A pedestrian has no protection against a moving vehicle’s force and sheer mass. When pedestrian accidents occur, the injuries are frequently catastrophic or fatal. If you were injured in a pedestrian accident due to a driver’s negligent conduct, you deserve an explanation about how to recover compensation for your injuries and losses.
What steps do I need to take after a pedestrian accident?
Taking the right steps after a pedestrian accident can be the difference between full compensation or losing your case to the insurance company.
Your health comes first, but protecting your legal rights is just as important. Here’s what to do:
- Seek medical attention immediately: Even if you feel “fine,” get checked by a doctor. Some injuries — like concussions and internal bleeding — aren’t immediately obvious. Delaying treatment can make your injuries worse and weaken your pedestrian accident claim.
- Call 911 and file a police report: A police report is critical evidence. Officers will document the scene, interview witnesses, and note whether the driver broke traffic laws. Do not let the driver talk you out of calling the police. Insurance companies will use that against you.
- Gather evidence at the scene: If you can move safely, collect information that will help prove fault:
- Take photos of your injuries, the vehicle, the license plate, and the scene.
- Get the driver’s name, insurance information, and license number.
- Talk to witnesses and get their contact information.
- Write down what happened while it’s fresh in your memory.
- Avoid speaking to the insurance company: Insurance adjusters will pressure you to settle fast — often for much less than your case is worth. They might even try to blame you for the accident. Do not give a recorded statement or sign anything without talking to a lawyer first.
- Contact a pedestrian accident attorney: The insurance company is not on your side. An experienced pedestrian accident attorney can protect your rights, prove fault, and get you the compensation you deserve.
What are the most common causes of pedestrian accidents?
Pedestrian traffic accidents happen for many reasons, but driver negligence is the leading cause. Common causes include:
- Distracted driving: Drivers texting, talking on the phone, adjusting the radio, or eating while driving.
- Speeding: Increases stopping distances and makes pedestrian injuries more severe.
- Failure to yield: Drivers ignoring pedestrian right-of-way at crosswalks and intersections.
- Driving under the influence: Alcohol and drugs impair reaction time, judgment, and coordination.
- Reckless or aggressive driving: Running red lights, making illegal turns, and tailgating pedestrians in crosswalks.
- Drowsy driving: Fatigue reduces focus, reaction time, and awareness of pedestrians.
- Poorly designed or missing crosswalks: Pedestrians are forced to cross in unsafe areas with no protections.
- Malfunctioning traffic signals: Broken pedestrian signals or traffic lights confuse drivers and pedestrians.
- Obstructed views: Parked cars, trees, or buildings blocking drivers’ and pedestrians’ views.
- Bad weather & low light conditions: Fog, rain, and darkness reduce visibility, making pedestrians harder to see.
- Large vehicles & blind spots: Trucks, SUVs, and buses have blind spots that can hide pedestrians.
- Brake or mechanical failures: Malfunctioning brakes or steering prevent drivers from stopping in time.
- Self-driving & assisted driving failures: Autonomous systems failing to detect pedestrians or reacting too slowly.
- Jaywalking & crossing mid-block: Pedestrians crossing outside designated crosswalks.
- Walking while distracted: Pedestrians looking at their phones or wearing headphones may not see approaching traffic.
- Ignoring traffic signals: Pedestrians crossing when the signal says “Do Not Walk.”
Who Pays for Pedestrian Injuries? An Introduction to Tort Law.
Pedestrian accidents in Washington State use tort law to determine who pays and how much.
The person who was negligent and caused the accident is legally liable. While drivers are often to blame, other parties — including pedestrians, cities, and even vehicle manufacturers — can share liability.
| Liable Party | How They May Be at Fault |
| Negligent Drivers | Speeding, distracted driving, failure to yield, driving under the influence, or reckless driving. |
| Pedestrians | Jaywalking, ignoring traffic signals, or walking while distracted. |
| Municipalities & Government Agencies | Poorly designed crosswalks, broken traffic signals, inadequate street lighting, or dangerous road conditions. |
| Vehicle Manufacturers | Faulty brakes, defective pedestrian detection systems, or autonomous vehicle failures. |
| Commercial or Rideshare Companies | If an on-duty rideshare, delivery, or commercial driver caused the accident. |
How Do You Prove Fault in a Pedestrian Accident Case?
If you’ve been in a pedestrian accident, proving your case requires demonstrating negligence (fault), causation, and damages.
