Pedestrian Accident Attorneys

Driver and Pedestrian Responsibilities in the State of Washington

Drivers are often distracted or simply do not notice pedestrians. Some drivers do not obey the rules of the road. Failure to yield, failing to a complete stop before turning, failing to keep a proper lookout, and speeding are common causes of driver negligence that can result in the striking of a pedestrian.

Washington state requires drivers to yield the right of way to pedestrians in crosswalks. Failure to do so can significantly contribute to a driver's liability. It’s important to note that Washington law gives pedestrians the right of way at every crosswalk, whether the crosswalk is marked or unmarked. A crosswalk exists, even if it is not marked, where roads intersect to create an intersection. 

Conversely, if a pedestrian is found to have engaged in risky behavior – such as jaywalking or failing to obey traffic signals – their recovery amount may be reduced based on their percentage of fault for the accident. Additionally, a driver is not at fault for an accident if a pedestrian steps off a sidewalk or the shoulder of a roadway away from a crosswalk without giving the driver sufficient time to avoid a collision.

If you aren’t sure about your level of responsibility for a pedestrian accident, we can help. Our pedestrian accident attorneys can review what happened, evaluate your potential liability, and walk you through what we may be able to help you recover. 

Compensation for Pedestrian Accident Victims

When a pedestrian is injured in an accident, they may be entitled to various types of compensation to address the financial and emotional impacts of their injuries. Below are the primary types of compensation available to pedestrian accident victims, each addressing different aspects of their suffering and recovery. 

Medical Expenses

Victims of pedestrian accidents often incur significant medical costs, including hospital stays, surgeries, rehabilitation, and ongoing treatments. Compensation for medical expenses covers both current and future medical care that the victim may require due to their injuries. This may also include expenses for physical therapy, medications, and assistive devices such as wheelchairs or prosthetics.

Lost Income and Earning Capacity

If a pedestrian accident victim is unable to work due to their injuries, they may be compensated for lost wages. This includes the income they would have earned during their recovery period. Additionally, if the injuries result in long-term disability or a diminished capacity to work, the victim may be eligible for compensation for future lost earning potential.

Pain and Suffering

Compensation for pain and suffering addresses the physical pain and emotional distress experienced by the victim due to the accident and its aftermath. Unlike tangible expenses, this element of compensation is subjective and may take into account factors such as the severity of injuries, the impact on daily life, and the emotional trauma experienced.

Statute of Limitations for Pedestrian Accident Lawsuits in Washington State

In Washington State, the statute of limitations for filing a pedestrian accident lawsuit is typically three years from the date of the collision. If you do not file before this time limit expires, you will likely be unable to recover any damages. Do not wait to speak to a legal professional after an accident. 

What Evidence Is Important for Proving Fault in a Pedestrian Accident?

In a pedestrian accident case, establishing fault is critical to pursuing a successful claim for compensation. Evidence plays a central role in demonstrating who was responsible for the incident. Several types of evidence are particularly important when building a strong case.

Eyewitness testimonies are invaluable, as they can provide a clear, unbiased account of what occurred. Witnesses may be able to confirm whether a driver failed to yield, was speeding, or was otherwise negligent.

Photographic evidence from the accident scene can also be highly effective. Images of skid marks, vehicle damage, traffic signals, and the crosswalk area can help recreate the events leading up to the accident. Similarly, video footage from traffic cameras or nearby surveillance systems can offer a detailed and objective perspective on the crash.

The police report is another essential piece of evidence. It typically includes the officer’s observations, details about the accident, and any citations issued, which can provide a solid foundation for determining fault.

Additionally, medical records documenting injuries can establish the severity of the incident and align injuries with the mechanics of the accident. Finally, accident reconstruction experts may use this evidence to create a professional analysis of how the accident occurred.

Preserving evidence promptly is crucial, as delays can lead to loss or degradation of critical information. An attorney can assist in gathering and safeguarding this evidence to ensure a thorough and compelling case.