Establishing Fault after a Pedestrian Accident

In 2011, 4,432 pedestrians were killed and 70,000 injured in traffic accidents across the United States. On average, a pedestrian is injured every 8 minutes in traffic crashes. While these statistics are startling, they are not new. Pedestrian accidents have been on the increase in recent years due to numerous factors, including texting, distracted driving, and driving impaired.

As with all motor vehicle accidents, it is important to establish who is at fault for the accident. After all, not all pedestrian accidents are the fault of the motorist. Small children may inadvertently run out in front of an oncoming car or a pedestrian who is texting while walking may suddenly walk into an intersection unaware.

The State of Washington is a pure comparative negligence state. This means that a judge or jury will determine the level of responsibility you had for your accident. Then you are responsible for your percentage of the damages.

For example:

Susan was crossing the street not at a designated crosswalk. The driver of the vehicle was speeding around the curve when he hit Susan and caused serious injuries. If a judge determined that Susan was 40% responsible for her accident since she was not crossing the street at a crosswalk, then Susan would be responsible for 40% of her injuries and expenses. The negligent driver would be responsible for 60%.

Immediately after you are injured, it is important to contact an experienced Seattle pedestrian accident attorney. Your attorney will need to gather evidence to show that the driver of the vehicle was at fault for your injuries. To do this, accident recreation experts, eyewitnesses, and police reports might be needed. Determining fault is the key to obtaining the maximum compensation following a devastating pedestrian accident. Without legal representation, you risk receiving far less than you need to fully recover.

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Once fault is established, your attorney will be able to file a claim with the at-fault driver’s insurance company to ensure that you are compensated for your injuries. A personal injury lawsuit may also be filed to obtain money for medical expenses, lost wages, pain and suffering, and loss of companionship.

Contact Seattle Pedestrian Accident Attorneys

For a free legal consultation, call
(800) 708-6000

If a negligent driver injures you or someone you love, an experienced Seattle pedestrian accident attorney at Phillips Law Firm can help. If you are interested in learning more about your legal options, call us at 1-800-708-6000. Our Seattle personal injury lawsuit attorneys are waiting to assist you 24/7, offering a free case evaluation. Remember our no fee promise. If we do not recover anything for you, you do not owe us an attorney fee.

The personal injury lawyers at Phillips Law Firm have successfully represented injured individuals and their families in Seattle, Tacoma, Vancouver, Bellevue, Everett, Kent, Auburn, Renton, Federal Way, Bellingham, Marysville, Lakewood, Redmond, Shoreline, and throughout the State of Washington.

Real People. Real Justice. (800) 708-6000