Unfortunately, pedestrian accidents are often some of the most devastating accidents. This isn’t surprising as pedestrians have no protection from the collision. Unlike passengers in a car, who have some cushion from the vehicle’s frame or airbags, pedestrians have no physical barriers to absorb the impact.
As a result, injuries sustained by pedestrians can be extremely serious. They can lead to long-term disabilities or even fatalities. The aftermath of such an accident can be overwhelming for victims and their families.
Allows us to help you through the process. At Jacobs and Jacobs Personal Injury Law, we understand the challenges faced by pedestrian accident victims. Our experienced attorneys are dedicated to providing compassionate and effective legal representation to help you navigate the complexities of your case.
How to Know If You Have a Pedestrian Accident Case
Key Questions to Determine a Valid Claim
- Were you injured? – If you sustained injuries requiring medical treatment, you may have a case.
- Was another party at fault? – A negligent driver, a municipality, or another entity could be responsible.
- Does the responsible party have insurance? – Compensation often comes through insurance claims.
Why Choose Jacobs and Jacobs Personal Injury Law for Your Pedestrian Accident Case?
A pedestrian injury lawyer in WA can help you navigate the legal process; however, choosing the right attorney is crucial. At Jacobs and Jacobs Personal Injury Law, our extensive experience in handling pedestrian accident claims sets us apart. We understand the complexities involved and are dedicated to ensuring that our clients receive the compensation they deserve. We can also help you overcome the challenges of pedestrian accident claims.
Challenges of Pedestrian Accident Claims
One of the biggest challenges faced by victims is managing the legal process while at the same time focusing on recovering from the accident. Pedestrian accident claims often involve severe injuries, requiring extensive medical treatment and rehabilitation. This can make it difficult for victims to navigate the complexities of their legal cases.
Another challenge with such cases is that even minor collisions can cause major injuries. If the opposing party or their insurance company disputes the severity of the injuries, it can lead to prolonged negotiations and legal battles. They could argue how such a minor collision resulted in such severe injuries. You may have to prove fault using evidence and legal arguments.
Victims may also face difficulties in proving fault, as establishing liability can be complex, especially when multiple parties are involved, such as drivers, municipalities, or property owners. There’s also the challenge of negotiating with the insurance company, which may try to employ various tactics to reduce its payout.
Pedestrian accident claims can also have several other challenges depending on the specifics of the case. Pedestrian accident legal help Washington can go a long way in helping you overcome these challenges and securing full and fair compensation for your suffering.
What Sets Us Apart?
At Jacobs and Jacobs Personal Injury Law, we help personal injury victims get justice. Using our understanding of the law and experience in traffic accidents, we know how to secure a favourable outcome in a claim or lawsuit. This includes pedestrian accident cases in Washington State.
Every case we take gets our complete attention, and we ensure personalized legal representation for each client. We take the time to understand the circumstances of your case, providing tailored legal strategies to achieve the best possible outcome. Our team has extensive experience handling complex pedestrian accident claims, and we leverage this expertise to build strong, evidence-based cases.
Our team’s priority is to secure the best possible legal outcome for our clients. Whether this requires an out-of-court settlement or taking the case to trial, our focus is always on the best interests of our client. To learn more about how we can help, contact us.
What to Do After a Pedestrian Accident in Washington State
If you have been in a pedestrian accident, your first step should be to assess yourself for injuries and seek medical attention as soon as possible. The best way to do this is to call 911 and let them know about your accident. This way and others involved in the accident can receive the medical attention they need.
Generally, the pedestrians involved in the crash need some medical attention. A minor fender bender for a motorists could be a serious collision for a pedestrian.
Once you’ve ensured your safety, try to document the scene of the accident if you can. Take photographs of the scene, your injuries, and any damage to vehicles or property. Note down the time, date, location, weather conditions, and any other relevant details that could be useful to build a strong case.
If you have to get emergency medical attention, you may not be able to gather evidence from the crash site. In such a situation, you should rely on the police report and any witness accounts to gather information later. Additionally, you can return to the scene once you’re able and take photographs or notes if the conditions haven’t changed.
It’s crucial to file a police report, as it will be an essential document for your claim. Provide the police with all the information you have gathered and request a copy of the report for your records.
If the pedestrian accident is covered by an insurance policy, you need to notify them about the accident. The insurance company may require you to submit evidence to support your claim for compensation. While you want to notify the insurance company within their required timeframe, be careful in what you share with them. Ideally, you want to consult with a WA pedestrian accident attorney before you communicate with the insurance provider.
Your attorney can assess your case and guide you on how to protect your rights. They can also provide guidance on what to share with the insurance company, which may try to minimize the compensation you receive by interpreting your statements in a way that reduces its liability. By working with an attorney, you can ensure that you present your case in the best possible light and maximize your chances of receiving fair compensation for your injuries and damages.
