Important Things to Know About Pedestrian & Bicycle Accidents in Washington State
Personal injury cases stemming from pedestrian and cyclist accidents in Washington State often rely on several critical factors. Pedestrian accident lawyers play a crucial role in determining liability by establishing that a driver acted negligently—by speeding, failing to yield, or driving under the influence.
Washington’s pure comparative negligence system does allows injured parties to recover damages even if they share some fault, although their compensation is reduced proportionally. An experienced personal injury attorney will work to eliminate or reduce the proportion of fault that the at-fault driver’s insurance carrier tries to assign to the injured party.
The value of these claims typically depends on the assessment of damages, which includes medical expenses, lost wages, pain and suffering, and other related costs, with more severe injuries yielding higher settlements.
Insurance coverage also plays a pivotal role. If the at-fault party’s policy limits are insufficient, additional assets may need to be pursued. If the at-fault driver lacks adequate insurance, pedestrian accident lawyers can assist injured parties in leveraging their own insurance policies to maximize compensation.
Finally, involving an experienced pedestrian accident lawyer can significantly impact the outcome. They navigate complex legal processes, negotiate effectively with insurance companies, and work toward settlements that reflect the severity of injuries, liability clarity, and available recovery resources.
Personal injury attorneys are paid based on contingency fees. Than means,
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Common Causes Of Pedestrian and Bicycle Accidents
Speeding: Drivers traveling at excessive speeds have less time to react to pedestrians or cyclists.
Impaired Driving: Alcohol or drug use by drivers impairs judgment and reaction times.
Distracted Driving: A leading cause of pedestrian accidents, despite Washington’s strict distracted driving laws.
Failure to Yield: Drivers failing to stop for pedestrians at crosswalks or intersections.
Poor Visibility: Accidents frequently occur at night or in busy areas where visibility is reduced.
These factors not only lead to accidents but also complicate the determination of liability, especially when multiple causes are involved.
Pedestrian Rights and Responsibilities
Right of Way: Pedestrians generally have the right of way at both marked and unmarked crosswalks. Drivers are required to stop and yield.
Obligation to Obey Signals: Pedestrians must adhere to traffic signals and cross at designated areas.
Impact of Jaywalking: Crossing outside of a designated crosswalk or against a signal can complicate a case. However, jaywalking does not automatically prevent a pedestrian from recovering damages if the driver is also negligent.
Comparative Negligence in Washington
Washington uses a pure comparative negligence system for personal injury cases, which means a pedestrian or cyclist can still recover damages even if they are partially at fault for the accident. Pedestrian accident lawyers play a crucial role in helping injured parties navigate this system to ensure they receive fair compensation.
Compensation is reduced by the percentage of fault assigned to the pedestrian or cyclist. For example, if a pedestrian is 25% at fault and the total damages are $100,000, they would receive $75,000.
By understanding the common causes of accidents, the rights and responsibilities of pedestrians, and Washington’s comparative negligence system, injured parties can better handle personal injury claims. However, working with an experienced pedestrian accident lawyers ensures that any challenges related to liability or fault are addressed effectively, increasing the likelihood of fair compensation.
Steps to take after a pedestrian accident
Seek immediate medical attention, even if injuries seem minor.
Report the accident to law enforcement and obtain a copy of the police report.
Document the scene by taking photos, noting road conditions,
And collecting driver and witness information.
Avoid speaking to insurance adjusters without consulting a lawyer.
Damages—Medical Expenses
Lawyers work closely with medical professionals, experts, and other resources to ensure these damages are fully accounted for. The lawyer collects all bills for hospital stays, doctor visits, surgeries, therapy sessions, medications, and medical supplies. These are the foundation for calculating past costs.
If the plaintiff’s insurance paid for any portion of the treatment, those amounts are also documented to determine the total expenses and out-of-pocket costs. Every expense directly related to the injury—such as ambulance fees, diagnostic tests, and rehabilitation services—is included.
Lawyers consult with treating physicians or independent medical experts to understand the long-term prognosis, potential complications, and future treatment needs. For severe or permanent injuries, a life care planner may be hired to outline the expected medical care over the plaintiff’s lifetime, including surgeries, rehabilitation, or assistive devices like prosthetics or wheelchairs. This includes therapy, follow-up visits, prescription medications, and recurring medical needs.
Future medical expenses are adjusted for inflation to reflect the increasing cost of healthcare over time. For long-term care needs, the lawyer uses financial experts to calculate the present value of future expenses so that damages accurately reflect the required funds today.
If the injury necessitates modifications like wheelchair ramps or stairlifts, these costs are included. If travel expenses for specialized care or frequent medical appointments are needed, those costs will be considered. Additionally, if a family member or professional caregiver is required, this cost is also added to the damages.
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Hiring a Personal Injury Lawyer is Essential
Navigating a personal injury claim after an accident can be overwhelming, especially when dealing with insurance companies that often aim to minimize payouts by shifting blame onto the injured party. A personal injury lawyer can handle communications, negotiate on your behalf, and ensure you receive fair compensation.
Beyond managing insurance claims, a lawyer plays a crucial role in determining liability by gathering evidence such as police reports, surveillance footage, witness statements, and accident reconstruction analyses. This thorough investigation is essential for proving the driver’s negligence and strengthening your case.
A lawyer also ensures that all damages—both economic and non-economic— are accurately calculated. They consider medical bills, lost wages, pain and suffering, and emotional distress, often collaborating with medical and financial experts to account for long-term or permanent injuries. Additionally, lawyers help you adhere to critical deadlines, such as relevant statute of limitations for filing personal injury lawsuits, to protect your claim.
Finally, hiring a personal injury lawyer is risk-free for most clients. Pedestrian accident lawyer(s) typically work on a contingency fee basis, meaning you don’t pay any fees unless they successfully recover compensation for you. By taking on the legal complexities, the attorney allows you to focus on recovery while advocating for the justice and compensation you deserve.
If you or a loved one has been injured in a pedestrian or bicycle accident, reach out to our experienced personal injury lawyers for guidance. We are here to help 7 days a week. (360) 792-1000