Pedestrian Accidents in Washington

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According to Washington’s Preliminary 2013 Annual Collision Summary, 1,700 Washington pedestrians were involved in a fatal/injury related collision with an automobile in 2013.  In fact, a pedestrian (or bicyclist) was involved in a crash almost every three hours.  Further, a pedestrian (or bicyclist) was killed in a crash with a vehicle every six days.

Pedestrian accidents are very real in Seattle, as well as, in all of Washington for that matter.  Pedestrians that are struck by automobiles can suffer serious and devastating injuries.  They can also incur substantial medical expenses and time away from work.  The following provides a further insight into pedestrian accidents in Washington.  In particular, it examines issues that may affect filing a personal injury claim after these accidents occur.

Proving Negligence

As stated above, pedestrians can suffer a vast array of serious and devastating injuries following a collision with an automobile.  These injuries can lead to exorbitant medical expenses, time away from work, pain and suffering, and mental anguish.  In some cases, injured pedestrians can seek to recover these damages by means of filing a civil lawsuit.

However, please keep in mind that if a lawsuit is filed, an injured pedestrian must prove that an automobile driver was negligent before the pedestrian can successfully recover any losses sustained.  This basically means that the pedestrian must show that the driver was at-fault for the collision.  Some examples of a driver’s negligence may include that a driver:

  • Disregarded a crosswalk;
  • Ignored a traffic signal;
  • Violated a traffic ordinance (e.g., unlawfully passed a school bus); or,
  • Was driving under the influence of drugs or alcohol.

Pedestrian Not Violating the Law

In addition to proving that a driver was negligent, a pedestrian (filing a civil lawsuit) must also show that he was not violating the law at the time of the collision.  A few Washington laws are important to consider when determining if a pedestrian was in violation of the law at the time of an accident.  Some of these laws involve:

  • Following traffic signals at intersections: Pedestrians don’t automatically have the right-of-way at intersections.  Pedestrians must follow any displayed traffic signal devices and walk only when it’s safe to do so.
  • Walking on roadways: Pedestrians must use sidewalks when one is available.  If there’s no sidewalk, pedestrians must walk facing traffic on the far left side of the shoulder.
  • Running into traffic: Drivers will not be found negligent for accidents where a pedestrian ran into traffic and failed to give a driver a reasonable amount of time to avoid an accident.
  • Crossing the street when there is no crosswalk: If no crosswalk is present to assist pedestrians in crossing the street, pedestrians must yield the right-of-way to all oncoming vehicles.

We’re here to Help

The experienced attorneys at Phillips Law Firm understand that pedestrian accidents are never easy.  The law may be difficult to understand.  Injuries translate into escalated emotions that need a friendly ear.  Questions require answers delivered with passion and dedication.

Our firm has represented numerous pedestrians that have been injured by means of negligent and careless drivers.  Our team of attorneys stands ready to answer your questions and assist in your case.  Contact us now!

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Utilizing Rear Cameras to Prevent Backover Tragedies

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According to the Insurance Institute for Highway Safety (IIHS), every year an estimated 292 people are killed and 18,000 are injured when drivers back into them. These types of accidents usually occur in driveways or parking lots, and young children and the elderly are most likely to be killed in such crashes. The risk of backing over someone is increased by the large blind zones of many vehicles, which don’t allow drivers to see objects behind the bumper, in particular, those objects, which are low to the ground. Pickup trucks and SUVs, which have the largest blind zones, are typically involved in more backover crashes than cars. According to a study conducted by IIHS, rear cameras appear to be the most promising technology available for thwarting such crashes.

The IIHS study, conducted with volunteer drivers in an empty parking lot, measured the blind zones of various vehicles in relation to different size children represented by markings on a moveable pole. Mostly, small cars were found to have the best visibility while large SUVs had the worst. Generally speaking, without the added technology, the larger the vehicle, the worse its visibility. However, with the rearview cameras, the blind zones of vehicles were reduced by about 90% on average.

How Drivers Use the Technology In a related analysis of the effectiveness of rearview cameras, drivers were not told the true purpose of the study. The drivers were told they were to evaluate a vehicle’s entertainment and information system, then after adjusting the radio and reading from a navigation screen, they were instructed to back the vehicle out of its parking spot and drive to their own vehicle. As they backed out, a foam cutout of a child-size test dummy was placed in the backing path of the vehicle.