Proof of a driver’s negligence can be demonstrated in many ways, including showing their conduct violated motor vehicle laws, such as:
- Intoxication by alcohol or drugs
- Distracted driving and inattention, such as cell phone use
- Moving violations and failure to follow the rules of the road
- Speeding or driving too fast for the conditions
Proof of causation is showing that their negligence caused the accident. You do this with evidence which includes:
- Eyewitness testimony, including your own
- Videotape evidence (if available)
- Physical evidence from the accident scene
- Police report
- Admissions against interest
Proof of your injuries is done with the medical testimony and records, including:
- Medical bills
- Doctor’s notes, reports, and testimony
- Photos of your injuries
What if I was partially at fault as the pedestrian?
Washington follows comparative negligence laws, meaning even if you were partly responsible, you can still recover damages, but your percentage of fault will reduce your compensation.
For example, if you were 25% at fault for jaywalking, and your total damages were $100,000, you would still receive $75,000.
Pedestrian Accident Law
Pedestrian accident law is outlined in the Revised Code of Washington (RCW).
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.”
According to Washington State motor vehicle law, motorists must yield to pedestrians in crosswalks and on sidewalks. When a pedestrian is hit in a crosswalk, that law works in their favor.
Other important pedestrian laws apply, such as:
- RCW 46.61.235 states pedestrians shall not “dart out” in front of motor vehicles.
- RCW 46.61.050 states pedestrians are required to abide by traffic control signals and devices, like stop signs and stop lights.
- RCW 46.61.250 states where there are no sidewalks, pedestrians must walk facing traffic on the left side of the road or the shoulder, facing traffic.
- RCW 46.61.240 states pedestrians crossing at a point other than at an intersection are required to yield the right of way to vehicles.
If your accident occurred while you were violating any of the laws applying to pedestrians, that fact can be used to establish that your negligence contributed to the accident.
- Washington State applies a standard of comparative negligence in accident cases.
- If your negligence contributed to the accident, your compensation will be reduced in proportion to the amount of your negligence.
What types of injuries do pedestrian accidents cause?
Pedestrians have no protection in a crash, and injuries often result in high medical bills, lost income, and long-term disabilities.
Injuries to pedestrians often come from two sources. It is the classic double whammy:
- The direct impact of the collision can break bones, tear ligaments, and cause deep cuts into soft tissue.
- The impact often throws the pedestrian onto the sidewalk or street or against nearby obstacles and structures, which results in additional injuries like traumatic brain injuries, concussions, and hemorrhaging.
| Injury Type | Description & Impact | Typical Washington Settlement/Verdict |
| Traumatic Brain Injuries (TBI) | Concussions, skull fractures, cognitive impairment, permanent disability. | $100,000 – $5,000,000+ Severe TBI cases can exceed $5M. One WA case settled for $65.7M. |
| Spinal Cord Injuries | Partial or complete paralysis, chronic pain, loss of motor function. | $500,000 – $6,600,000 Paraplegia & quadriplegia cases often exceed $5M. |
| Broken Bones & Fractures | Single or multiple fractures, surgeries required, long recovery. | $25,000 – $450,000 Multiple fractures with complications may exceed $450K. |
| Internal Injuries | Organ damage, internal bleeding, punctured lungs, often life-threatening. | $100,000 – $1,500,000+ Varies by organ damage and complications. |
| Soft Tissue Injuries | Torn ligaments, dislocations, sprains, chronic pain. | $10,000 – $100,000 Depends on severity & medical treatment. |
| Lacerations & Road Rash | Deep cuts, infections, permanent scarring. | $25,000 – $250,000+ Facial disfigurement cases tend to be higher. |
| Amputations | Loss of limb, permanent disability, lifetime prosthetics. | $750,000 – $5,000,000+ Catastrophic amputations can reach multi-million-dollar settlements. |
| Facial & Dental Injuries | Broken teeth, jaw fractures, eye damage, permanent scars. | $50,000 – $500,000 Depends on reconstructive surgery needs. |
| Crush Injuries | Severe tissue, nerve, and muscle damage, risk of amputation. | $250,000 – $2,500,000+ Higher for cases requiring limb removal. |
| Pelvic & Hip Injuries | Common in adults hit by vehicles, may require surgery. | $100,000 – $500,000 Serious hip fractures needing replacements are higher. |
| Psychological Trauma (PTSD, Anxiety, Depression) | Emotional distress, nightmares, avoidance behaviors. | $50,000 – $750,000 Higher in cases with severe PTSD or life-altering trauma. |
Medical treatment is essential. If you are a pedestrian involved in an accident, seek medical treatment right away and later if you need it. Some types of pedestrian injuries, including brain injuries, may not be immediately apparent after the accident. Getting a complete medical evaluation from your doctor or at the hospital is the best way to ensure you are protected and learn the full extent of your injuries.
