Cities in the Pacific Northwest pride themselves on being bike and pedestrian-friendly. In recent years, Seattle has focused on implementing its Pedestrian Master Plan, which is “a 20-year blueprint to achieve our vision of Seattle as the most walkable and accessible city in the nation.” While some progress has been made to support this vision, recent traffic-related statistics paint a different picture. Recent data found that “pedestrian deaths have been at an all-time high since 2021, despite the city’s Vision Zero goals.” In addition to the concerning number of pedestrian deaths, pedestrian injuries also occur within the Seattle city limits and throughout the surrounding area. While some pedestrian accident injuries do eventually heal, they can still cause significant pain, lengthy recoveries, and unexpected costs for those who suffer them at the hands of a distracted or negligent driver.
Fortunately, Washington state laws are designed to protect pedestrians who use designated crosswalks. These laws protect pedestrian right-of-way crossings and entitle injured walkers to file a crosswalk injury claim in order to recover compensation. Enlisting the guidance of a highly experienced and dedicated Seattle crosswalk accident attorney is strongly recommended to ensure that you can secure the compensation you need to support the costs of your recovery. Whether you’ve been involved in a pedestrian accident in the Greenwood, Green Lake, Wallingford, or surrounding Seattle neighborhoods, let’s take a look at how to establish pedestrian accident fault in Washington and the steps you can take to recover injured pedestrian compensation from the at-fault party so that you can begin to put your life back together after the accident.
When a Pedestrian is Hit in a Crosswalk in Washington State
It’s important to review what the law says about pedestrian accidents, especially when it comes to crosswalks. According to RCW 46.61.235, “The operator of an approaching vehicle shall stop and remain stopped to allow a pedestrian, bicycle, or personal delivery device to cross the roadway within an unmarked or marked crosswalk when the pedestrian, bicycle, or personal delivery device is upon or within one lane of the half of the roadway upon which the vehicle is traveling or onto which it is turning.” In other words, drivers have a legal obligation to yield to pedestrians in both designated and unmarked crosswalks. They must stop their vehicles and remain stopped until the pedestrian has cleared both the lane the driver is in and the adjacent lane.
However, it’s equally important to recognize that pedestrians may not “suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop.” Under Washington state’s comparative negligence system of establishing legal fault in pedestrian accidents, it’s possible for both the driver and the pedestrian to share responsibility for the accident. Even if you, as a pedestrian, are found partially at-fault for the accident, Washington’s comparative negligence system still allows you to recover a portion of the damages you are seeking (that’s proportional to your degree of responsibility in causing the accident). Get in touch with a trusted and skilled pedestrian accident lawyer who serves neighborhoods throughout the Seattle area, including Fremont, Queen Anne, and more.
Determining Fault in King County Crosswalk Accidents
As you move forward with your pedestrian accident claim, a considerable amount of time will need to be spent investigating the factors and circumstances of the incident in order to establish fault. With a knowledgeable and experienced personal injury attorney by your side, you can review potential evidence that will help to shed light on the moments leading up to, during, and immediately after the event. For instance, requesting a copy of the police report from the scene of the accident can be useful in helping to clarify important information about the collision. The report may include witness statements that claim that the driver was texting or otherwise distracted behind the wheel at the time of the collision. Or, the police report may have information about the driver’s intoxication levels that impaired their ability to operate a vehicle safely. Video footage, either from nearby businesses or from certain vehicle models that are equipped with recording capabilities, can prove useful in guiding fault determinations.
Recovering Compensation for Pedestrian Accident Victims in Washington State
Those who are struck by a vehicle may suffer painful and even catastrophic injuries requiring intensive medical interventions, ongoing medical care, and other costly treatments. As you compile your pedestrian accident claim, you can work with your skilled and caring Seattle personal injury lawyer to seek compensation that accounts for the medical expenses (i.e., emergency room care, hospitalization, surgery, rehabilitation, etc.), lost wages, diminished earning capacity, pain and suffering, emotional distress, and property damage that all stemmed from the incident. Moreover, you should understand that you may still recover some compensation if you share partial blame for the accident. For instance, if fault determinations find you 20 percent responsible for the accident, you will still be entitled to receive 80 percent of the total damages awarded. If you’ve been injured in an accident in the U-District, Shoreline, or other areas in the Seattle community, our knowledgeable Seattle pedestrian accident lawyer will work closely with you to maximize your settlement offer to ensure that you receive the economic support you need to start putting your life back on track.
Steps to Take After a Pedestrian Crosswalk Accident in Seattle
A successful personal injury claim starts the moment that the accident occurs. As you wait for medics to arrive, it’s essential to report the incident to local law enforcement so that the responding officer can arrive at the scene and compile a police report. Even if you do not believe that your injuries are severe enough to justify a trip to the hospital, you should visit a healthcare professional within the next day or two for a comprehensive evaluation. The medical records established by your visit will help to define the nature, severity, and prognosis of the injuries you sustained. Finally, be sure to contact a trusted and highly regarded Seattle personal injury attorney who can look out for your best interests and work toward securing the compensation you need to support your recovery.
Proudly Serving Local Seattle Residents
Scott & Scott, PLLC, is Seattle’s go-to law firm for accident and work claims of all kinds. We proudly represent local workers and citizens who have suffered injuries at the hands of negligent or distracted parties. If you have been injured in a pedestrian accident in the greater Seattle area, give our office a call today at (206) 622-2200 to get started with a highly qualified and experienced personal injury attorney.