A pedestrian accident can turn your life upside down in seconds. One moment you’re crossing the street, the next you’re facing catastrophic injuries, mounting medical bills, and an insurance company that seems more interested in protecting their bottom line than your recovery. When you’re lying in a hospital bed wondering how you’ll pay for treatment or get back to work, the last thing you need is a legal battle.
That’s where we come in. At Herschensohn Law, we’ve spent over 20 years fighting for pedestrian accident victims across Washington State. We know these cases inside and out. We know how insurance companies operate, what your claim is really worth, and how to make them pay.
Why Choose Herschensohn Law
Proven Track Record in Federal Way
We don’t just talk about results—we deliver them. Our firm secured a $2,700,000 verdict for a woman with a permanent back injury from an auto accident, with the jury award consisting solely of pain and suffering damages. We’ve also obtained $512,000 for herniated disc injuries and $564,000 for back injury cases. When pedestrians face off against multi-ton vehicles, the injuries are often severe, and the compensation needs to match.
Deep Understanding of Washington Pedestrian Laws
Washington’s pedestrian laws are complex. We know RCW 46.61.261 inside and out—the statute that requires drivers to yield to pedestrians in crosswalks. We understand how comparative fault works in Washington and how to protect you from insurance companies trying to blame you for your own injuries.
No Upfront Costs
You pay nothing unless we win your case. Zero. We work on contingency, which means we only get paid when you get paid. You’re already dealing with medical bills and lost wages—you shouldn’t have to worry about attorney fees on top of that.
24/7 Live Call Answering
When you need us, we’re here. A real person will answer—not a voicemail system. We understand that questions and concerns don’t wait for business hours.
⭐⭐⭐⭐⭐ “Zach has been extremely helpful in my case, we were in a car accident in an Uber and he has given me so much direction and hope. He’s very professional and experienced and I have faith that he is the right way to go especially to get a fair settlement and get all the medical bills covered.” – Ashly Halverson
Understanding Pedestrian Accidents in Federal Way
Federal Way sees far too many pedestrian accidents. The city’s population of 102,000 moves through some of Washington’s busiest corridors every single day. According to federal statistics, pedestrian fatalities in Washington increased by 32% between 2018 and 2022—from 103 deaths to 136. That’s not just numbers. That’s people. Neighbors. Family members.
Washington ranks among the top 15 states for pedestrian fatalities, with nearly 75% of deadly accidents occurring in urban areas like Federal Way. Nighttime collisions are especially deadly due to reduced visibility.
Federal Way’s Most Dangerous Locations for Pedestrians
Pacific Highway South (SR-99)
Pacific Highway South is Federal Way’s deadliest road. Between 2017 and 2019, there were six fatal accidents between 16th Avenue South and S. 263rd Street—averaging one fatal accident every 1.2 miles. High speeds and heavy traffic make this corridor especially hazardous for people on foot.
- 320th Street and Pacific Highway South
This intersection is so dangerous that Federal Way installed red-light cameras here. Multiple fatal collisions have occurred at this location, including wrong-way driver crashes. The intersection handles enormous traffic volumes daily, making it a high-risk zone for pedestrians.
- 348th Street and Enchanted Parkway
Another location where red-light cameras were installed due to the frequency of accidents. The city recognized this as one of its busiest and most dangerous intersections for all road users, including pedestrians.
Interstate 5 Exits and Overpasses
I-5 runs directly through Federal Way, and the exits and overpasses see heavy pedestrian traffic from people accessing public transit. These areas combine high-speed traffic with inadequate pedestrian infrastructure.
South Federal Way Park and Ride Area
Near St. Francis Hospital, this area sees significant foot traffic from transit users. The combination of buses, cars, and pedestrians creates multiple conflict points where accidents occur.
Types of Pedestrian Accidents We Handle
Crosswalk Accidents
Drivers failing to yield at marked or unmarked crosswalks cause devastating injuries. Washington law requires drivers to stop for pedestrians in crosswalks, but too many drivers ignore this basic duty. We’ve handled numerous cases where drivers claimed they “didn’t see” the pedestrian—even in broad daylight.
Intersection Collisions
Nearly 50% of all traffic injuries occur at or near intersections. Turning vehicles, red-light runners, and distracted drivers create deadly conditions for pedestrians. Federal Way’s busiest intersections see these accidents regularly.
Parking Lot Accidents
Shopping centers and parking lots may seem safer, but they’re not. Drivers backing out of spaces, cutting through lots to avoid traffic signals, and speeding through parking areas hit pedestrians every day. These cases can be complex because multiple property owners and businesses may share liability.
