A bus stopped to let passengers on and off. The bus did not stop at a crosswalk. A passenger got off and then jaywalked in front of the bus. Meanwhile a car that had been behind the bus moved into the on-coming lane and passed the bus. The car struck the pedestrian. The pedestrian sued the driver for personal injury.
The pedestrian’s lawyer asked the trial judge to instruct the jurors on a rule of the road that makes it illegal to pass any vehicle that stops at a crosswalk to allow pedestrians to cross. However, the Washington State Supreme Court had held that this rule does not apply where a bus stops simply to let passenger on and off, rather than at a crosswalk to allow a pedestrian to cross.
The Court of Appeals upheld the trial court. The pedestrian lost both in the jury trial and on appeal.[1]
Pedestrians are generally favored, but liability for personal injury is never automatic, and the analysis is often nuanced. If you or someone you know is a pedestrian who has been injured you should get a free personal injury case evaluation from an attorney as early as possible.
By personal injury attorney Travis Scott Eller