Spokane, known for its beautiful parks and outdoor recreation, is unfortunately also gaining notoriety for an increasing number of pedestrian accidents. In the previous year alone, according to WSDOT, there were 196 pedestrian crashes, resulting in nine fatalities. Such a rise in accidents isn’t merely a statistic. It represents the harsh reality and life-altering impact on victims and their families.
Division Street, in particular, has been identified as a hotspot for pedestrian accidents, accounting for almost half of the city’s pedestrian deaths. The survivability of a pedestrian struck by a vehicle drastically drops with increasing vehicle speed. At speeds of 40 mph, the chance of survival is a mere 15%, compared to a 55% chance at 30 mph.
After a pedestrian accident in Spokane, quick and decisive legal action can make all the difference. Our attorneys will help you understand your rights and the steps toward recovery and pursuing compensation. We have decades of experience helping victims who have experienced such traumatic accidents, including those who have suffered catastrophic events such as traumatic brain injury or spinal cord injuries. Contact us today for a free, no-obligation consultation. You don’t pay anything unless we win your case.
Pedestrian accidents can result in a wide range of injuries, which vary significantly in severity. Here are a few of the common pedestrian accident injuries we encounter in these cases:
In our work with Spokane pedestrian accident cases, we see several recurring factors that contribute to these accidents.
Every pedestrian accident case is different because the circumstances surrounding each vary widely. Factors such as the location of the accident, the behavior of the driver, the time of day, and environmental conditions can all influence the specifics of the case. Also, the injuries sustained and their impact on the victim’s life differ, affecting both the legal strategy and the potential compensation. Our attorneys will create a customized strategy for your case, one that will maximize your recovery and compensation.
Spokane pedestrian accident victims have certain legal rights that can significantly impact the outcome of a personal injury claim. Not only do victims have the right to take legal action within the statute of limitations time period, but they also have the right to seek compensation for their injuries.
In some cases, if the accident leads to a fatality, eligible family members have the right to file a wrongful death claim. Russell & Hill will provide the necessary guidance and representation to ensure that your rights are upheld and enforced and that compensation is maximized.
Under Washington law, crosswalks are present at all intersections, even if they’re unmarked. These crosswalks are designed to provide a safe passage for pedestrians and cyclists. Pedestrians and cyclists are required to obey traffic signals and crosswalk signs, just as motorists do. This means that vehicles must stop and remain stopped to allow a pedestrian or cyclist to cross the crosswalk that intersects their lane of traffic.
However, pedestrians and cyclists must also yield to vehicles already on the road at the crosswalk to prevent accidents when a car is unable to stop in time. Pedestrians must not suddenly enter traffic in a way that a driver would not be able to reasonably stop. In unmarked crosswalks or intersections without signals in Spokane, the right-of-way is generally determined by who is already in the crosswalk or road.
When a pedestrian is injured in an accident, they have the right to seek compensation for their injuries. This compensation, often referred to as damages, can include medical expenses, lost wages, and pain and suffering. In certain cases, victims may also be eligible for punitive damages. These are awarded in cases of gross negligence or intentional harm, where the at-fault party’s behavior is deemed particularly reprehensible.
Our lawyers have extensive experience in personal injury law and thoroughly review each case to identify all potential sources of compensation. Not only do we seek to recover compensation for immediate losses, such as medical bills and wage loss, but we also consider future medical expenses and the long-term impact on the victim’s earning capabilities.
In Washington State, the statute of limitations for personal injury claims, including pedestrian claims, is three years from the date of the incident. This means that victims have three years from the date of the accident to:
It is important to be aware of this time limit and take action within the three-year period to protect your rights and pursue compensation for your injuries.
However, there are some exceptions to this rule. For instance, if the injury or its connection to the event is not immediately apparent, the discovery rule allows the three-year statute of limitations to start when the injury is discovered.
For individuals who were minors at the time of the accident, the statute of limitations does not start until their 18th birthday, providing them until their 21st birthday to file a claim.
Unlike some states, Washington uses a fault-based system for pedestrian accident claims. This means the driver who caused the accident is financially responsible for compensating injured pedestrians for their losses. Compensation typically comes from the at-fault driver’s property damage liability and bodily injury liability insurance coverage.
In the tragic event of a pedestrian accident resulting in a fatality, the victim’s family may have the right to file a wrongful death claim. This type of claim seeks to compensate the family for their loss and can cover expenses such as funeral costs, loss of companionship, and the emotional distress caused by the loss of a loved one.
Families considering a wrongful death claim should consult with a Spokane pedestrian accident attorney. These cases are complex and emotionally charged, requiring the expertise and sensitivity of a seasoned attorney to handle the legal aspects while the family focuses on healing.
Below are some of the Washington state statutes that can come into play in a pedestrian accident case. The specific Washington state laws that apply to a particular pedestrian accident will depend on the circumstances of the case. The complex nature of these laws and the wide variety of variables in these cases highlight why an experienced attorney is needed to achieve the best possible outcome.
