Our law firm took no part in this case. This article is intended as general information on Washington personal injury law.
The Washington Court of Appeals recently announced a decision in a case concerning and accident involving a commercial truck striking a pedestrian.[1] The pedestrian was also a commercial truck driver. Both trucks had exited the interstate at a weigh station.
The first truck driver had noticed a wallet is the roadway on the on-ramp to the highway. He exited his truck to retrieve it. As he did so another truck was already approaching. The first truck driver walked towards the moving truck to retrieve the wallet and in the process was struck, knocked down, and his legs were run over by the following truck.
The trial court granted a dismissal on a summary judgment motion. The Court of Appeals upheld the trial court.
The Court noted the duty of a pedestrian to yield to vehicles when crossing at a point that is not either a marked crosswalk, or a crosswalk (marked or unmarked) at an intersection.
“Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of way to all vehicles upon the roadway.” RCW 46.61.240(1).
The Court concluded that even viewing the evidence in the light most favorable to the injured pedestrian, the record supports the inference that he breached his duty as a pedestrian under RCW 46.61.240(1) to yield the right-of-way to the commercial truck driver.
[1] Martin v. Conan, 63590-5-I(March 08, 2010).