Pedestrian accidents don’t usually make the news like auto accidents, but they are a regular occurrence and are responsible for thousands of injuries and fatalities annually. No one is immune to human error, but many pedestrian accidents are caused due to carelessness and recklessness of another person. Pedestrians have the same rights as motorists and it’s essential that you have a top-notch attorney to help recover damages if you or a loved one have been injured or killed in a pedestrian accident.
Understanding Pedestrian Accident Cases
Pedestrian accidents are unfortunately common occurrences, leading to thousands of injuries and fatalities each year in Washington state. These accidents involve pedestrians who are struck by vehicles while walking or crossing the streets, and they can result in devastating consequences for the victims and their families. Understanding the nature of pedestrian accident cases is crucial to protect your rights and seek compensation if you or a loved one has been injured in such an incident.
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Pedestrian Rights and Responsibilities:
As an occupant of a vehicle, a pedestrian enjoys certain rights and protections under Washington state law. Pedestrians have the right-of-way when crossing in marked crosswalks, and drivers are obligated to yield to pedestrians in these areas. Even when crossing at unmarked intersections, pedestrians still have the right-of-way, and drivers must exercise caution to avoid colliding with them.
However, pedestrians also have responsibilities to ensure their safety. They should obey traffic signals and pedestrian crossing signs, use marked crosswalks when available, and avoid jaywalking or crossing against the signal. Adhering to these responsibilities can contribute to reducing the risk of pedestrian accidents.
Causes of Pedestrian Accidents:
Pedestrian accidents can occur due to various factors, with human error, carelessness, and recklessness being common causes. Some of the typical reasons for pedestrian accidents include:
- Driver Negligence: In many cases, pedestrian accidents are caused by drivers who fail to yield right-of-way, speed, drive while distracted, or disobey traffic signals.
- Distracted Driving: Drivers using mobile devices or engaging in other distractions may not notice pedestrians in time to avoid collisions.
- Drunk or Impaired Driving: Driving under the influence of alcohol or drugs significantly increases the risk of accidents involving pedestrians.
- Poor Visibility: Low-light conditions, bad weather, and obstructed views can make it difficult for drivers to see pedestrians, increasing the likelihood of accidents.
- Pedestrian Negligence: Sometimes, pedestrians might contribute to accidents by crossing roads unsafely or unexpectedly stepping into traffic.
Injuries and Damages in Pedestrian Accidents:
Pedestrian accidents can result in severe injuries for the victims. These injuries often include fractures, head trauma, spinal cord injuries, internal organ damage, and more. Due to the lack of protective barriers, pedestrians are vulnerable to significant harm when involved in collisions with vehicles.
Victims of pedestrian accidents and their families may face substantial financial and emotional burdens. Medical expenses, including hospitalization, surgeries, and ongoing treatments, can quickly accumulate. Additionally, lost wages due to time off work and the pain and suffering endured by the victim may also be significant.
Our Approach to Pedestrian Accident Cases
Our team can help if you or a loved one have been:
- Struck in a crosswalk or parking lot
- Hit while exiting a vehicle
- Sideswiped by a motor vehicle
- Injured or killed by a careless motorist
How Olympia Pedestrian Accident Lawyers Can Help
It’s essential to hire a lawyer as soon after the accident as possible. Waiting too long can cause evidence to be lost, damaged or destroyed and insurance companies will refuse payment for which you are eligible. Additionally, there may be statute of limitation laws in place which would prevent you from taking legal action if you wait too long. Even if you feel that your injuries were minor–just a scrape or a bruise–you should consult with a lawyer. Choosing an attorney who is familiar with pedestrian law is key; they will know all the nuances of the law and have prior experience fighting such cases, which will aid them getting your case taken care of quickly and efficiently.
If you choose not to hire an attorney to help you, there’s a high chance that the insurance companies will take advantage of you since you’re unrepresented and aren’t familiar with all the details of the law. Often times unrepresented parties are giving settlements that are many times smaller than what a lawyer could help you get. Choosing to fight your case alone, for the sake of saving money, is not a good choice considering you may have ongoing bills due to injuries sustained in the accident. A lawyer who practices pedestrian law will ensure that your settlement accounts for past, current and future medical bills so that you don’t’ suffer financially as well. Lawyers can also help you recover damages for lost wages, loss of life and final expenses.
