If You Were Walking and a Car Hit and Hurt You, Our Attorneys Can Help
What should I do immediately after being hit by a car in Washington?
Your safety and medical needs come first. If you’re able, move out of active traffic and call 911. Don’t move someone if they’re seriously injured unless there’s an immediate danger, like fire or another approaching vehicle.
After help is on the way, try to preserve basic information:
- Get the driver’s name, contact information, license plate number, and insurance details.
- If it’s safe to do so, photograph the vehicle, intersection, crosswalk, traffic signals, skid marks, weather, lighting, and visible injuries.
- Ask witnesses for their names and phone numbers.
- Obtain the police report and incident number.
- Keep damaged clothing, shoes, bags, or personal items.
- Seek medical care even if you initially believe you’re fine.
Concussion symptoms, internal injuries, and some spinal cord injuries may not be obvious at the scene. Seeing a medical provider as soon as possible after a pedestrian accident helps to ensure anything that was missed by EMTs is diagnosed.
Some of these things, like photographs, can help with your pedestrian accident claim, but may be difficult to obtain on the scene if you’re seriously injured. At Fuller & Fuller, our Washington pedestrian accident lawyers move quickly to preserve and obtain the evidence necessary to support your claim. This enables us to strengthen your case regardless of the steps you were able to take on the scene of your accident.
Do pedestrians always have the right-of-way in Washington?
No. Pedestrians have important protections, but they don’t have unlimited right-of-way in every situation.
Washington pedestrians are required to obey traffic laws. For example, a person crossing outside of a marked or unmarked crosswalk at an intersection ordinarily needs to yield to vehicles already in the roadway. Similarly, pedestrians shouldn’t suddenly leave a curb or sidewalk to enter the path of a vehicle that is too close to stop.
At the same time, drivers have a duty to exercise caution at all times. Right-of-way rules don’t eliminate anyone’s responsibility to act carefully. This is especially true in conditions with mixed traffic, such as pedestrians, bicyclists, delivery drivers, commuters, and commercial vehicles. But even on less trafficked streets, a driver can’t ignore a pedestrian simply because they weren’t following Washington’s pedestrian laws.
At Fuller & Fuller, our Olympia pedestrian accident lawyers carefully investigate the details of these events to determine how they happened. We are accident and injury specialists, and we have spent more than 50 years standing up for injured pedestrians.
Do drivers have to stop at unmarked crosswalks in Washington?
Yes. With very few exceptions, all roadway intersections in Washington are pedestrian crosswalks. This means even those without painted lines count as legal pedestrian crossings.
Exceptions to this include:
- Intersections with signs specifically prohibiting crossing.
- Intersections with overhead or underground crossings.
However, the burden of safety doesn’t rest solely on the person walking. Under RCW 46.61.235, an approaching driver must stop and remain stopped for pedestrians crossing at legal crosswalks, even those without painted markings. It also bars drivers behind a stopped vehicle from passing on either side.
The Tacoma pedestrian accident lawyers at Fuller & Fuller can look at traffic patterns, sightlines, vehicle movements, and other pieces of evidence to help determine who can be held liable. We build claims from the facts so we can fight for the full compensation you deserve.
Can I recover compensation if I was partly at fault for a pedestrian accident?
Yes. In Washington, an injured pedestrian who contributed to their own accident can still collect compensation. It will, however, be reduced to your percentage of fault.
But were you actually partially at fault?
Allegations don’t settle a claim. A driver may claim you crossed illegally, were looking at your phone, entered the road too quickly, or were intoxicated at the time of the collision. Phone records, surveillance video, witness statements, vehicle damage, signal timing, and accident reconstruction might tell a very different story. That story deserves to be heard.
At Fuller & Fuller, our Olympia pedestrian accident attorneys investigate the complete accident. We work with specialists in fields like accident reconstruction to help ensure you aren’t saddled with more responsibility than is accurate and fair.
Who pays my medical bills after a pedestrian accident in Washington?
Several sources may pay bills at different stages of a pedestrian accident claim. Potential sources of payment include:
- Personal Injury Protection (PIP) coverage connected with the involved vehicle
- Another applicable PIP plan
- Your health insurance
- The at-fault driver’s liability coverage
- Uninsured or underinsured motorist coverage
- A final settlement or court award
PIP is optional in Washington, although auto insurers are required to offer it. It can pay covered medical expenses regardless of who caused the collision. It might also cover lost wages, replacement services, and funeral expenses, subject to the policy’s terms and limits.
