- Dangers and Realities
In 2017, one pedestrian died every 88 minutes in the U.S., according to the Centers for Disease Control. In Washington, an average of 83 pedestrians die every year over the past decade. Pedestrians do not fare well when struck by a vehicle.
The survival rate drops from 95% when a vehicle is going 20mph to just 5% at 40mph. Your injuries could range from scuffed hands and knees, to ambulance transport to a critical care unit. There is also a frightening possibility of long-term damage such as brain injury, ongoing pain, or loss of ability to work. In some tragic cases there is loss of life. Liability, though, in a vehicle-pedestrian accident is not always clear-cut.
Oncoming vehicles always have a duty to avoid hitting people, no matter where they see someone in the roadway. That much is clear under the law. If a driver is distracted and hits a pedestrian, you’d think it would automatically be their fault; This isn’t always the case.
The RCW requires all drivers to stop at marked or unmarked crosswalks within one lane of a pedestrian. But pedestrians have rules too; they may not suddenly run out into traffic, even at a crosswalk. Since Washington is a comparative fault state, every person’s action must be considered when assigning fault.
Washingtonians do not always view of pedestrians favorably. The driver that hit you might claim they had the light, or that you were looking at your phone. In King County, pedestrians on cell phones always share partial blame. There may be no cameras that caught footage of the accident. Witnesses might tell differing stories about what happened.
If you are physically capable of speaking to any officer who arrives at the scene, give your side of the story, especially if you are cited as being at fault for the accident. It is highly likely there will be an investigation; Consult an experienced Bellevue Injury Lawyer as soon as you can.
We at R Martin Law Group have a great deal of experience in disputed liability cases involving car and pedestrian. We know that when you have been hit by a car, you do not want to worry about the legalities of your case. Your Bellevue Injury Lawyer is the one who will talk to insurance, get statements from every witness, and investigate every angle to find video recordings of the accident. If the offending driver’s insurance denies liability, you’ll want a good trial lawyer handling your case as it goes to litigation. You want an experienced Bellevue Injury Lawyer who knows how to advocate for you.
The statute of limitations in Washington is three years for most auto accidents, even where a pedestrian is hit. That period applies no matter the severity of your injuries. In the event of a fatality, that is also the period during which your family can file a wrongful death claim. Do not to wait three years to file for litigation; these deadlines cannot be changed.
When you get hit by a car, the impact on your life can be catastrophic. There is a chance you might never remember the accident happening, and dealing with the consequences as you try to handle your own case can be intimidating. R Martin Law Group has helped many people with settlements, including bringing over 20 trials to verdict for our clients. If you are a pedestrian hit by a car, and there is any dispute about at fault, please call us immediately. Even if the offending driver admits fault, you will need a strong advocate to receive a just award. You do not have to deal with this alone; R Martin Law Group/ Bellevue Injury Lawyer.com is here to help pedestrians.