Hit-and-Run Accidents
Some drivers panic and flee after hitting a pedestrian. These cases require immediate investigation to identify the driver before evidence disappears. We work with law enforcement and use private investigators when necessary to track down hit-and-run drivers.
Drunk Driver Accidents
Drunk drivers kill and injure pedestrians at alarming rates. These cases may involve punitive damages because the driver’s conduct was so egregious.
Distracted Driver Accidents
A driver looking at their phone doesn’t see the person in the crosswalk. Distracted driving has become an epidemic, and pedestrians pay the price. Cell phone records and other evidence strengthens accident claims by proving exactly what the driver was doing at the moment of impact.
Common Injuries in Pedestrian Accidents
Traumatic Brain Injuries (TBI)
When a pedestrian’s head strikes the pavement or vehicle, the results can be catastrophic. TBIs range from concussions to severe brain damage requiring lifetime care. Insurance companies try to minimize these injuries, claiming they’re not as serious as they are. We work with neurologists and brain injury specialists to document the full extent of your cognitive impairment, memory loss, and personality changes.
Spinal Cord Injuries
The force of impact can fracture vertebrae and damage the spinal cord, leading to partial or complete paralysis. These injuries require immediate surgery, extensive rehabilitation, and often permanent assistive devices. The lifetime costs can exceed millions of dollars, and insurance companies know this—which is why they fight so hard to deny or undervalue these claims.
Broken Bones and Fractures
Pedestrians often suffer multiple fractures—femurs, hips, pelvises, arms, and ribs. What insurance companies call “just a broken bone” often requires surgery, pins, plates, and months of physical therapy. Complications like non-union fractures or post-traumatic arthritis can create permanent disabilities.
Internal Injuries
Blunt force trauma causes internal bleeding, organ damage, and internal injuries that may not be immediately apparent. Some victims don’t realize how badly they’re hurt until hours or days later. This is why seeking immediate medical attention is critical—not just for your health, but for your claim.
Soft Tissue Injuries
Insurance companies love to dismiss soft tissue injuries as minor. They’re wrong. Torn ligaments, muscle damage, and severe contusions can cause chronic pain and permanent limitations. Pedestrian accidents often cause injuries that impact victims for years, not just weeks.
Psychological Trauma
PTSD, anxiety, depression, and fear of crossing streets are real injuries with real impacts. Many pedestrian accident victims never feel safe walking again. This psychological damage deserves compensation, but you need documentation from mental health professionals to prove it.
What Your Case Is Worth
Every pedestrian accident case is different, but compensation typically falls into two categories.
Economic Damages
These are the bills and losses you can calculate: medical expenses (past and future), lost wages, reduced earning capacity, property damage (clothing, phone, glasses), transportation to medical appointments, and home modifications if you’re disabled. We document every penny you’ve lost and will lose.
Non-Economic Damages
Pain and suffering, emotional distress, loss of enjoyment of life, permanent scarring and disfigurement, and loss of consortium (impact on your relationship with your spouse) can’t be calculated on a spreadsheet, but they’re very real. Washington law allows substantial compensation for these damages. Our $2,700,000 verdict was entirely for pain and suffering—proof that juries understand the true cost of serious injuries.
Personal injury law recognizes damages that go far beyond medical bills, including the permanent changes to your quality of life.
Free Consultation
We’ll review your accident, explain what your case is worth, and outline our strategy for maximum compensation. You have nothing to lose and everything to gain.
Washington Legal Requirements
RCW 4.16.080: Three-Year Statute of Limitations
Washington law gives you three years from the date of your accident to file a pedestrian accident lawsuit. Miss this deadline, and you lose your right to compensation forever—no matter how strong your case is.
Don’t let this happen to you. Evidence disappears. Witnesses forget. Surveillance footage gets deleted. The sooner you call us, the stronger your case will be.
Insurance Company Tactics
Insurance companies aren’t on your side—even if they say they are. Here’s what they do:
Recorded Statement Traps. They call within days, acting sympathetic, asking you to “just give a quick statement.” Every word you say will be used against you. They’re looking for you to say “I’m fine” or admit any detail they can twist.
Lowball Settlement Offers. They offer a few thousand dollars before you know the full extent of your injuries, hoping you’ll take it and sign away your rights. Once you accept, you can never come back for more—even if you need surgery later.
Surveillance and Social Media Monitoring. They hire investigators to follow you and scour your social media. One photo of you smiling at a family gathering becomes “proof” you’re not really hurt. Insurance companies use aggressive tactics to minimize payouts regardless of your actual injuries.