A driver’s liability insurance generally won’t pay every medical bill as it arrives. Instead, the injury claim may be resolved after treatment and the full effects of the injury become clear. This can create financial pressure while bills and lost income pile up. Having an attorney who works on a contingency fee basis helps by waiving attorney fees until after your case is resolved.
The Tacoma pedestrian accident attorneys at Fuller & Fuller have extensive experience identifying sources of compensation for our clients. Our team can help you manage bills, identify available coverage, document future needs, and pursue compensation for the full harm caused by your accident.
What happens if the driver who hit me fled or didn’t have insurance?
A hit-and-run or uninsured driver accident doesn’t necessarily leave you without options. But it can make it more difficult to seek full compensation.
You can help to protect yourself by calling 911 immediately and providing everything you remember about the vehicle: color, make, model, direction of travel, visible damage, plate number, or even partial number. With evidence like witness statements, other drivers’ dashcams, and business, doorbell, traffic, and surveillance cameras, the driver responsible for your injury may be located. In these instances, you may be able to hold them directly liable for your damages.
Uninsured or underinsured motorist coverage might help pay for injuries caused by an uninsured driver or a hit-and-run driver. Whether coverage applies depends on who qualifies as an insured person and on the policy’s language.
PIP or health insurance may also help with early medical expenses. All auto policies belonging to you and potentially applicable household members should be reviewed as well.
These cases demand careful work. This is what the Washington pedestrian accident attorneys at Fuller & Fuller offer. We can investigate the accident, work to preserve evidence, and pursue every possible source of compensation.
When you cross the road, you expect to be able to get to the other side safely. Unfortunately, many people suffer serious and sometimes fatal injuries each year in pedestrian accidents. In many of these cases, the driver of the vehicle is at fault for the accident.
If you have been injured in a pedestrian accident that wasn’t your fault, you may be entitled to compensation for the damages you have incurred. To secure compensation, it is important to contact an experienced personal injury lawyer.
The law firm of Fuller & Fuller has been serving clients in Olympia and communities throughout Washington for over 45 years. We are a family of attorneys with extensive experience in car accident claims involving pedestrians.
See what clients of Fuller & Fuller have to say about their experience.
Please call (800) 570-4878 today for an initial review of your pedestrian accident case. Our family of attorneys is ready to serve you.
Causes of Pedestrian Accidents
Most people recognize the dangers of walking when cars are nearby. As a pedestrian, you know to look both ways, wait for the walk signal, and take other precautions before you step out into the road.
However, most pedestrian accidents don’t happen because the person on foot is careless. In many instances, pedestrians are struck by a vehicle because of the negligence of the motorist.
As in any car accident case, carelessness behind the wheel can take many different forms:
- Failure to check intersections for pedestrians when traveling straight
- Failure to watch for pedestrians when executing a turn
- Distracted driving
- Speeding
- Drunk driving
- Driving too close to the curb or drifting onto the shoulder of the road
- Disregarding stop signs, yield signs, and red lights
Drivers have a responsibility to operate their vehicles safely. When they fail to do so and a pedestrian or another motorist is injured, the at-fault driver is liable for damages.
Pedestrian Injuries & Fatalities on the Rise in Washington
The Washington State Department of Transportation (WSDOT) releases annual reports on serious injuries and deaths in traffic accidents. According to the latest WSDOT data, fatal pedestrian accidents and accidents involving serious injury to pedestrians grew over a five-year period.
Pedestrian serious injury accidents grew by 30%, while pedestrian fatalities jumped 42%.
Where Do Pedestrian Accidents Occur?
The majority of pedestrian accidents happen at intersections. Other common locations of vehicle-pedestrian accidents include:
- The side of the road
- Along curbs, particularly in situations with street parking where drivers and occupants exit the car into traffic
- Parking lots
Considering the slow speeds involved, the potential for serious injury in parking lot accidents may seem minimal compared to accidents that occur at intersections and in crosswalks. However, vehicles pulling out of a parking space can knock pedestrians to the ground and drive over the top of them, causing significant trauma.
Common Injuries in Pedestrian Accidents
The difference in size between a motor vehicle and a pedestrian makes the probability of injury very high in the event of a collision. This is not a fair fight!
Pedestrian accidents can result in a number of serious injuries, with some of the most common including:
- Broken bones
- Brain injuries
- Trauma to the neck and back
- Soft tissue damage
- Spinal cord injury
- Cuts, lacerations, and road rash
- Internal bleeding
- Damage to internal organs
Many of these injuries require emergency treatment, surgery, and rehabilitation. Some may result in lifelong disability or impairment. And, depending on the nature of the injuries and how severe they are, the trauma in a pedestrian accident may be fatal.
