Pedestrian Injuries

The law requires every driver to exercise care to avoid hitting a pedestrian. For example, a driver must honk the car horn and take proper precautions after seeing a child or an obviously confused or incapacitated person in the roadway. When a driver fails to exercise such care and hits a pedestrian, the driver may be held responsible for the pedestrian's injuries.

Both drivers and pedestrians have a duty to obey traffic signs and signals at intersections. If there is no signal, or if the signal is not working at the crosswalk, a driver has the duty to stop to allow the pedestrian to cross if the pedestrian is on the driver's half of the roadway, heading in either direction, or if the pedestrian is on the opposite half of the roadway heading in the driver's direction. Pedestrians have the "right of way" to cross in either marked or unmarked crosswalks at intersections.

Like drivers, pedestrians have a duty to exercise care for their own safety. Where sidewalks are present, a pedestrian must use them. Where there are no sidewalks, pedestrians should walk on the left side of the roadway, facing traffic and move clear of the roadway when traffic approaches. Of course, pedestrians must also yield the right of way to emergency and police vehicles, even though the drivers of emergency and police vehicles have a duty to drive with regard for the safety of all persons on the roadway.

If you are a pedestrian who was hit by a motor vehicle, you should promptly notify the police and your own auto insurance company about the accident. You may be eligible for benefits from your own insurance company as well as from the driver who hit you. The language of your insurance policy will determine whether you are covered, as well as the type and amount of coverage you can claim. If you have Personal Injury Protection or "PIP" coverage, your medical bills and some of your wage loss may be covered, even though you were walking instead of driving or riding in a car. PIP benefits may be paid regardless of who was at fault for the collision.

Do you need a lawyer? Maybe not, but consulting an experienced personal injury lawyer is usually a good idea. The lawyers at Kraft Palmer Davies PLLC will not charge for an initial consultation. If we take your case, we would do so on a contingent fee basis where any attorneys' fee would be paid out of the recovery. In Washington, the outside time limit for filing a lawsuit for a pedestrian injury is generally three years from when the collision occurred when based on negligent conduct. If the conduct was intentional, you must file a lawsuit within two years under Washington law. Contact our firm for a free, no-obligation evaluation of your case. We can help.