Pedestrians face serious risks when drivers fail to follow traffic laws. A moment of distraction, speeding, or failure to yield can result in severe injuries or even fatalities. Those injured by negligent drivers have legal options to seek compensation for their injuries and financial losses.
Filing an insurance claim
After an accident in Washington, injured pedestrians can file a claim with the at-fault driver’s auto insurance. Washington law requires all drivers to carry a minimum of $25,000 in liability insurance for injuries per person, with higher amounts for multiple injuries. Injured individuals can seek compensation for medical expenses, lost wages, and pain and suffering. If the driver lacks sufficient coverage, pedestrians may use their own uninsured or underinsured motorist protection to cover additional costs. Washington follows a fault-based system, meaning the at-fault driver’s insurance is primarily responsible for covering damages.
Pursuing a personal injury lawsuit
When insurance does not provide full compensation, an injured pedestrian can file a personal injury lawsuit against the driver. In a lawsuit, the injured party must prove that the driver’s negligence caused the accident. Evidence such as traffic camera footage, witness statements, and police reports can support the case. If successful, a lawsuit can provide compensation for medical bills, ongoing care, lost income, and emotional distress.
Understanding comparative negligence laws
Washington follows a comparative negligence system, which means a pedestrian’s compensation can be reduced if they share fault for the accident. If a pedestrian crossed outside a designated crosswalk or against a traffic signal, the court may assign a percentage of fault to them. However, as long as the driver holds the majority of the fault, the pedestrian can still recover damages. Understanding Washington’s specific negligence laws helps determine how much compensation an injured pedestrian can receive.
Every pedestrian accident is different, and the path to recovery depends on various factors. Exploring available legal options and seeking the right support can make a significant difference in securing the compensation needed to move forward.