Spokane Pedestrian Accident Attorney
A pedestrian has no protection against a car, truck, bus, or motorcycle. They are at the mercy of a driver who is not paying attention to the road. Injuries can be very severe and require extensive medical treatment. If you have been injured as a pedestrian, you must act quickly to protect your rights and gather the essential evidence.
What Constitutes Negligence in a Pedestrian Accident?
Generally, negligence is established by showing that a driver of a vehicle owes a duty to use reasonable care when driving a vehicle. If a driver violates this duty and drives distracted, fatigued, unreasonably, violates traffic laws, or otherwise uses inadequate care and harms or injures a person or property, they can be found negligent.
Who has the right-of-way when crossing the street?
The law is pretty clear that pedestrians usually have the right of way when crossing the street at intersections. Here are 2 exceptions:
- Per Washington State RCW 46.61.235 (2) No pedestrian or bicycle shall 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.
- Per Washington State RCW 46.61.060 (2) Steady or flashing DON’T WALK or hand symbol—Pedestrians facing such signal shall not enter the roadway. Vehicle operators shall stop for pedestrians who have begun to cross the roadway before the display of either signal as required by RCW 46.61.235
What’s the difference between a marked and unmarked crosswalk?
In the State of Washington, marked and unmarked crosswalks are treated the same. Per Washington State RCW 46.61.235 the operator of an approaching vehicle by law shall stop and remain stopped to allow a pedestrian or bicycle to cross the roadway within an unmarked or marked crosswalk.
Are Drivers Held Liable if the Pedestrian was Outside the Crosswalk?
As long as the pedestrian is at an intersection they have the right of way. A pedestrian does not specifically have to be within the lines of a crosswalk. Per Washington State RCW 46.61.240 the vehicle has the right of way unless a person is crossing the roadway at an intersection.
Can Drivers be Held Liable if the Pedestrian was jaywalking?
The driver of the vehicle would have a good defense to argue if the person was jaywalking but if they saw the pedestrian and could have stopped their vehicle and didn’t and hit them then they may have some comparable fault. This situation should be discussed with an attorney to look closely at the facts of the case to determine possible liability for the accident.
What Do I Do If the Driver Flees the Scene of the Accident?
In this day and age hit and run accidents are often caught on business/intersection/dash/bus or other surveillance camera footage. So there’s a chance someone may have the accident on tape. In some cases of hit and run accidents, your injuries may be covered by your own insurance policy. A lawyer may have a private investigator look into all avenues of finding the responsible party before filing a claim with your insurance company.
Steps You Should Take If You’ve been in a Pedestrian Accident
If you’ve been injured in a pedestrian accident it’s important to follow some basic steps in the minutes and days following the incident. To learn more about the steps below read 10 Steps You Should Take After an Automobile Accident.
- Check yourself for Injuries
- Document your experience and gather evidence
- Track Expenses
- Notify your insurer and start the claims process
- Contact a personal injury attorney
Insurance Companies Are Not on Your Side
Be careful what you say when filing an insurance claim, even if you’re speaking to your insurance company. Insurance companies are not on your side and will look for any opportunity to devalue or deny your claim. The very people who are insuring you and who agree to pay you in the event of an accident are also the people who review your claim to see if you have grounds to recover compensation. It’s always best to have very limited conversations with the insurance company and let your attorney discuss any issues with them for you—that way you’ll be protected.
To learn more about insurance companies read our article 8 Things You Should Know About Insurance Companies.
Personal Injury Pedestrian Accident Attorney Robert Hahn Can Help
Don’t let someone else’s negligence create a lasting financial burden for you and your family. For legal guidance and representation through each step of your claims’ settlement call Spokane’s Personal Injury Attorney Robert Hahn at (509)921-9500 or submit our free no-obligation consultation form. Robert can answer any questions you may have about your legal rights after a pedestrian accident in the Spokane metro area. Allow us to review your case and work with you to recover maximum compensation for your injuries.