How Ron Meyers & Associates Can Help with Pedestrian Accident Cases
Seeking Legal Representation
If you or a loved one has been injured in a pedestrian accident, it’s crucial to seek the assistance of an experienced personal injury attorney. A skilled lawyer can help protect your rights, navigate the complexities of pedestrian accident cases, gather crucial evidence, and pursue fair compensation on your behalf. Time is of the essence in such cases, as evidence can quickly disappear, and there are statutes of limitations to consider. Consulting with a knowledgeable attorney promptly can ensure that you receive the legal support and guidance needed to pursue your claim effectively.
Work with Ron Meyers & Associates
For over 30 years, Ron Meyers & Associates PLLC has been serving Western Washington residents and earning the reputation of a compassionate, yet tough, law firm that fights for your rights every step of the way. They’ve helped hundreds of clients obtain successful outcomes and won millions of dollars in compensation for their clients. Contact us today for a free consultation to discuss your pedestrian accident and learn more about how we can help you.
Frequently Asked Questions About Pedestrian Accident Cases
If you’ve been injured in a pedestrian accident, your health and safety should be the top priority. Seek immediate medical attention for your injuries. Afterward, if possible, gather information from witnesses, take photos of the accident scene, and obtain the contact information of the driver involved. Then, contact a skilled pedestrian accident attorney to discuss your case and explore your legal options.
Yes, as a pedestrian injured in a motor vehicle accident, you have the right to seek compensation for your injuries and related damages. If the accident was caused by the negligence of a driver, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. Consulting with an experienced pedestrian accident attorney can help you understand the full extent of your rights to compensation.
Yes, if you were involved in a hit-and-run pedestrian accident, you may still be able to pursue a claim for compensation. Although identifying the at-fault driver might be challenging, working with a skilled attorney can increase your chances of obtaining fair compensation. In some cases, you may file a claim with your own insurance company under the uninsured motorist coverage to seek compensation for your injuries.
Yes, there is a time limit, known as the statute of limitations, for filing a personal injury claim in Washington. In most cases, you have three years from the date of the accident to file a lawsuit seeking compensation. However, it’s essential to consult with an attorney promptly to ensure that you comply with the applicable deadlines and preserve your rights to seek compensation.
It’s not recommended to accept an insurance settlement without consulting with an attorney first. Insurance companies often try to minimize payouts, and their initial offers may not fully cover your losses. By working with an attorney, you can ensure that you understand the true value of your claim and negotiate for a fair settlement that considers all your current and future expenses.
In a pedestrian accident case, you may be eligible to claim various types of damages, including:
- Medical expenses: Compensation for current and future medical bills, hospitalization, rehabilitation, and therapy.
- Lost wages: Reimbursement for income lost due to missed work during recovery or disability caused by the accident.
- Pain and suffering: Non-economic damages to compensate for physical and emotional pain endured as a result of the accident.
- Property damage: Compensation for damage to personal belongings, such as clothing or accessories, during the accident.
- Wrongful death: If a pedestrian is killed in the accident, surviving family members may pursue damages for funeral expenses, loss of financial support, and emotional suffering.
Washington follows a comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible to seek compensation. However, your total recovery may be reduced by your percentage of fault. For example, if you were found 20% at fault and awarded $100,000, you would receive $80,000 after the deduction for your share of fault.
Yes, you can pursue a pedestrian accident claim even if the at-fault driver is uninsured. In such cases, you may be able to seek compensation through your own insurance company’s uninsured motorist coverage. This coverage is designed to protect you in situations where the at-fault party is uninsured or underinsured.
Yes, you can still pursue a pedestrian accident claim if the driver who hit you was driving a company vehicle. In such cases, not only can you seek compensation from the individual driver’s insurance policy, but you may also have the option to hold the driver’s employer liable under the principle of “vicarious liability.” This means that an employer can be held responsible for the actions of their employees if the accident occurred within the scope of their employment duties.
After a pedestrian accident, taking the following steps can help protect your rights and strengthen your potential claim for compensation:
- Seek medical attention: Get medical help for your injuries, even if they seem minor, as some injuries may not be immediately apparent.
- Document the scene: Take photos of the accident scene, your injuries, and any property damage, if possible.
- Gather information: Collect contact details of witnesses, the driver’s information, and insurance details.
- Report the accident: Notify law enforcement and file an accident report.
- Preserve evidence: Keep all relevant documents, medical records, and communication related to the accident.
- Consult an attorney: Reach out to a skilled pedestrian accident attorney at Ron Meyers & Associates to discuss your case and explore your legal options.