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Walking can be tons of fun until you find yourself in the wrong place at the wrong time and are involved in a pedestrian accident. Thousands of pedestrians are injured in Washington State each year while traveling on foot, typically as a result of someone else’s negligence. Pedestrian accidents can be quite serious, especially if a motor vehicle is involved, leading to horrific injuries that can affect the pedestrian for years to come. Even when no car is involved, pedestrians can be hurt in a myriad of ways while walking—from uneven sidewalks that pose a tripping threat to broken pavement that causes injurious falls. While it’s true that accidents sometimes “just happen,” if someone else’s negligence results in your pedestrian accident, then you may have grounds to file a pedestrian accident claim. Russell and Hill are champions for accident victims in the Bremerton area, with a history of going to bat for pedestrians against large insurers. Speak with our legal team to weigh your options when you’re ready to file a pedestrian accident claim.

Causes of Pedestrian Accidents

There are a number of causes of pedestrian accidents. These include:

  • Pedestrians attempting to cross highways
  • Distracted or negligent drivers
  • Speeding drivers
  • Drivers who fail to yield the right of way to pedestrians at crosswalks
  • Drivers who run stop signs or signal lights
  • Drivers who fail to signal when turning
  • Drivers who are under the influence of drugs or alcohol
  • Drivers who disregard weather or traffic conditions
  • Poor maintenance, sidewalk or parking lot defects
  • Construction or other debris on walkways

Determining Liability and Identifying Litigants

An injured pedestrian may recover damages for the injuries they incurred due to another party’s negligence, whether the injury was caused by a negligent driver or a property defect. In order to establish negligence in a pedestrian accident, the plaintiff must prove that the defendant:

  • Owed a legal duty to the injured party
  • Breached that legal duty through action or inaction
  • Caused an accident or injury to the plaintiff
  • The accident resulted in an injury

Sometimes more than one party is legally responsible for an accident resulting in a pedestrian injury. Potentially liable parties may include:

  • The driver who struck the pedestrian
  • The party legally responsible for maintaining the road, sidewalk, or parking lot where the injury occurred
  • The pedestrian

Often times, it might seem obvious who was responsible for the accident, but courts may look at a number of factors surrounding the accident.

Drivers’ Special Duty of Care to Children

Young children between the ages of 5 and 9 have the highest risk of being hit by a vehicle, as they are smaller, less visible, and often unpredictable. Legally, drivers have a higher duty of care when it comes to driving around children.

Filing a Pedestrian Accident Claim

The statute of limitations in Washington State is set at three years by law. Any injured pedestrian has just three years from the date of injury to file any related claims. To preserve your right to collect damages, including lost wages, medical bills, and pain and suffering, contact our Bremerton pedestrian accident attorney right away to get the process started. Set up your no-cost case review today.

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