Compensation in Pedestrian Accident Claims
Due to the severity of injuries often seen in pedestrian accidents, the costs associated with these collisions are often quite high. If a careless driver or another negligent party is at fault for the accident, you are entitled to compensation for all of your economic and noneconomic losses.
The amount of compensation you are owed will depend on the losses you sustain. No two cases are exactly alike, which is why it is so important to contact a pedestrian accident attorney for a review of your claim. Generally, recoverable damages in these cases include:
- Medical expenses
- Lost income, including compensation for sick days and vacation time you used to recover from the accident
- Out-of-pocket costs for medications, travel to and from doctor appointments, crutches, canes, wheelchairs, and more
- Pain and suffering
- Permanent disability
- Emotional distress
- Permanent scarring and disfigurement
During the course of preparing your claim, the pedestrian accident lawyers at Fuller & Fuller will evaluate the total costs you and your family have incurred. We will pursue this amount on your behalf.
Pedestrian Accidents and Wrongful Death
In cases where the victim dies from injuries sustained in a pedestrian accident, our attorneys can file a wrongful death lawsuit on behalf of you and your family. The death of a loved one is a traumatic experience, and our family of lawyers is here to support you.
In wrongful death claims arising from fatal car accidents, compensation may be recovered for damages such as:
- Lost income and benefits
- Funeral costs
- Medical bills for treatment and palliative care before your loved one passed
- Loss of society, companionship, and consortium
- Destruction of the relationship between parent and child
- Your loved one’s pain and suffering
How Fuller & Fuller Can Help with Your Pedestrian Accident Case
As a family of lawyers dedicated to helping your family, Fuller & Fuller provides guidance through every step of your case. We make it our priority to earn your trust and provide you with the full support you need.
Some of the ways our firm will assist you include:
Prompt Investigation of the Accident
Time is of the essence in any vehicle accident case. Delays can mean the loss of crucial evidence and witness testimony. Furthermore, the at-fault driver’s insurance company will immediately start documenting the crash site in anticipation of an injury claim.
When you hire Fuller & Fuller, our attorneys go to work on your behalf right away. Our team will perform a thorough investigation that can include:
- Assessing the scene of the accident, including factors such as visibility, traffic patterns, weather conditions, and more
- Taking photos of the scene, including the layout of the road or intersection, skidmarks, and debris
- Obtaining and reviewing a copy of the police report; the report includes key details about the accident and information on the parties involved, as well as witness statements, the officer’s opinions on who was at fault, and more
- Interviewing witnesses to the crash; eyewitnesses may be identified through the police report or uncovered through other means
- Reviewing your medical records and other records that show damages from the accident
Part of preparing your case will likely include finding experts who can assist with accident reconstruction and other aspects of the investigation. Fuller & Fuller has the resources to enlist appropriate experts on your behalf.
Getting Bills Paid
We know that the bills after any serious injury can seem relentless. Our staff includes a team member who helps you manage your bills, with the goal that each one gets paid on time.
Calculating Damages
Accident victims who try to resolve the case on their own may discover that the settlement offered by the insurance company is often lower than their current monetary damages, to say nothing of anticipated future expenses and noneconomic losses. Even if a proposed settlement seems satisfactory, it likely doesn’t take into account the full measure of compensation you are owed.
Partnering with an experienced pedestrian accident lawyer ensures that all of your damages are accounted for when you file a claim. Our attorneys draw on decades of experience in personal injury and wrongful death claims to ensure that your demand encompasses all of the costs supported by the evidence in your case.
Representing You
It will come as no surprise that the insurance company for the negligent driver may attempt to place some or all of the blame on you for the accident. After all, if they are successful, the company has to pay out less or even nothing at all.
Our pedestrian accident lawyers anticipate this strategy and take every step to preserve your right to compensation. We advocate for your best interest in communications and negotiations with the insurance company. Our goal is to secure a settlement agreement that meets your needs.
Contact a Pedestrian Accident Lawyer in Olympia Today
For more than 45 years, our law firm has been advocating on behalf of people who have been injured in motor vehicle accidents. Our family of attorneys builds connections with clients to ensure that their legal needs are met and they have the support they need.
If you or a loved one has been injured or you lost a family member in a pedestrian accident, please call Fuller & Fuller at (800) 570-4878 today. Our pedestrian accident lawyers serve clients in Olympia, Tacoma, and other areas of Washington.