Types of Damages Recoverable in a Pedestrian Accident Case
A pedestrian accident can cause severe physical, emotional, and financial harm. Medical bills can pile up, lost wages can disrupt financial stability, and permanent disabilities can change the course of a victim’s life.
Under Washington State law, injured pedestrians can recover economic damages (financial losses) and non-economic damages (pain and suffering). However, punitive damages are not allowed in most personal injury claims.
The tables below break down each category of recoverable damages, their descriptions, and the typical compensation range based on Washington case data.
Economic Damages (Financial Losses)
Economic damages cover all quantifiable financial losses resulting from the accident. A severe pedestrian accident can have lifelong financial consequences, and full compensation should reflect all short- and long-term expenses.
| Damage Type | Description | Typical Washington Settlement Range |
| Medical Expenses | Covers emergency treatment, hospital stays, surgeries, prescription medications, follow-up care, and long-term medical needs. | $25,000 – $2,000,000+ Catastrophic injuries requiring lifelong care reach higher settlements. |
| Future Medical Costs | Compensation for anticipated future surgeries, physical therapy, or medical treatments. | $50,000 – $5,000,000+ Depends on injury severity and expected medical needs. |
| Lost Wages | Compensation for income lost while recovering from injuries. | Varies by income (e.g., $5,000 – $200,000+). |
| Loss of Earning Capacity | Covers future lost earnings if the injury prevents returning to the same job or working at all. | $100,000 – $5,000,000+ Higher for young professionals with long careers ahead. |
| Rehabilitation Costs | Includes physical therapy, occupational therapy, speech therapy, and mental health counseling. | $10,000 – $500,000+ Varies by duration and treatment intensity. |
| Home & Vehicle Modifications | Covers wheelchair ramps, widened doorways, stairlifts, adapted vehicles, and other accessibility modifications. | $25,000 – $500,000+ Higher for full home retrofits. |
| Assistive Devices & Medical Equipment | Includes wheelchairs, prosthetics, braces, hearing aids, and other assistive devices. | $25,000 – $250,000+ Varies by device type and replacement needs. |
| In-Home Care & Nursing Assistance | Compensation for professional caregivers, home health aides, or live-in nursing support. | $50,000 – $2,000,000+ Higher for permanent disabilities requiring lifelong care. |
| Transportation Costs | Covers medical transport, rideshare services for non-drivers, and specialized vehicle expenses. | $5,000 – $100,000+ Varies based on distance and medical needs. |
| Household Services | Compensation for house cleaning, grocery shopping, childcare, and tasks the victim can no longer perform. | $10,000 – $250,000+ Higher for permanent disability cases. |
| Wrongful Death Expenses | Covers funeral and burial costs if pedestrian fatalities occur. | $10,000 – $150,000+ Varies based on service and burial costs. |
Non-Economic Damages (Pain & Suffering)
Non-economic damages compensate for the physical pain, emotional trauma, and reduced quality of life caused by the accident.
These damages don’t have a direct financial value but can be higher than economic damages in severe injury cases. Washington has NO cap on non-economic damages, meaning compensation for pain and suffering can be very high in catastrophic cases.
| Damage Type | Description | Typical Washington Settlement Range |
| Pain and Suffering | Compensation for chronic pain, nerve damage, and ongoing physical discomfort. | $50,000 – $5,000,000+ Depends on injury severity and duration of suffering. |
| Emotional Distress | Covers PTSD, anxiety, depression, and psychological trauma. | $50,000 – $750,000+ Higher for severe, long-term emotional conditions. |
| Loss of Enjoyment of Life | Compensation for loss of hobbies, travel, sports, and other activities once enjoyed. | $100,000 – $2,000,000+ Higher for active individuals with a significant lifestyle impact. |
| Disfigurement & Permanent Disability | Compensation for scarring, amputations, paralysis, or any lifelong impairment. | $250,000 – $5,000,000+ Higher for severe or visible disabilities. |
| Loss of Consortium | Damages awarded to spouses for loss of companionship, intimacy, and support. | $50,000 – $1,500,000+ Varies based on impact on family life. |
Punitive Damages (Not Allowed in Washington State)
Washington does not allow punitive damages in personal injury cases, even if the driver was reckless, intoxicated, or fled the scene.