Drivers with the rearview camera had the fewest collisions with the stationary object, but it did not prevent all collisions, even when properly used. The study found that weather and lighting conditions, such as shade, could likely affect the usefulness of cameras.

Nevertheless, the National Highway Traffic Safety Administration has indicated that rearview cameras are the only technology available that meets a congressional mandate to expand the required field of view behind a vehicle, and will be adding the cameras to the list of recommended features in its vehicle safety ratings.

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Pedestrian Hit and Killed by a Semi Truck in Woodland

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In early March a pedestrian was killed on Interstate 5 north of Woodland when a tractor-trailer crashed into him. The fatal pedestrian accident occurred early on the morning of March 3rd. Phillip Reich of Covington was driving the tractor-trailer in the right lane on I-5 when he noticed a blue Toyota Prius on the right shoulder. As he approached the Prius, he moved into the center lane. When he did so, he struck Zeus Perez of Portland, killing him instantly.

Investigators do not know why Mr. Perez was in the center lane of the highway. Yet since there were no other passengers or witnesses present, police are investigating the accident more closely. The deadly trucking accident closed I-5 North for 5 hours that day.

Pedestrians face risk every time they share the road with drivers. Motor vehicle drivers—even in the middle of the day, do not always recognize joggers and other pedestrians in the road. In the night, however, the risks of being injured in a pedestrian accident increase significantly. According to the National Highway Traffic Safety Administration, pedestrians were more likely to be killed in crashes during the hours of 3 a.m. and 6 a.m.

Tips for Avoiding a Pedestrian Accident

Before you head out on the road, consider using these tips to stay safe and avoid deadly pedestrian accidents:

  • Wear bright and reflective clothing
  • Do not listen to headphones
  • Do not talk or text on cellphone
  • Keep your eyes on the road and on your surroundings
  • Walk on sidewalks whenever possible
  • Look both ways when crossing streets and intersections
  • Never assume other drivers see you
  • Walk with a buddy
  • Walk facing traffic so you can react quickly to reckless drivers
  • Wait for walk signals and cross at crosswalks

If you or someone you love is injured or killed in a pedestrian accident, it is important to know that you have legal rights. An experienced attorney can help you recover the damages you need after an accident. Pedestrian injuries are often severe and life changing. They often result in permanent disability or chronic pain. As a result, you need a lawyer on your side that understands the long-term complications that can arise.

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Seattle Mother and Baby Hit by Drunk Driver are Steadily Recovering

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Last year a horrific pedestrian DUI accident occurred in Seattle. Karina Schulte and her 10-day-old son were crossing the street in Seattle’s Wedgewood neighborhood last March with her parents when a repeat drunk driver plowed through the family. Karina’s parents were killed and Karina and her son Elias were critically injured. For the last year, the mother and son have been slowly recovering, but the road to recovery after a DUI accident is a marathon.

Karina has only been home for a few months, but she is slowly gaining strength. She is able to perform some of her daily living activities and walking and talking almost like she did before the accident. She still has permanent damage to her left side, but she has made remarkable progress, her husband Dan related in a blog post.

Their son, Elias, was only 10 days old when repeat drunk driver Mark Mullan crashed into his family. Since then, he has recovered well and is developing fairly normally with assistance from regular therapists. He does have severe vision problems that resulted from the trauma to his brain after the DUI accident. His recovery, although remarkable, is far from over, however. Elias is scheduled to undergo another surgery this month at Seattle Children’s Hospital to repair the membrane between his skull and brain.

Last November, Mark Mullan was sentenced to 18 years in prison for his crime.

Drunk driving accidents are often catastrophic—and made even more tragic by the realization that they should not have occurred at all. The decision to drive intoxicated can have devastating and far-reaching consequences to everyone involved. Drunk drivers should be held accountable for their negligence and the injuries they have caused.

At Phillips Law Firm, our lawyers believe in holding irresponsible and negligent drunk drivers accountable and we won’t back down. We will fight aggressively to ensure that you and your family have the compensation you need to fully recover and put your life back together. We believe in ‘Justice for You’.

Contact Seattle Car Accident Attorneys

If a drunk driver injures you or someone you love, an experienced Seattle car 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. 

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Establishing Fault after a Pedestrian Accident

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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.

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

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.

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