Delay Tactics. They drag out negotiations, hoping you’ll get desperate and accept less. They know you have bills to pay and a family to support.
Blaming You. They claim you “darted out” into traffic or weren’t in a crosswalk, trying to reduce or eliminate their payout under Washington’s comparative fault rules.
We know every trick in their playbook because we’ve been fighting them for over 20 years. When you hire us, all communication goes through our office. You focus on healing; we handle the insurance company.
Steps After a Pedestrian Accident
Immediate Actions
Call 911 immediately—even if you think you’re not seriously hurt. Adrenaline masks pain. Get law enforcement to the scene to document everything. Get medical attention right away. Tell paramedics and doctors about every pain, every symptom. Document the scene if physically possible—photos of the vehicle, intersection, your injuries, torn clothing. Get contact information from witnesses. Their statements may save your case. Do NOT admit fault or apologize. A simple “I’m sorry” can be twisted into an admission of liability.
Following Days
Follow all medical treatment recommendations. Gaps in treatment give insurance companies ammunition. Keep detailed records of everything—medical bills, prescriptions, therapy sessions, missed work days, pain levels. Contact an experienced Federal Way personal injury attorney before talking to any insurance company. Avoid posting on social media. Everything you post can and will be used against you.
Several common mistakes undermine injury cases, including delayed medical treatment and giving recorded statements without legal representation.
Legal Process Overview
Free Consultation
We listen to your story, review police reports and medical records, explain your legal rights and options, and outline our strategy. You make an informed decision about whether to hire us. No pressure, no obligation.
Investigation and Evidence Gathering
We obtain the police report, medical records, and witness statements. We photograph the accident scene and review surveillance footage. We consult with accident reconstruction experts when necessary. We calculate the full value of your claim, including future damages.
Demand and Negotiation
We send a detailed demand letter to the insurance company, backed by evidence and expert opinions. We negotiate aggressively for full compensation. We don’t accept lowball offers. There are key differences between claims and lawsuits that affect strategy and timing.
Litigation if Necessary
If the insurance company won’t offer fair compensation, we file a lawsuit and take them to court. We handle all depositions, discovery, and legal motions. We prepare for trial with expert witnesses and compelling evidence. We’re trial lawyers, not settlement lawyers. Insurance companies know we’ll go to court—and that makes them more reasonable.
Resolution
Most cases settle before trial, but we’re always prepared to go to verdict. You approve any settlement—we never pressure you to accept less than you deserve.
⭐⭐⭐⭐⭐ “Nearly a year ago I was involved in a serious motor vehicle – pedestrian accident. I sustained some very serious injuries that required a long treatment and rehab period. It became obvious that without assistance from an attorney I would never resolve the situation. Zach and his staff of legal assistants, paralegals and attorney have insured the insurance companys and medical providers were aware of their responsibilities to me, both medical and financial.” – Barbara Miller
Time Limits: Why You Must Act Now
Washington’s three-year statute of limitations is an absolute deadline, but evidence doesn’t wait three years. Surveillance footage gets deleted, typically within 30-90 days. Witnesses move away or forget critical details. Your own memory of the accident fades. Physical evidence at the scene disappears as roads get repaved and signs get replaced.
The insurance company starts building their defense immediately. They interview witnesses, review footage, and document everything. If you wait months to hire a lawyer, you’re starting from behind. Every day you wait gives the insurance company an advantage.
Plus, your medical treatment can’t wait. We can help you find doctors who’ll treat you on a lien, meaning they get paid from your settlement rather than requiring upfront payment.
Don’t wait until it’s too late.
Frequently Asked Questions
How much does it cost to hire a pedestrian accident lawyer?
Nothing upfront. We work on contingency, meaning we only get paid if you win. Our fee comes from your settlement or verdict—you never pay out of pocket. If we don’t win, you don’t pay.
How long will my case take?
It depends. Simple cases with clear liability and cooperative insurance companies might settle in a few months. Complex cases with severe injuries or disputed fault can take a year or more. We move as quickly as possible while ensuring you get maximum compensation.
What if I was partially at fault?
Washington follows comparative fault rules. Even if you were partly to blame, you can still recover damages. Your compensation gets reduced by your percentage of fault. If you were 20% at fault, you recover 80% of your damages. Insurance companies exaggerate your fault to pay less—we fight back.
What if the driver who hit me doesn’t have insurance?
Your own auto insurance policy may have uninsured motorist (UM) coverage that applies to pedestrian accidents. We can pursue your UM claim. If you don’t have a vehicle, you may be covered under a household member’s policy.
Should I accept the insurance company’s first offer?
