedestrian is rarely the same figure a jury would assign after hearing all the evidence.
Understanding Washington's Contributory Fault Law
Washington's pure comparative fault rule (RCW 4.22.005) differs importantly from the contributory negligence standard still used in a small number of other states. Under contributory negligence, any fault at all on the part of the plaintiff prevents them from being able to recover anything at all. Washington's system is more protective of injured parties, but it also means the defense will work aggressively to inflate the plaintiff's fault percentage to reduce the damages owed.
In the case of Tegman v. Accident and Medical Investigations, Inc., 107 Wn. App. 868 (2001), the Washington Court of Appeals addressed how fault allocation affects damages in personal injury matters, reinforcing that proportionate fault principles apply across a wide range of cases. Moreover, because fault percentages directly reduce financial compensation, a single percentage point shift in assigned fault can mean thousands of dollars in some cases.
When fighting for the defense, insurance companies and attorneys invest resources in building the case that the pedestrian bears more of the responsibility. Gathering evidence promptly, obtaining witness information, and seeing a doctor at Valley Medical Center or another nearby medical facility immediately after a collision will strengthen a pedestrian's position in this process.
The Role of Insurance Coverage
Washington state requires all motor vehicle operators, including motorcycle riders, to carry $25,000 per person and $50,000 per accident for bodily injury insurance according to RCW 46.29.490. Serious pedestrian accident injuries routinely exceed these minimums, which makes underinsured motorist (UIM) coverage critically important.
As Kent pedestrian accident lawyers, victims should be aware of several insurance tactics that appear regularly in cases like these:
- An insurance adjuster requests a recorded statement shortly after the accident, typically before the victim fully understands the extent of their injuries. These statements are meant to get the victim to say their injuries aren’t so bad or that they might have contributed to the injury, limiting the value of the case later in the process.
- An early settlement offer arrives quickly, often before the victim has completed medical treatment or even fully understands their rights and the value of their injury. Accepting these lowball, early offers closes the case permanently, even if new or worse symptoms emerge.
Additionally, the Insurance Research Council found that injury victims represented by attorneys receive settlements 3.5 times larger on average than those who negotiate alone, even after attorney fees are factored in. Even cases that resolve without going to court benefit substantially from legal representation because a pedestrian accident attorney understands how insurers value claims, what evidence strengthens liability arguments, and how to counter offers that do not reflect the true value of the injuries.
Contact a Kent Pedestrian Accident Lawyer Now!
Attorney Zach Herschensohn has been admitted to practice in Washington state since 2003. He is a member of the Washington State Trial Lawyers Association and Public Justice. Herschensohn Law, PLLC secured a $5 million settlement for the family of a worker who died from mesothelioma and a $1.25 million settlement in a trucking case. Don’t let Washington's pure comparative fault system intimidate you. To speak with a reputable Kent pedestrian accident lawyer at Herschensohn Law, PLLC, call (206) 222-9553 today.
Frequently Asked Questions About Washington Motorcycle-Pedestrian Accident Fault And Liability
The following frequently asked questions address common legal issues involving motorcycle-pedestrian accidents, comparative fault, insurance coverage, and personal injury claims in Washington.
How Is Fault Determined In A Washington Motorcycle-Pedestrian Accident?
Washington motorcycle-pedestrian accident fault is determined by evaluating each party's conduct, applicable traffic laws, and available evidence under Washington's comparative fault system. Courts and insurance companies review witness statements, accident reconstruction reports, traffic camera footage, physical evidence, and compliance with RCW 46.61 traffic regulations when allocating responsibility.
What Is Washington's Pure Comparative Fault Rule?
Washington's pure comparative fault rule allows an injured party to recover damages even when that party shares responsibility for a motorcycle-pedestrian accident, although compensation is reduced by the assigned fault percentage. RCW 4.22.005 requires courts to apportion fault among all parties involved, making fault allocation a critical issue in personal injury litigation.
When Can A Motorcycle Rider Be Held Liable For A Pedestrian Accident?
A motorcycle rider may be held liable for a pedestrian accident when negligent conduct causes or contributes to injuries sustained by a pedestrian. Common examples include speeding, running red lights, failing to yield at crosswalks under RCW 46.61.235, riding on sidewalks, or operating a motorcycle while impaired.
Can A Pedestrian Be Found At Fault For A Motorcycle Accident?
A pedestrian can be found partially or entirely at fault for a motorcycle accident when the pedestrian fails to exercise reasonable care under Washington law. Actions such as jaywalking, crossing against traffic signals, entering traffic unexpectedly, or violating RCW 46.61.250 may support arguments that the pedestrian contributed to the collision.
Does A Pedestrian Lose The Right To Recover Compensation If Partially At Fault?
A pedestrian does not lose the right to recover compensation solely because the pedestrian shares fault for a Washington motorcycle accident. Under Washington's pure comparative fault doctrine, damages are reduced according to the pedestrian's percentage of fault rather than eliminated.
What Evidence Is Important In A Motorcycle-Pedestrian Accident Claim?
Evidence in a motorcycle-pedestrian accident claim includes accident scene photographs, witness statements, surveillance footage, medical records, police reports, and accident reconstruction analysis. Strong evidence helps establish liability, supports fault allocation arguments, and may influence settlement negotiations or court proceedings.
How Does Insurance Coverage Apply After A Motorcycle-Pedestrian Accident?
Insurance coverage after a motorcycle-pedestrian accident generally involves bodily injury liability insurance, potential underinsured motorist coverage, and claims evaluation by insurance carriers. Washington requires minimum liability coverage under RCW 46.29.490, although serious pedestrian injuries frequently exceed minimum policy limits.
Why Do Insurance Companies Dispute Fault In Pedestrian Accident Cases?
Insurance companies often dispute fault in pedestrian accident cases because fault percentages directly affect the amount of compensation owed under Washington's comparative fault law. Insurers may review statements, medical records, traffic evidence, and witness accounts to support arguments that reduce financial exposure.
Which Court May Handle A Motorcycle-Pedestrian Injury Lawsuit In Kent, Washington?
The King County Superior Court may handle a motorcycle-pedestrian injury lawsuit arising from a collision in Kent, Washington, when the dispute involves civil liability and damages. The court may evaluate evidence, determine fault allocation, and resolve contested personal injury claims.
How May Herschensohn Law, PLLC Assist After A Washington Motorcycle-Pedestrian Accident?
Attorneys at Herschensohn Law, PLLC may help individuals understand Washington motorcycle-pedestrian accident laws, comparative fault principles, insurance issues, and potential legal options. The team at Herschensohn Law, PLLC works to ensure individuals understand their legal rights and possible avenues for pursuing compensation under Washington law.
