A pedestrian has no protection against the force and sheer mass of a moving vehicle. Injuries to pedestrians are frequently catastrophic or fatal. If you were injured in a pedestrian accident due to a driver’s negligent conduct, we will explain how you can recover compensation for your injuries and losses.
Injuries to pedestrians often come from two sources. It is the classic double whammy:
Medical treatment is important. If you are a pedestrian involved in an accident, seek medical treatment. Get medical care right away and get it later if you need it. Some types of pedestrian injuries, including brain injuries, may not be immediately apparent after the accident. Getting a full medical evaluation from your doctor or at the hospital is the best way to make sure you are protected and learn the full extent of your injuries.
Pedestrian accidents in Washington State apply tort law to determine who pays and how much. The person who was negligent and caused the accident is legally liable. If you’ve been in a pedestrian accident, proving your case requires demonstrating several legal propositions; negligence (fault), causation, and damages.
Proof of a drivers negligence can be shown in many different ways, including showing their conduct that violated a motor vehicle laws, such as:
Proof of Causation is showing that their negligence caused the accident. You do this with evidence which includes:
Proof of Your Injuries is done with the medical testimony and records, including:
A pedestrian is defined in RCW 46.04.400 as “any person who is afoot or who is using a wheelchair, a power wheelchair, or a means of conveyance propelled by human power other than a bicycle.”
Motorists must to yield to pedestrians in crosswalks and on sidewalks according to Washington State motor vehicle law. When a pedestrian is hit in a crosswalk, that law works in their favor.
There are also laws that apply to pedestrians that are important, such as:
If your accident occurred while you were violating any of the laws applying to pedestrians, that fact can be used to establish that your own negligence contributed to the accident.
To summarize, depending on insurance policy coverage, you may be able to receive compensation for pedestrian accident injuries under:
If you suffer serious injuries in a pedestrian accident, your attorney will help you find and understand insurance coverage and all the available potential sources of recovery.
If a pedestrian accident causes significant long-term injuries requiring extended medical treatment, you will benefit from a talk with an experienced personal injury attorney. It is often unwise for a victim to personally talk to any insurance company or adjuster. The insurance company’s goal is to settle your claim for the lowest possible amount. They are very experienced at getting persons to say things which are not good for their case.
Compensation in severe pedestrian accident cases includes more than just reimbursement for your medical expenses. You may be entitled to damages for:
A knowledgeable personal injury attorney will be able to explain fully how your facts fit the law and what you may be able to recover. You can talk with us in a free consultation without deciding to hire us.