Almost never. Initial offers are typically 10-20% of what your case is actually worth. They’re counting on you not knowing better. Protecting your future after an accident requires understanding the full value of your claim before accepting any settlement.
Can I sue if I wasn’t in a crosswalk?
Yes. Even if you weren’t in a crosswalk, the driver still has a duty to exercise reasonable care. Washington pedestrian laws require drivers to avoid colliding with pedestrians. Fault becomes more complicated, but you may still have a valid claim.
What if the accident happened in a parking lot?
Parking lot accidents involve complex liability questions. The driver, property owner, and businesses may all share responsibility depending on the circumstances. We investigate who knew about dangerous conditions and failed to fix them.
How do I pay my medical bills while waiting for my case to settle?
We can help you find medical providers who work on a lien basis, getting paid from your settlement rather than upfront. Your health insurance may also cover immediate treatment. We help you navigate these financial challenges.
What if I didn’t call the police after my accident?
This makes your case more difficult but not impossible. We can work with medical records, witness statements, and other evidence to prove what happened. However, this is one more reason why calling 911 immediately is so important.
Can I still file a claim if my injuries seemed minor at first?
Yes. Many serious injuries don’t show symptoms immediately. You have three years from the accident date—not from when you discovered the injury. See a doctor right away even if you feel “fine.” Adrenaline masks pain.
About Herschensohn Law
Zach Herschensohn brings over 20 years of personal injury litigation experience to every pedestrian accident case. Since 2003, he’s been fighting for injured people across Washington State, securing multi-million dollar settlements and verdicts.
Zach earned his JD from St. John’s University School of Law in 2002 and was admitted to the Washington State Bar in 2003. He’s also admitted to practice in the U.S. District Court for the Western District of Washington and maintains bar admissions in Oregon, California, Indiana, and Alaska.
His published appellate victories include Gibson vs. American Construction Company, Inc.; Lunsford vs. Saberhagen Holdings; and Coulter vs. Asten Group, Inc. These aren’t just case names—they’re precedent-setting decisions that protect injured people’s rights.
Professional Recognition
Zach is a member of the Washington State Bar Association, Public Justice, Washington State Trial Lawyers Association, The National Trial Lawyers (Top 100), King County Bar Association (Board Member), and American Association for Justice. His Board leadership position demonstrates respect from fellow attorneys who know his work firsthand.
Practice Areas
While we’re discussing pedestrian accidents today, our firm handles Jones Act and maritime injury law, construction site injuries, medical negligence, car accidents, premises liability, product liability, and cases involving workers exposed to harmful substances.
Our five office locations across Washington State mean we’re never far from you. Whether you’re in Federal Way, Kent, Seattle, or anywhere in between, we’re here to help.
⭐⭐⭐⭐⭐ “If you are in need of a personal injury lawyer who will go above and beyond for you, you couldn’t do much better than Herschensohn Law. Zach and his team will go the distance to make sure that you feel supported in the process.” – Erin Wood
Important Local Resources for Federal Way Pedestrians
St. Francis Hospital 34515 Ninth Ave S, Federal Way, WA 98003 24-hour emergency care including Level IV Trauma Center https://www.vmfh.org/our-hospitals/st-francis-hospital/emergency-care
Federal Way Police Department (Non-Emergency) 33325 8th Ave S, Federal Way, WA 98003 For accident reports and follow-up investigations https://www.federalwaywa.gov/police
Federal Way Police Dispatch (Emergency) 911 Always call for any pedestrian accident
Virginia Mason Franciscan Health Physical Therapy Multiple Federal Way locations For rehabilitation after pedestrian injuries
South King Fire & Rescue 911 for emergencies Responds to all pedestrian accidents in Federal Way
Federal Way Community Center 876 S 333rd St, Federal Way, WA 98003 Support services for injury recovery
Washington State Department of Transportation (WSDOT) https://wsdot.wa.gov Crash data portal for safety information
Washington Traffic Safety Commission Resources on pedestrian safety laws and statistics
Federal Highway Administration – Pedestrian Safety Federal intersection safety data and guidelines
Federal Way Mirror (Local News) Local accident reports and traffic safety news
Contact Herschensohn Law
You didn’t ask to be hit by a car. You didn’t choose to have your life turned upside down. But you do get to choose who fights for you.
At Herschensohn Law, we’ve dedicated over 20 years to holding negligent drivers accountable and securing justice for pedestrian accident victims. We know what your case is worth. We know how to make insurance companies pay. And we know how to win.
No fees unless we win. You risk nothing by calling. You risk everything by waiting.
Let us fight for you while you focus on healing. Your recovery is our priority. Your justice is our mission.
