Walking serves as an alternative means of transportation for Washington residents who do not drive. Unfortunately, pedestrians are often at risk of sustaining serious injuries when involved in an accident with a vehicle. According to the Washington Traffic Safety Commission, there were 2,351 serious injuries and 474 fatalities to walkers and bicyclists in Washington State between 2013 and 2017.
If you or a loved one were hurt in a pedestrian accident caused by someone else’s negligence or carelessness, you may be entitled to pursue fair compensation. For over 30 years, Attorney Scott Terry has been providing comprehensive legal guidance, support, and compassionate representation to clients in their pedestrian accident cases. As an experienced Washington State personal injury attorney, he can review and investigate all of the facts of your personal situation, fight diligently to protect your legal rights, and help seek rightful compensation for your injuries, damages, pain and suffering, or loss.
Attorney Scott Terry proudly represents pedestrian accident victims in Sumner, Washington, and throughout the surrounding areas of Puyallup, Bonney Lake, Orting, as well as King, Pierce, and Thurston counties.
Pursue Fair Compensation
Determining Liability in a Pedestrian Accident
Determining the at-fault party is an important requirement to seek compensation following a pedestrian accident in Washington State. In order to recover damages for your injuries, you need to prove fault or show the following elements:
- The at-fault driver owed you a legal duty of care.
- The at-fault driver breached the expected duty of care because they were negligent.
- The driver’s negligent or careless actions caused your injuries.
- You suffered actual harm, bodily injuries, or someone died as a result of the accident.
Under Washington’s pedestrian laws, walkers have the following rights and duties:
- Pedestrians must obey traffic signals and traffic control devices unless otherwise directed by a traffic or police officer.
- Pedestrians must use sidewalks when they are available.
- No pedestrian or bicycle shall suddenly leave a curb and move into traffic.
- Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield to the right of way to all vehicles upon the roadway.
Here are some responsibilities of drivers in Washington State:
- Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway.
- Every driver of a vehicle shall give a warning to a pedestrian by sounding the horn when necessary.
- Drivers shall stop at intersections to allow pedestrians and bicycles to cross the road within a marked or unmarked crosswalk.
Washington is an “at-fault” state. This means that the driver responsible for the accident (at-fault party) will hold financial liability for medical expenses, damages, and other losses suffered by the pedestrian or injured victims. To recover damages, you can:
- File a claim with your own insurance company.
- File a third-party claim against the at-fault party’s insurance provider.
- File a personal injury lawsuit against the at-fault party in civil court.
Pure Comparative Fault State
Washington operates using the “pure comparative negligence” rule. According to the Revised Code of Washington Section 4.22.005, a claimant’s contribution to their injuries or accident will diminish the amount of compensation that may be recovered by their percentage of fault. However, this doesn’t bar their ability to recover damages.
For example, if the court awarded an injury settlement of $20,000 against the at-fault party, but the judge found that you were 15% responsible for your injuries, your compensation will be reduced by $3,000. Hence, you will only be allowed to recover $17,000. However, Under Washington State’s pure comparative negligence laws, accident victims can still recover damages for their injuries even if they were 99% responsible for the pedestrian accident.
Statute of Limitations
According to the Revised Code of Washington Section 4.16.080, an action for injury to the person or rights of another, or injury to personal property, shall be commenced within three years of the accident occurring. Likewise, a wrongful death claim in Washington must be filed within three years of the date of the victim’s death (Revised Code of Washington Section 4.16.080(2)).
The following damages may be recovered by the pedestrian accident victim:
- Medical expenses, including future medical treatment
- Lost income and other benefits
- Reduced earning capacity
- Compensation for physical pain and suffering
- Loss of normal life
- Emotional distress and mental anguish
- Wrongful death damages, where applicable
Trust a Skilled Attorney
Attorney Scott Terry has the necessary resources and experience to help you hold the parties responsible for your injuries accountable. He will evaluate and investigate every last detail of your case and seek to prove fault and establish liability. Using his knowledge of the laws addressing liability in personal injury claims, Attorney Scott Terry can help guide you through the often complex legal proceedings. He can offer you the experienced legal counsel and compassionate representation you need to pursue fair compensation.
Pedestrian Accident Attorney Serving Sumner, Washington
If you or someone close to you were injured in a negligent pedestrian accident, you may seek damages. Contact Terry Law Firm, P.S. today to schedule a simple case assessment. Attorney Scott Terry can fight vigorously to protect your rights and help recover deserved compensation for your injuries or loss. The firm is proud to serve clients in Sumner, Puyallup, Bonney Lake, Orting, as well as King, Pierce, and Thurston counties, Washington.