Wash. Rev. Code » Title 46 · Chapter 46.61
Revised Code of Washington

Wash. Rev. Code § 46.61.245 (2026)

Drivers to exercise care

✓ current as of May 2026
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(1) Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and shall exercise proper precaution upon observing any child or any obviously confused or incapacitated person upon a roadway.
(2)(a) If a person is found to have committed an infraction under this section within a school, playground, or crosswalk speed zone created under RCW 46.61.440, the person must be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. The penalty may not be waived, reduced, or suspended.
(b) Fifty percent of the moneys collected under this subsection must be deposited into the school zone safety account.
[ 2010 c 242 s 2; 1965 ex.s. c 155 s 36.]

Notes:

Rules of court: Monetary penalty schedule—IRLJ 6.2.
Effective date—2010 c 242: See note following RCW 46.61.275.
Blind pedestrians: Chapter 70.84 RCW.
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1970–2025 · leading case: Xiao Ping Chen v. City of Seattle, 223 P.3d 1230 (Wash. Ct. App. 2009).
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Xiao Ping Chen v. City of Seattle, 223 P.3d 1230 (Wash. Ct. App. 2009). “3d 845 , who are always bound to exercise due care to avoid colliding with pedestrians, see RCW 46.61.245, the negligence of motorists with respect to pedestrians is not determinative of whether road conditions were safe for pedestrian travel.”
Wright v. Engum, 878 P.2d 1198 (Wash. 1994). “Use of a negligence standard in this case is supported by RCW 46.61.245, which states that "every driver .”
Blumenshein v. Voelker, 100 P.3d 344 (Wash. Ct. App. 2004). · cites it 2× “" RCW 46.61.245; see also Robison v. Simard, 57 Wash.”
Nesmith v. Bowden, 563 P.2d 1322 (Wash. Ct. App. 1977). “400 (to drive at a reasonable speed to avoid collisions and to drive at a reduced speed when hazards exist); RCW 46.61.245 (to exercise due care to avoid pedestrians, and to sound the horn); RCW 46.”
Day v. Goodwin, 478 P.2d 774 (Wash. Ct. App. 1970). “For the vehicle operator, RCW 46.61.245 provides: Notwithstanding the foregoing provisions of this chapter every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary and…”
Kiemele v. Bryan, 476 P.2d 141 (Wash. Ct. App. 1970). “240 and RCW 46.61.245 and is not challenged for its content.”
Blumenshein v. Voelker, 124 Wash. App. 129 (Wash. Ct. App. 2004). “” RCW 46.61.245; see also Robison v. Simard, 57 Wn.”
State v. MaCrae, 676 P.2d 463 (Wash. 1984). “, RCW 46.61.245 (driver shall exercise due care to avoid colliding with any pedestrian); RCW 46.”
Christian Doscher, V. Richard Lawrence & Fred Johns (Wash. Ct. App. 2025). · cites it 3× “RCW 46.61.245(1) provides that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary.”
Chase L. McClurg v. Paul David Winters, et ux (Wash. Ct. App. 2025). “Failing to exercise due care to avoid a pedestrian and failing to sound his horn, in violation of RCW 46.61.245; c. Changing lanes without ascertaining that such movement can be made safely, in violation of [RCW] 46.”
— Wash. Rev. Code § 46.61.245(1) — 1 case
Christian Doscher, V. Richard Lawrence & Fred Johns (Wash. Ct. App. 2025). “RCW 46.61.245(1) provides that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary.”
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