Pedestrian
Who has ultimate priority
Collision vs Accident
Why words matter in law
🚗 Vehicle - RCW 46.04.670
"Every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported."
What This Means in Enumclaw:
- ✓ Cars, trucks, motorcycles, mopeds
- ✓ Bicycles (yes, really! Must follow traffic laws)
- ✓ Even horses on roads (rare but legal!)
⚖️ Washington State Law: All vehicles must follow traffic laws. Note: Wheelchairs and mobility devices are legally pedestrians, not vehicles (RCW 46.04.400).
👤 Driver - RCW 46.04.370
"Every person who drives or is in actual physical control of a vehicle."
Key Point: "Actual Physical Control"
You can be considered a "driver" even without moving! This includes:
- 🔑 Sitting in driver's seat with keys accessible
- 🚗 Engine off but in position to drive
- 🅿️ Parked but "sleeping it off" in driver's seat
⚠️ WARNING: Under Washington State law, you can get a DUI without driving! Sleep in the back seat, not the driver's seat!
🛣️ Highway - RCW 46.04.431
"The entire width between boundary lines of every way publicly maintained for vehicular travel."
In Enumclaw, This Includes:
- 🛣️ ALL public streets (not just SR-410/SR-164)
- 🏪 Parking lots open to public (malls, stores)
- 🏘️ Residential streets and alleys
- 🏫 School parking lots and driveways
- ❌ NOT your private driveway/property
💡 Washington State Law: Traffic laws apply in all parking lots open to public use, including shopping centers!
➡️ Right-of-Way - RCW 46.04.680
"The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another."
Critical Understanding:
Right-of-way is GIVEN, never TAKEN!
- ✅ Yield even if you legally have right-of-way
- ✅ Avoid crashes at all costs
- ✅ Being "right" doesn't prevent injuries
🎯 Washington State Law: You must yield right-of-way when necessary to avoid a collision, even if legally correct!
🚶 Pedestrian - RCW 46.04.400
"Any person who is afoot or using a wheelchair, power wheelchair, or means of conveyance propelled by human power other than a bicycle."
Washington State Law - Pedestrians Include:
- 🚶 People walking/running/jogging
- ♿ Wheelchair users (manual or powered)
- 🛹 Skateboarders (when not in bike lanes)
- ⛸️ Roller skaters/bladers
- 🛴 Push scooter riders
🚨 CRITICAL: Pedestrians ALWAYS have priority in crosswalks! Washington State fine for failure to yield: $250+ (RCW 46.61.235)
💥 Collision vs "Accident"
Washington State law enforcement now uses "collision" instead of "accident"
Why This Change Matters:
- ❌ "Accident" implies no one's at fault
- ✅ "Collision" acknowledges someone made a choice
- 📊 94% of serious crashes involve human error
- ⚖️ Most crashes are preventable, not "accidents"
💭 Words shape thinking: "Collision" reminds us that our choices have consequences!
⚖️ Lawson's Legal Lightning Round
Q: Can you get a DUI sitting in a parked car in Enumclaw Expo Center Market?
A: YES! "Actual physical control" includes sitting in the driver's seat with keys, even if parked.
Q: If you have the right-of-way at a Enumclaw intersection, must others yield?
A: CAREFUL! Right-of-way is given, not taken. Always yield to avoid collisions, even if you're legally right.
"Remember: Ignorance of the law is no excuse (RCW 46.29.090 - Financial Responsibility Required). Now you know - use this knowledge wisely on Enumclaw streets!"
- Mr. Lawson, Mentor & Educator