Washington Pedestrian Accident Lawyer for Serious Injury Claims

Can You Recover Compensation If You Were Partly at Fault?

Yes. In Washington, you may still recover compensation even if you were partly at fault for the pedestrian accident. Your compensation may be reduced by your percentage of fault, but partial fault does not automatically stop your claim.

Washington follows a pure comparative fault rule under RCW 4.22.005. This rule is important in pedestrian accident claims because insurance companies often try to assign blame to the injured person.

For example, if your damages are valued at $300,000 and an insurer says you were 20% at fault, the insurer may try to reduce the value by $60,000. That is why fault matters so much. Even a small change in the percentage can make a major difference.

A Washington pedestrian accident attorney can push back by reviewing:

• The driver’s speed
• Whether the driver was distracted
• Traffic signal timing
• Crosswalk markings
• Roadway lighting
• Witness statements
• Surveillance footage
• Police diagrams
• Vehicle damage
• The driver’s statements
• Phone records, when available

Insurance companies know pedestrian claims can be expensive. One way they try to lower the value is by increasing the pedestrian’s share of fault. Strong Law works to prevent unfair blame from reducing your recovery.

What Evidence Matters in a Pedestrian Accident Claim?

Strong evidence can make the difference between a denied claim and a fair result. Evidence can disappear quickly after a pedestrian crash, so it is important to act early.

Useful evidence may include:

• Police crash reports
• 911 call records
• Witness names and phone numbers
• Photos of the crosswalk, roadway, vehicle, and injuries
• Traffic camera footage
• Nearby business surveillance video
• Dashcam or doorbell camera footage
• Vehicle damage photos
• Cell phone records
• Medical records
• Ambulance and emergency room records
• Orthopedic, brain injury, spine, or rehabilitation records
• Lost wage documentation
• Expert analysis of vehicle speed, sightlines, or impact forces

For serious cases, Strong Law may also look at whether an accident reconstruction expert, medical expert, work-loss expert, or life-care planner is needed. These experts can help explain how the crash happened and how the injuries will affect your future.

The earlier an attorney gets involved, the easier it is to preserve evidence before it is lost.

What Injuries Are Common After a Pedestrian Accident?

Pedestrian injuries are often severe because the body takes the full force of the vehicle impact. The person may also hit the pavement, another vehicle, or a fixed object.

Common pedestrian accident injuries include:

• Broken legs, arms, hips, ribs, wrists, and ankles
• Knee, shoulder, and back injuries
• Traumatic brain injuries
• Concussions
• Spinal cord injuries
• Neck injuries
• Internal bleeding
• Organ damage
• Road rash and deep skin injuries
• Facial injuries and dental trauma
• Amputations
• Scarring and disfigurement
• Chronic pain
• Anxiety, depression, and trauma after the crash

Some symptoms appear right away. Others appear days later. Brain injury symptoms, nerve pain, soft tissue injuries, and emotional trauma can become more obvious over time.

That is why medical care matters. Insurance companies often use gaps in treatment to argue that the crash did not cause the injury or that the injury is not serious. If you are in pain, keep following medical advice and tell your doctors about every symptom.

For severe injuries, Strong Law may also connect the case to related claims, such as a Washington brain injury claim or a Washington catastrophic injury claim.

What Compensation Can You Recover After a Washington Pedestrian Accident?

A Washington injury compensation lawyer can help identify every category of loss tied to the pedestrian crash. Compensation in a pedestrian accident case is called damages. Damages should account for what the crash has already cost you and what it may cost you in the future.

Pedestrian accident damages may include economic and non-economic losses.

Economic damages are financial losses, such as:

• Ambulance bills
• Emergency room care
• Hospital stays
• Surgery
• Physical therapy
• Medical equipment
• Prescription costs
• Future medical care
• Lost wages
• Lost earning ability
• Home changes needed because of the injury
• Transportation to medical appointments

Non-economic damages are personal losses, such as:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of mobility
• Scarring
• Disfigurement
• Anxiety around traffic or walking
• Loss of independence

In fatal pedestrian crashes, the family may have a Washington wrongful death claim. These cases may involve funeral costs, loss of financial support, loss of companionship, and other damages allowed under Washington law.

A fair settlement should not be based only on today’s bills. It should consider future treatment, work limits, long-term pain, and the effect the injury has on daily life.

Should You Talk to the Insurance Adjuster?

You should use caution before giving a recorded statement or accepting a settlement offer from the driver’s insurance company. The adjuster may sound helpful, but the insurance company is not neutral.

After a pedestrian crash, an insurance adjuster may call quickly. They may ask you to explain where you were walking, what you saw, what you were wearing, whether you were looking at your phone, or whether you feel better.

Your answers can be used later to argue that you admitted fault, changed your story, or made your injuries sound minor.

You should also be careful with early settlement offers. Some injuries take weeks or months to fully understand. If you settle too early, you may give up the right to ask for more money later, even if you need surgery or long-term care.

Before speaking with the driver’s insurer or signing anything, talk with a Washington pedestrian accident lawyer.

What If the Driver Has No Insurance?

Some pedestrian accident claims involve uninsured drivers, hit-and-run drivers, or drivers who do not have enough insurance to cover the damage they caused.

In that situation, your own auto insurance may matter, even though you were walking. Washington law addresses underinsured motorist coverage in RCW 48.22.030. This type of coverage may help when the at-fault driver has no insurance, not enough insurance, or leaves the scene.

These claims can be confusing because you may have to deal with your own insurance company. Your own insurer may still dispute fault, injuries, medical bills, or the amount of damages.

Strong Law can review possible insurance sources, including:

• The driver’s bodily injury coverage
• Your own uninsured or underinsured motorist coverage
• Household insurance policies
• Commercial insurance, if a business vehicle was involved
• Rideshare or delivery app coverage
• Government or property-related claims, when road design or property issues contributed

Do not assume there is no case just because the driver has little or no insurance.

How Long Do You Have to File a Pedestrian Accident Claim in Washington?

In most Washington personal injury cases, the deadline to file a lawsuit is three years from the date of the injury under RCW 4.16.080.

That does not mean you should wait three years. Waiting can make the case harder to prove. Video may be erased. Witnesses may move or forget details. Physical evidence can disappear. Medical records can become harder to connect to the crash if there are long gaps in care.

Some claims may also have shorter notice rules. This can happen when a government entity may be involved. Unsafe road design, broken signals, missing signs, poor lighting, or unsafe public property may create special claim issues.

The safest move is to get legal advice as soon as you can after the crash.