Accidents on the road are unfortunately not uncommon. In 2021, there have been 3,730 crashes reported so far in the greater Seattle area. As you recover from your pedestrian accident, you should seek an attorney who can help you through your situation as you seek fair compensation for your injuries.
I am a Seattle-based attorney who will fight for your personal injury claim. Serving not only clients in Seattle but also individuals in Western Washington, including the Puget Sound Area, Bellevue, Tacoma, and Everett, I can help you pursue the justice that you deserve. Reach out to me at The Law Office of Dan N. Fiorito III to schedule a consultation.
Any time a pedestrian is hit by a car, there are a few significant factors that will be considered:
Right-of-Way — The right-of-way is determined by traffic stops. On a crosswalk, pedestrians have the right-of-way.
Pedestrian Responsibilities — Pedestrians hold some responsibilities themselves. They are required to use the sidewalks when available instead of walking on the street. If sidewalks are not available, pedestrians must walk on the left side of the roadway or its shoulder-facing traffic. They also have responsibilities when it comes to crossing traffic. Pedestrians must also obey traffic signals and are not allowed to suddenly leave the curb and move into traffic so that a driver cannot stop.
Driver Responsibilities — Drivers have responsibilities as well. They have to exercise a duty of care to avoid colliding with any pedestrian on any roadway and shall give warning by sounding the horn when necessary. In addition, drivers must yield to pedestrians at crosswalks.
Other Circumstances — The circumstances surrounding the accident — whether there was low visibility, slippery surfaces, or other factors — will also be considered.
When it comes to personal injury claims, the element of negligence must be determined in order to pursue a claim. Negligence is established by a few steps:
The defendant owed the pedestrian a duty to exercise reasonable care
The defendant breached their duty to exercise reasonable care
The defendant’s breach caused the pedestrian’s injury
Once these factors have been established, the percentage of fault must also be determined. Washington is a pure comparative negligence state, meaning that the amount of damages that are able to be recovered will be reduced by the percentage of fault the defendant carries.
In pedestrian accident claims, there are two types of damages available: economic and non-economic.
Economic damages are monetary losses that were caused by the accident. These can include medical expenses, any damage to your property, or lost wages.
Non-economic damages are non-monetary losses that are caused by the accident. This includes pain and suffering. It is important to note that Washington does not allow for punitive damages.
In the state of Washington, the statute of limitations for filing an injury claim in a pedestrian accident is three years from the date of the incident.
If you have been in a pedestrian accident, the first step is to make sure you call 911 and get the appropriate personnel — both medical and non-medical — on the scene. Be sure to collect information from the other parties involved, as well as any witnesses on the scene. Afterward, contact an attorney to discuss your next steps moving forward.
If you are representing a loved one who was incapacitated or lost their life in a pedestrian accident, be sure to get information such as police reports that will be necessary to give to your attorney. Collect all of the necessary information and speak to an attorney to determine what you need to do next to move forward with a wrongful death claim.
With extensive experience under my belt, my firm will help advocate for the compensation you deserve. If you live in Western Washington, including Seattle, Puget Sound Area, Bellevue, Tacoma, or Everett, and have been injured in a pedestrian accident, call me at The Law Office of Dan N. Fiorito III today to set up a consultation to discuss your case.