A pedestrian walking along State Route 202 in Fall City was hit by a car. The pedestrian, Matthew R. Mahaffey, 34, of Snoqualmie, was taken to Harborview Medical Center in Seattle. The accident happened around 7:30 p.m. on Sunday evening.
The driver who hit Mr. Mahaffey was a resident of Bellevue. His name was not released. But he was suspected of driving while under the influence of intoxicating liquor. The driver was arrested at the scene.
A driver who is found intoxicated while driving violates RCW 46.61.502. That statute imposes criminal penalties of jail time and fines for drivers who have a 0.08 BAC – the legal limit in Washington. However, a driver does not have to blow a 0.08 to be guilty of DUI. The driver only has to show signs that his or her ability to drive has been affected to an appreciable degree.
In addition to criminal penalties, the driver may be civily liable to the pedestrian for injuries and damages sustained. A driver must exercise due care with respect to pedestrians on or near the roadway. RCW 46.61.245. A driver who fails to exercise “due care” violates the “rules of the road” among other statutory obligations.
This information was brought to you by the Seattle Accident Attorney blog, a service of Davis Law Group. The attorneys and staff at Davis Law Group help people who have been seriously injured or harmed in drunk driving accidents, including accidents involving cars, buses, motorcycles and pedestrians.
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