Any accident involving a pedestrian can be catastrophic. This is particularly true when the injury was caused by a car. While the driver of a vehicle is protected by seatbelts, airbags and the vehicle itself, pedestrians are completely unprotected. Drivers have an obligation to operate a motor vehicle in a safe manner and that includes being constantly on the lookout for pedestrians. This is why if you are struck by a car while walking, it is typically the driver who is found to be at fault.
Whether you were injured by a car or by another means, if the other party was negligent, you deserve to be made whole financially. Your job is to focus on recovering from your injury. We will handle the rest. Unlike the insurance companies, our only interest is in protecting you and putting you in the best position possible.
You will have peace of mind that your attorneys truly care about you and your family. Michelle & Court have over 35 years of combined experience and will use all of that experience towards helping you.
We will take the stress of dealing with the insurance companies away from you, and will get you the compensation you deserve. Money that will help to cover lost wages, medical expenses, pain & suffering, etc.
We will personally handle your case every step of the way, including contacting the insurance companies, contacting the at-fault party and/or their attorney, investigation, research, drafting pleadings, conducting depositions, and taking cases through trial when necessary. This process will often be resolved over the course of several months, but can sometimes take years. Throughout this process, we are there for our clients. We care about what our clients are going through and we want them to feel comfortable that they are in the best hands.
We will meet with you, gain an understanding of your individual situation and if we decide to work together, our fee does not get paid until the insurance company pays you.
It is scary to find yourself or your loved one a victim of any type of injury or loss. It is your job to heal. It is our job to deal with everything else.
It comes down to the issue of negligence. Drivers have a duty to exercise due care to avoid an accident with a pedestrian. Due to this, in the majority of cases drivers are going to be determined at fault, or at least partially at fault.
If there is a police report written, they will typically document who is at fault in their opinion. Insurance companies may not necessarily agree with this, however.
First, we are very sorry for your loss. We understand that despite this horrible loss, you may still be stuck with medical bills, funeral costs, and other expenses. You may be able to pursue a wrongful death lawsuit to recover these costs and more. Please visit our wrongful death page and reach out at any time for a consultation.
If you were crossing at an intersection, then yes, you will most likely be able to successfully pursue litigation. The reason for this is that drivers must stop at intersections to allow pedestrians to cross even if there is not a marked crosswalk. There can still be contributory negligence on the part of a pedestrian in this situation, however.
If you were not at an intersection, then as a pedestrian you are supposed to yield to vehicles. That said, drivers still have a duty of care to avoid hitting pedestrians. So if you are crossing where you are not supposed to be but a speeding car with a distracted driver hits you, then there is fault that can be assigned to both parties.
Possibly. We are always looking to see if negligence extends beyond the immediate cause of your injury. For instance in a car vs. pedestrian accident, we would also look at:
Injuries in pedestrian accidents are often severe, particularly when caused by a vehicle. Some of the more common injuries include:
It is also important to not that some of injures may be present immediately, while others manifest over time. This is why it is important to have both initial and ongoing medical treatment.
Absolutely. We want to know as much about what caused your injury as possible and who is to blame. In a pedestrian injury case, we look at many things, including:
The list above is not exhaustive, but gives you an idea of some of the areas we look into. The facts and circumstances of your particular case will ultimately dictate where the investigation takes us.
Uber and Lyft drivers have the same responsibilities as all other drivers on the road, so you can still pursue legal action. In fact, ride share companies carry supplemental insurance for their drivers when the app is ON as follows:
When pedestrians and cyclists share the same sidewalk/path, cyclists can go racing past an unaware pedestrian at speeds of 10-20 mph depending on conditions. Many cyclists also do not properly alert pedestrians when they are coming up behind them. The combination of these factors can lead to accidents with serious injuries.
Because cyclists have a duty to yield to pedestrians, they are often going to be determined to be at fault for an accident. That will not always be the case, however, as it ultimately comes down the issue of negligence.
If the cyclist is determined to be at fault, or at least partially at fault, then you can seek to recover through the other cyclist’s homeowner/renters insurance.
Most people think of pedestrian accidents as involving a motor vehicle. This is not always the case. For instance, pedestrians can be injured due to cracks in the sidewalk.
Pedestrians of course have their own duty of care, but you cannot always see all potential risks. Also, local/county governments are required to keep their sidewalks safe, so if you are injured due to an unsafe sidewalk condition, you may be able to recover for your losses.
Both private construction companies and government construction employees owe a duty of care to the public and if their negligence causes an injury to you as you are walking by, you very well may be able to successfully pursue legal action.
The same holds true for private homeowners. If you are walking by someone’s house and are injured, give us a call.
The most common defenses we see is that the insurance company will try to claim:
Despite these available defenses, we will do everything possible to still maximize your recovery.
We’ll keep this answer simple: Yes, you need an attorney if you want to maximize your recovery. It’s just one of those things that is best left to the experts.
This question will get you a very lawyer-like answer: it depends. We need to know a lot more about your injury and get deep into the case before we can fully answer this question.
The word “win” also means different things to different people. For instance, if an insurance adjustor offers you $500 to settle your case and then after we get involved the offer goes up to $20,000, many people would consider that a win. In some cases, we would agree with this. In others, we may believe that more money is deserved and will urge you to keep fighting.
What we can tell you is this. We will put you in the best position to maximize your recovery, whether that is through a settlement or trial.
The two primary types of damages that can be recovered are economic/special damages, and non-economic/general damages.
Economic damages are for out-of-pocket costs that are incurred due to the injury. For example:
General damages are for other harms that you have suffered but are more difficult to calculate, such as:
It’s not uncommon for injury victims to be partially at fault for an accident. This does not mean you are completely responsible and you very well may still be entitled to compensation for your injuries.
Washington State uses a “pure comparative negligence” calculation, where the amount of money you recover gets reduced by the percentage you are considered to be at fault. For example, Let’s say you recover $100,000 but are determined to be 25% at fault, your total recovery would then be $75,000.