Bellevue Pedestrian Accident Lawyer
Auto accidents involving pedestrians can happen instantly but cause injuries that could last a lifetime. Without the protection of a vehicle or safety equipment, individuals using crosswalks or walking alongside roads are vulnerable to the many possible dangers that irresponsible drivers cause. If you or a loved one suffered injuries as a pedestrian in a traffic accident in Bellevue, WA, you could pursue compensation for your losses, including medical bills, pain and suffering, and more.
Our Bellevue pedestrian accident lawyers will fight tirelessly to hold the liable parties financially responsible for their actions. Herschensohn Law can build a solid case on your behalf and help you obtain the justice and compensation you deserve. Call us at (206) 588-4344 for a free consultation.
How Can Our Bellevue Pedestrian Accident Attorneys Help You Recover Compensation?
Navigating personal injury and wrongful death cases often requires completing complex tasks and navigating the legal system effectively. Our lawyers can help you with several duties, including:
- Investigating the accident to determine its cause and who is the responsible party or parties
- Interviewing witnesses
- Collecting evidence and examining photographs and video footage
- Consulting with experts, such as recreating the accident scene or providing professional opinions of the accident’s cause
- Identifying losses and calculating their worth
- Negotiating with insurance companies and liable parties
- Filing a lawsuit with Washington’s statute of limitations
- Representing you at trial
What Compensation Can You Recover for a Bellevue Pedestrian Accident?
Compensation in personal injury and wrongful death cases reflects the value of the various losses the individual suffered because of the accident and their injuries. In general, these include the following:
- Economic damages: You can recover the financial losses you incurred from the pedestrian accident. These include any losses quantifiable using bills or receipts, such as past, current, and future medical expenses, lost income, and diminished earning potential.
- Non-economic damages: These are not easily calculable because they represent subjective, non-monetary losses, such as pain and suffering, scarring and disfigurement, disability, and impaired quality of life. They can be estimated, however, using special legal calculations intended to determine an amount that will help make the victim “whole” again.
- Wrongful death damages: Certain family members who’ve lost a loved one in a preventable pedestrian accident may be eligible to pursue a wrongful death action (RCW § 4.20.010) to recover costs, such as funeral and burial expenses and the loss of the decedent’s income and love and guidance.
The statute of limitations for personal injury and wrongful death lawsuits in Washington is three years from the date the injury was discovered or the decedent passed, per RCW § 4.16.080. Our attorneys will track and file your case within this time frame to ensure it meets the filing deadline.
Who Is Liable for Damages After a Pedestrian Auto Accident in Washington?
Washington State uses a tort system, not a no-fault system, for processing auto accident claims. In car-on-car collisions, the driver or their insurance company is responsible for covering losses that others suffer due to accident-related injuries.
The vehicle’s operator is often at fault in cases involving pedestrian versus motor vehicle accidents. Although drivers and people on foot must exercise reasonable care when on the road, this is especially important for drivers, as failure to do so can severely or fatally injure pedestrians. Still, in some cases, pedestrians can be partially or wholly at fault, or responsibility may lie with a vehicle’s manufacturer or the local government charged with maintaining safe road conditions.
Generally, if a car hits you, the driver or their car insurance provider should cover the cost of your medical bills and other expenses. You may also be able to turn to your health insurance policy for help. That said, counting on your health insurer alone means you won’t receive payment for certain losses, such as lost income. You may also have copayments and deductibles to consider.
Also, although you were not driving, if you own a car and have car insurance, your personal injury protection (PIP) insurance may provide significant help regardless of who caused the accident. Furthermore, if the driver flees from the accident scene, the pedestrian could use their uninsured/underinsured motorist (UM/UIM) coverage to pay for losses if they have this coverage.
Proving Negligence in a Pedestrian Accident
If you want to file a lawsuit, our Bellevue pedestrian accident attorneys can help you decide when and if this is an appropriate next move. If you were hurt in a pedestrian accident and want to take legal action against the driver who hit you, you must prove how their negligence caused your losses. Demonstrating a party was negligent in a car-to-pedestrian accident case requires showing the following four elements are true in your case:
- Duty of care: The driver owed you a duty to operate their vehicle safely and in such a way that their actions would not hurt others.
- Breach of duty: The driver failed to uphold their duty to you in their actions or inactions, and you got hurt.
- Causation: The breach of duty was the direct or proximate cause of the accident and your injuries.
- Damages: You suffered financial and personal losses because of your injuries.
The laws involving who can be pursued for compensation and in what order can be confusing, but our Bellevue pedestrian accident lawyers can explain how these work before filing an auto insurance claim if appropriate in your case.
When the Driver Is Responsible for the Pedestrian Accident
When drivers aren’t cautious, the outcome can be catastrophic, especially for pedestrians. Common causes of pedestrian accidents include:
- Being distracted or texting while driving
- Veering into the pedestrian or bike lane on a road
- Not stopping or yielding to pedestrians at crosswalks
- Turning at intersections without looking both ways first
- Driving too fast to safely stop in time
- Driving while intoxicated
As noted, many pedestrian accidents involve driver negligence. However, other parties may be partially or wholly responsible. Our Bellevue pedestrian accident lawyers could pursue compensation from any of the following:
- The vehicle or auto parts manufacturer for defective components, such as faulty brakes. Instead of negligence, these companies are subject to strict liability laws.
- The government, if there is a problem with the crosswalk or the lighting system, the liable party may be a municipal agency.
- An employer, if the driver was acting within the scope of their job duties when the accident occurred.
In some pedestrian accident cases, multiple parties share responsibility. At Herschensohn Law, our legal team will work to determine all parties that may be liable for your injury-related damages.
What Injuries Do Pedestrians Commonly Suffer in Auto Accidents?
Pedestrian accidents are often catastrophic because, when struck, the human body has little protection from a vehicle weighing thousands of pounds. Severe and traumatic injuries arising from these accidents can include the following:
- Deep cuts and bruises
- Abrasions due to contact with vehicles, pavement, or other objects
- Broken bones and fractures from the crash’s impact
- Soft tissue injuries to muscles, tendons, ligaments, and other connective tissues
- Internal organ damage due to puncture wounds or blunt force trauma
- Concussions and more severe traumatic brain injuries (TBIs)
- Dental or facial injuries, including eye injuries and vision loss
- Spinal cord injuries, leading to partial or full paralysis or other loss of functioning
- Musculoskeletal injuries
Our lawyers will evaluate the injuries you or a loved one suffered as we determine how much compensation to seek from the liable party.
Contact Us Today for Help After a Bellevue, WA, Pedestrian Accident
If you or a loved one is recovering from a pedestrian accident in the Bellevue, WA, area Herschensohn Law can offer you legal guidance that can help you determine your next steps. We know seeking compensation after an accident is challenging, but we are here to help make this transition easier.
We can explain your rights and legal options, help you navigate the process, and fight for the compensation you need to recover from your injuries. Contact us today at (206) 588-4344 for a free, no-obligation case review, and start seeking the justice you deserve today.
Our results speak for themselves
After a worker was electrocuted on a construction site and suffered life-changing injuries, we fought and won on their behalf.
When a retired man was killed in a truck accident, we made sure his grieving family got fair compensation.
When a defective medical device harmed our client, we fought to ensure they had the financial compensation needed to recover.
Hurt? Let our law firm handle the details
When you request your free consultation, Kent personal injury attorney Zach Herschensohn will listen to you, answer your questions, lay out your legal options, and give you down-to-earth legal advice.
When you work with our law office, there are no obligations, hidden fees, or fine print. It’s that simple.