Common Causes of Pedestrian Accidents in Washington State
Pedestrian accidents can be caused by various reasons, including human error and road conditions. Here are the common causes of such accidents in Washington State.
Human Negligence
One of the most prevalent causes of pedestrian accidents is human negligence, where either a motorist or the pedestrian caused the accident. Human error includes distracted driving, speeding, driving under the influence of drugs or alcohol, or failing to yield to pedestrians at crosswalks.
While pedestrians have the responsibility of only crossing the road at designated crosswalks, the drivers should also pay attention to traffic signals. Making sudden lane changes or engaging in reckless driving puts pedestrians at risk. Distractions, like texting while driving or using a mobile phone, further heighten the dangers. Anything that takes away the focus from the road is a distraction.
Hazardous Road Conditions
The road conditions in Washington State can also play a role in pedestrian accidents. Rain, snow, fog, and other weather conditions can make it more challenging for drivers and pedestrians to use the shared space. This can increase the risk of pedestrian accidents.
Other Contributing Factors
Poor pedestrian infrastructure, such as missing crosswalks or signals, also plays a role. Complex intersections, heavy traffic, and pedestrian behaviors like jaywalking further heighten risks. However, driver negligence remains the primary cause of most accidents.
Who Can Be Held Liable in a Pedestrian Accident?
Victims of pedestrian accidents are often unsure who to file a claim against. In some cases, an investigation is needed to determine who was at fault. Different parties might be held responsible. The driver can be at fault if they were speeding, distracted, drunk, or breaking traffic laws. Sometimes, the pedestrian may also be partly to blame if they were jaywalking or crossing against a signal.
Government entities can be liable if bad road conditions, broken traffic lights, or poor signs caused the accident. If a car defect like brake failure was involved, the vehicle manufacturer could be responsible. Property owners might be at fault if unsafe conditions on their property led to the accident. Finding who’s liable is important for getting compensation and ensuring justice. Not only do you have to determine who was at fault, but you also need to present credible and admissible evidence that can support your claim.
Compensation Available for Pedestrian Accident Victims
Here are some of the most common types of compensation that pedestrian accident victims can seek:
Economic Damages
- Medical expenses (past, current, and future)
- Rehabilitation and therapy costs
- Lost wages and loss of earning capacity
- Property damage (e.g., personal belongings damaged in the accident)
- Transportation costs for medical appointments
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement and scarring
- Loss of companionship or consortium (for family members)
Punitive Damages (When Applicable)
Punitive damages are awarded when the person responsible for the accident acted recklessly or intentionally. Unlike other types of compensation, which are meant to cover the victim’s losses, punitive damages are designed to punish the wrongdoer and discourage others from behaving similarly. These damages are usually given in cases where the actions of the at-fault party were especially reckless or egregious.
Frequently Asked Questions About Pedestrian Accidents in Washington State
How Long Do I Have to File a Pedestrian Accident Claim?
You have a limited time to file a claim for a pedestrian accident. In Washington state, the statute of limitations for filing a pedestrian accident claim is three years from the date of the accident. If you fail to file within this timeframe, you may lose your right to seek compensation.
Some exemptions or exceptions may apply to your case. However, they’re rare. If you feel there’s a valid reason for you to be granted more time to file a claim, consult with an attorney to determine if your reason meets the legal requirements to seek an extension in the time frame.
Can I File a Claim If I Was Jaywalking?
Yes, you may still be able to file a claim even if you were jaywalking. Washington follows a comparative fault system, meaning you can recover damages even if you were partially at fault. However, jaywalking can reduce the amount of compensation you receive.
For example, if you’re found to be 30% at fault because of your jaywalking, your compensation may be reduced by 30%. It’s also dangerous to cross the road outside of designated areas, so always exercise caution. Consulting with a personal injury attorney can help you navigate the complexities of your case and maximize your potential compensation.
What If the Driver Fled the Scene?
Fleeing the accident site can be considered a hit-and-run offense. A common challenge in such cases is the lack of an identifiable party to hold responsible. You should immediately report the incident to the police and provide as much information as possible, such as the make, model, color, and license plate number of the vehicle.
Witnesses can also provide valuable information that can identify the at-fault party. You may still be able to file a claim through your uninsured motorist coverage if the driver cannot be identified. Additionally, having a hit-and-run on record can assist authorities in tracking down the responsible driver.
Call a Washington State Pedestrian Accident Lawyer Today
If you’ve been in a pedestrian accident, allow Jacobs and Jacobs Personal Injury Law to help. From gathering evidence to communicating with the insurance company and advocating for your rights in court, our legal team can handle all aspects of the case. While we work diligently to get you full and fair compensation, you can focus on your recovery from the accident. Get a free case evaluation by calling 253-342-4965 today. No upfront fees—you only pay if we win.