Pedestrian Accident Lawyer in Bellevue Helping Injured Victims Fight for Compensation
Accidents involving a vehicle and a person on foot are almost always serious, as pedestrians have absolutely no protection against a motor vehicle. As a result, countless pedestrians are seriously injured or killed in the state of Washington every year. Learn your rights as a pedestrian in Washington and see how an attorney can help you recover compensation for your pedestrian accident injuries.
Does Washington Have Any Laws Protecting Pedestrians?
In Washington, there are several laws that both pedestrians and motor vehicle drivers are expected to follow to avoid serious accidents.
The driver of a vehicle is required to yield the right of way to a pedestrian crossing the roadway within a crosswalk. While a pedestrian may not venture suddenly into a crosswalk such that the approaching vehicle cannot stop, a pedestrian is entitled to assume the driver of a vehicle will yield to the pedestrian.
Crosswalks may be marked or unmarked. At certain intersections, a crosswalk may be implied.
Drivers must stop for pedestrians in crosswalks, regardless of whether the crosswalk is marked or unmarked. If a vehicle has stopped for a pedestrian at a crosswalk, it is illegal for another vehicle to attempt to pass it. Vehicles have the right of way in any area that is not an intersection.
Both drivers and pedestrians should observe traffic signals and exercise due care to avoid collisions. Pedestrians should walk on sidewalks; if a sidewalk is unavailable, pedestrians should walk on the side of the road facing the traffic flow. If walking at night, pedestrians must make themselves visible to drivers by carrying a flashlight or high-visibility safety gear to help them avoid them. These are just some examples of laws that both pedestrians and drivers should observe in Washington.
Who Is at Fault in a Pedestrian Accident?
Determining fault in a pedestrian accident can sometimes mean the motor vehicle driver is mostly at fault or the pedestrian is mostly at fault. Still, both sides may share responsibility for the accident in some cases. For example, if a car was speeding and failed to yield to a pedestrian at an intersection, then the driver of that car is at fault for the accident. Suppose a pedestrian illegally crossed the road in an area away from an intersection when he or she was hit by a car. In that case, the pedestrian might be mostly responsible for the accident. Both parties may share responsibility for the accident if, for example, the driver of a vehicle was distracted by their mobile device, failed to see a pedestrian making an illegal crossing, and did not attempt to hit the brakes or honk the horn in due time. A pedestrian accident attorney can assist with investigating what happened in the moments leading to the accident to accurately assign liability to the responsible party.
Can I Still Get Compensation if I Am Partially at Fault?
In some states, victims of personal injury (including pedestrian accidents) may be barred from receiving any compensation if it is determined that they may have had any percentage of responsibility for their accident. Fortunately, the state of Washington follows a more flexible rule known as the comparative negligence rule. This allows victims to recover compensation for an accident, even if they were partially to blame for it.
For example, if you were struck by a motor vehicle and suffered $100,000.00 worth of damages, but it is determined that you were 20% responsible for your accident because you were crossing the road away from an intersection, you may still receive compensation, minus 20%. So, instead of receiving $100,000.00, you may receive $80,000.00. The percentage of blame assigned to you reduces your final award amount. For that reason, working with a knowledgeable pedestrian accident lawyer is important to minimize your liability and get maximum compensation.
How Much Is a Pedestrian Accident Claim Worth?
As in any personal injury case, a pedestrian accident claim value is determined by the severity of the victim’s injuries and the amount of damages the accident caused, including its long-term impact on the victim’s life. Your final award amount is a combination of both economic damages and non-economic damages.
Economic damages are tangible financial losses suffered as a result of the accident and injury. Medical bills, lost wages, damaged property, and other expenses are all examples of economic losses. Non-economic losses are the more subjective aspects of your claim and refer to the emotional and physical scars the accident may have caused, including pain, suffering, and mental anguish. Non-economic loss also includes loss of enjoyment of life and limited capacity for activities enjoyed before the injury.
Each pedestrian accident case is unique, and it is impossible to determine your claim’s value without analyzing your accident and the damages you may have suffered in depth. Generally, the higher your losses and the more severe your injuries are, the higher your case value may be. Only a skilled pedestrian accident attorney can provide you with an accurate estimate after studying your particular situation, so be sure to consult with an attorney as soon as possible.
Is There a Deadline for Initiating a Claim for a Pedestrian Accident in Washington?
A pedestrian accident is considered a type of personal injury case, and therefore it is subject to the state’s statute of limitations for personal injury claims. A statute of limitations is a hard legal deadline for victims of a personal injury claim to take action.
In Washington, the statute of limitations for personal injury claims – including pedestrian accidents – is three years from the date when the accident occurred. That means once your accident takes place, the clock starts ticking. Three years may seem like a long time, but waiting tends to be counterproductive for your case, as it becomes harder to access crucial evidence the longer you wait. The sooner you speak to an attorney and begin working on your case; then the higher your chances are of achieving a favorable result. The statute of limitations may be longer for minors. However, it’s best to consult with an experienced attorney as soon as possible so that work to gather necessary evidence can begin.
How Can a Pedestrian Accident Lawyer Help?
It is important to seek the help of a seasoned pedestrian accident attorney if you want to improve your chances of getting maximum compensation without having to deal with endless paperwork and constant insurance phone calls. Your attorney can protect your rights as a victim and take care of every aspect of your case for you, so you can focus on maximizing recovery from your injuries.
At Cascade Injury Law, PLLC, you can count on receiving quality legal help, compassionate service, and strong legal representation. Whether you are planning to settle outside of the courtroom or need someone who will take your case to trial or arbitration, contact the Cascade Injury Law, PLLC office in Bellevue by calling 425-654-8121 and scheduling a consultation to discuss your case.