Washington State follows comparative negligence laws, which can have a significant impact on pedestrian accident claims. Under these laws, a pedestrian accident victim can pursue compensation even if they are found partially at fault for the accident, but any settlement amount will be reduced by the pedestrian’s share of fault.
Both motorists and pedestrians are responsible for doing everything within their capability to avoid a collision with one another. For example, if a pedestrian suddenly steps into traffic, causing a motor vehicle driver to swerve and hit another vehicle, the pedestrian may be found partially at fault. Our experienced pedestrian accident lawyers can help victims through these complex legal issues and advocate for a fair determination of fault.
Victims of pedestrian accidents may be entitled to recover different types of damages that encompass both economic aspects and personal losses. The goal of these damages is to compensate the victim for the losses they have suffered as a result of the accident. The types of damages recoverable can vary significantly depending on the specifics of each case. Our lawyers can assess and quantify these damages accurately.
Economic damages refer to monetary losses directly related to injuries sustained in pedestrian accidents. These damages typically include past and future medical expenses, as well as past lost wages and estimated future lost earnings due to the accident. For instance, if a victim is unable to return to work due to their injuries, they can seek compensation for their lost earnings.
Calculations for economic damages can encompass past expenses along with anticipated future expenses related to ongoing medical care and the impact on wages.
Non-economic damages, on the other hand, refer to non-monetary losses that include the psychological and emotional effects of injuries sustained in pedestrian accidents. These damages are often more challenging to quantify as they do not have a straightforward monetary value like medical bills or lost wages.
Examples of non-economic damages include pain and suffering, emotional distress, and a diminished quality of life. The amount awarded for these damages is often determined by a jury, who evaluates the severity of the victim’s injuries and determines a monetary value they think is fitting to compensate for the victim’s pain and suffering.
Understanding what to do following a pedestrian accident can be overwhelming, especially when dealing with the shock and stress of being involved in an accident. Taking the right steps can significantly impact the outcome of any future legal action.
Regardless of the severity of the accident, it’s crucial to seek immediate medical attention. Many injuries, such as concussions and traumatic brain injuries, may not present immediate symptoms but can have serious long-term effects if left untreated. Therefore, obtaining a medical examination within 48 hours is critical to ensure that any latent injuries are identified and treated.
It’s also important to note that delaying medical treatment can compromise your ability to claim that your injuries are related to the pedestrian accident when dealing with insurance companies. Seeking immediate medical attention will protect your health, but also ensure that your injuries are officially recorded, which is essential for any subsequent accident claim.
After addressing medical needs, the next important step is to report the incident to the police and your insurance company. Contacting law enforcement creates an official record of the accident, which is invaluable when establishing the facts of the incident. It’s also essential to be aware of the statute of limitations for filing a lawsuit, as failing to take legal action within this period can result in the loss of the right to pursue the claim.
Documenting the accident scene is one of the most important steps to take following a pedestrian accident and will directly affect your case. Adequate documentation includes:
In some cases, pedestrian accident scenes can be captured on surveillance cameras, providing crucial evidence for your claim. Our attorneys can help locate and secure this critical documentation, strengthening your claim and helping to establish liability.
In the challenging time following a pedestrian accident, it’s easy to make mistakes that can impact your claim. Here are a few critical mistakes to avoid to ensure a smooth and successful claim process:
Working with an experienced pedestrian accident lawyer can help you avoid these mistakes.
The pedestrian accident attorneys at Russell & Hill’s Spokane office can greatly affect the outcome of your claim. They can provide personalized, compassionate representation to victims and assist with:
We can provide essential legal advice and ensure all filing deadlines are met, which will preserve your right to seek compensation. Our Spokane pedestrian accident lawyers are skilled in helping victims achieve the best possible outcome for their claims, ensuring they receive the compensation they need to recover and move forward. Contact us today at (509) 361-2065 or use our contact form for a free, no-obligation consultation. You pay nothing unless we win your case.
In Spokane, common factors affecting pedestrian safety include distracted driving, failure to yield to pedestrians, poor visibility, speeding, impaired driving, unmarked crosswalks, turning vehicles, and pedestrian behavior.
Pedestrian accident victims in Spokane have the right to seek compensation for their injuries, file a wrongful death claim, and pursue claims against government entities.
You have three years from the date of the pedestrian accident to file a claim in Washington State.
In pedestrian accident claims, victims can recover economic damages like medical expenses and lost wages, as well as non-economic damages such as pain and suffering and emotional distress.
A pedestrian accident attorney plays a crucial role in helping victims establish negligence, communicate with insurance companies, and receive personalized representation to ensure the best outcome for their claim. This can significantly impact the recovery of damages.
After an accident, the insurance company was refusing to pay even common payments for our accident. I turned the matter over to Russell and Hill and they tripled the amount the insurance company was offering. The attorneys handled all the negotiations and made it an excellent situation for my wife and I.