The law only allows compensation for actual losses (economic and non-economic damages).
Punitive damages cannot be claimed in pedestrian accident cases. Compensation is based solely on financial losses and pain and suffering, not as a punishment for the driver.
Typical Settlement Amounts in Washington State Pedestrian Accidents
| Injury Severity | Examples | Typical Settlement Range |
| Minor Injuries | Bruises, mild whiplash, soft tissue damage, etc. | $2,500 – $30,000 |
| Moderate Injuries | Fractures, dislocations, non-permanent injuries requiring surgery, etc. | $30,000 – $200,000 |
| Severe Injuries | Multiple fractures, TBIs, spinal injuries, internal organ damage, etc. | $200,000 – $500,000+ |
| Catastrophic Injuries | Amputations, paralysis, severe brain trauma, lifelong disability | $500,000 – $5,000,000+ |
| Fatal Accidents | Wrongful death claims | $500,000 – $10,000,000+ |
Pedestrian accident settlements in Washington vary based on injury severity, medical costs, lost wages, and pain and suffering. Minor injuries may settle for $2,500 to $30,000, while severe or permanent injuries often result in six- or seven-figure payouts. Wrongful death claims can exceed $1 million, particularly when dependents or significant lost earnings are involved.
Insurance Coverage in Pedestrian Accidents
Insurance coverage in pedestrian accidents can be complex, especially when multiple policies may apply. Understanding these options is crucial to ensuring medical bills, lost wages, and other damages are covered as quickly and fully as possible.
- Liability insurance. Questions in pedestrian accidents can be complicated. Typically, in a Washington State accident case, the liability provisions of an auto insurance policy of the at-fault driver compensate injured pedestrian accident victims. That’s also true in pedestrian accidents. But there may be additional insurance coverage.
- PIP insurance. If you, a member of your household, or the at-fault driver have personal injury protection (PIP) coverage in the insurance policy, you may recover compensation for your medical expenses under that PIP coverage. The benefit of making a PIP claim is that you may receive reimbursement sooner than you will under the liability provisions of the at-fault driver’s policy. Get and read the insurance policy.
- UM/UIM insurance. If your pedestrian accident was a hit-and-run, or if the responsible driver is uninsured or underinsured, you may be able to recover compensation under the uninsured motorist/underinsured motorist (UM/UIM) coverage in your own insurance policy or an insurance policy of a member of your household.
- Crime victim compensation and L&I coverage. In some cases, alternative sources of compensation may be available:
- Crime victim compensation: If your injury was the result of an intentional act, such as an assault with a vehicle, Washington State’s Crime Victim Compensation Program may provide coverage for medical expenses and other damages.
- L&I (workers’ compensation) coverage: If you were injured in a pedestrian accident while on the job, you may be eligible to file a workers’ compensation claim through Washington State’s Department of Labor & Industries (L&I).
To summarize, depending on insurance policy coverage, you may be able to receive compensation for pedestrian accident injuries under:
- The liability provisions of the at-fault driver’s policy
- PIP provisions of the at-fault driver’s policy
- PIP provisions in your own or a household member’s insurance policy
- UM / UIM coverage in your own or a household member’s insurance policy
- Your healthcare coverage
- Crime victims
- L&I claim if you were injured on the job
If you suffer serious injuries in a pedestrian accident, your Seattle pedestrian accident attorneys will help you find and understand insurance coverage and all the available potential sources of recovery.
Should I Talk to Lawyers About My Pedestrian Accident?
If a pedestrian accident causes significant long-term injuries requiring extended medical treatment, you will benefit from talking with experienced personal injury attorneys. It is often unwise for a victim to speak to any insurance company or adjuster. Insurance adjusters are skilled at getting people to say things that are not good for their case. The insurance company aims to settle your claim for the lowest possible amount. Don’t let them do that to you.
Compensation in severe pedestrian accident cases includes more than just reimbursement for your medical expenses. You may be entitled to damages for:
- Disability or permanent injuries
- Lost wages
- Loss of earning capacity
- Pain, suffering, and inconvenience
Knowledgeable personal injury attorneys will be able to explain fully how your facts fit the law and what you may be able to recover. You can call or write for a free consultation and case evaluation. You do not have to hire a lawyer to get a free consultation.
