How Poor Lighting Contributes to Nighttime Pedestrian Collisions in Washington

Have you ever crossed a dimly lit street and wondered whether approaching drivers could see you in time? Many people have paused in a crosswalk as a car passed closely, headlights revealing only a faint outline of their presence. Drivers experience the same uncertainty when someone steps out from an unlit area. Nighttime impacts how well people see one another, and it changes the level of risk on both sides.

Pedestrian collisions at night occur more frequently than many realize. They rarely receive widespread attention, but when they do occur they can lead to serious injuries and complex legal questions.

If you or a loved one has been injured in a nighttime pedestrian collision, contact a Washington pedestrian accident lawyer at Narwal Injury Law today to protect your rights and receive a free consultation.

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State data underscores the seriousness of this issue. According to the Washington State Department of Transportation, a pedestrian struck at 30 miles per hour faces a 45 percent risk of death. Since 2014, pedestrian deaths and injuries in Washington have increased by 54.9 percent.

Sources:
WSDOT Pedestrian Safety
https://wsdot.wa.gov/travel/bicycling-walking/walking-rolling-washington/pedestrian-laws-safety
WSDOT Active Transportation Data
https://wsdot.wa.gov/about/data/gray-notebook/gnbhome/safety/ACT/pedestrian_bicyclist.htm

Some areas of the state experience a higher concentration of these collisions. For example, in Bellingham, hit pedestrian crashes accounted for 36.7 percent of all fatal and serious injury collisions in 2022.

Source:
Local Road Safety Plan (2022)
https://cob.org/wp-content/uploads/2022_Bellingham_Local_Road_Safety_Plan.pdf

One of the most significant contributing factors is poor lighting. The quality of lighting affects not only visibility but also perceptions of safety, decision making, and ultimately the allocation of fault.

Washington courts recognize that pedestrians in crosswalks cannot be expected to constantly scan for hazards in all directions. Once a pedestrian has entered a crosswalk and established a course of travel, they are not negligent for failing to keep a further lookout.

See Jerdal v. Sinclair, 54 Wn.2d 565 (1959) and Burnham v. Nehren, 7 Wn. App. 860 (1972).

Crosswalks Require Safe Design and Adequate Lighting

For over a century ago, the Washington Supreme Court has held municipalities have a duty to maintain right-of-ways, such as crosswalks in a reasonably safe condition for ordinary travel. Sutton v. City of Snohomish, 11 Wn. 24 (1895). Because a crosswalk serves two functions “ordinary travel” in a crosswalk includes both pedestrians and vehicles. Xiao Ping Chen v. City of Seattle 153 Wn. App. 890, 907, 223 P.3d 1230 (2009). A crosswalk is the part of the street where the sidewalk continues, and drivers must allow people to walk safely across the road.

Since both cars and people use it, a crosswalk needs to be designed carefully, taking into factors such as lighting and visibility, which directly affect safety.

Poor lighting can impact:

A driver’s ability to detect pedestrians
Visibility of pavement markings
Reaction time
Pedestrian judgment about whether a vehicle is yielding

Established Standards for Lighting and Visibility at Crosswalks

Federal transportation standards identify crosswalk visibility improvements as proven safety measures that reduce pedestrian crashes. Improved lighting has been shown to reduce nighttime injury crashes by up to 42 percent. (https://highways.dot.gov/safety/proven-safety-countermeasures/lighting)

United States Department of Transportation
https://highways.dot.gov/safety/proven-safety-countermeasures/crosswalk-visibility-enhancements

The Washington State Department of Transportation Design Manual sets specific lighting requirements to address predictable risks at intersections and crossings. Lighting is required when any of the following conditions are present:

Marked crosswalks
Sidewalks or curb ramps
Traffic signals
Turn lanes
Paired transit stops

At least two roadway lights must be provided when these features exist. Lighting must extend through the entire intersection area, including to the stop line or twenty-five feet before the outside edge of the crosswalk.

Minimum illumination levels include:

Feature	Minimum Illumination
Arterial and collector intersections	1.5 footcandles (ANSI/IES RP-8-14)
Transit related areas	2.0 footcandles (WSDOT Design Manual Exhibit 1040-44)

Government Liability for Unsafe Crosswalk Conditions

When a crosswalk remains dark or poorly lit despite known risks, this is not simply a matter of inadequate planning. It is negligence. Government agencies are responsible for correcting dangerous conditions, especially at locations where pedestrians are required or encouraged to cross. When these obligations are ignored, collisions become foreseeable results of preventable hazards.

Recent Washington cases demonstrate how courts and juries respond when an agency does not address unsafe conditions.

Kitsap County $5.5 million settlement

During trial, evidence showed that the County failed to provide adequate lighting and did not correct dangerous conditions at a known hazardous crossing. The County resolved the case for $5.5 million after it became clear that its negligence contributed to the pedestrian/vehicle collision.
https://www.kitsapdailynews.com/news/kitsap-county-will-pay-5-5-million-in-crash-settlement/

Seattle crosswalk collision $3.55 million settlement

In another case, a husband and wife were seriously injured while using a dark crosswalk. Evidence showed that the crossing was unreasonably dangerous due to inadequate lighting and visibility. The City of Seattle agreed to pay $3.55 million to resolve the claim.
https://friedmanrubin.com/3-55-million-settlement-vehicle-vs-pedestrians-crosswalk-collision

These outcomes reflect a clear point. When a government entity knows a crosswalk is unsafe and does not correct the danger, the resulting injuries are the product of negligence.

If You Were Injured in a Low Visibility Crosswalk in Washington

Pedestrian collisions involving poor lighting require a detailed review of the location and its design. An effective investigation may include:

Measuring lighting levels
Comparing the crossing to WSDOT and federal standards
Reviewing inspection and maintenance records
Analyzing the history of prior collisions
Consulting experts in human factors, visibility, and traffic engineering

If inadequate lighting or unsafe design contributed to your injury, you may have a claim against the responsible agency.

If you were injured in a low-visibility crosswalk in Washington, speak with a Washington personal injury lawyer at Narwal Injury Law today to understand your legal options and receive a free consultation.