Russell & Hill, PLLC

Issues When Claiming An Insurance After Pedestrian Accidents

Posted on December 23, 2019Posted By Russell Hill

Pedestrian accidents can lead to devastating injuries. If you or someone you love has been injured in a pedestrian incident that was caused by another driver’s negligence, seek help from an attorney immediately. There are many issues that can arise when making a pedestrian accident injury claim with an insurance carrier. At Russell & Hill, PLLC, our Seattle pedestrian accident attorneys will get to work investigating your case immediately so you can secure the compensation necessary.

Determining fault in a pedestrian crash?

When securing compensation in the aftermath of a pedestrian accident, it is vitally important to determine liability. If you are injured due to another driver’s negligence and file a claim against their insurer, you can be sure that the insurance company will conduct a thorough investigation of what happened. While it may seem like they are on your side, they are not.

An insurance claims adjuster has one job – to ensure the carrier pays as little as possible in a settlement payout. Your Seattle pedestrian accident lawyer will conduct a thorough investigation into the incident in order to prove the driver’s fault. This will include:

  • Obtaining all evidence from the crash (accident reports, video and photo surveillance, eyewitness statements, etc.)
  • Determining your total losses by analyzing medical bills, expected future expenses, lost income, and more.
  • Negotiating with all parties involved to secure a settlement that covers all of your pedestrian accident-related expenses.

Most individuals injured in a pedestrian crash do not have the experience, resources, or skills necessary to do this on their own.

What if the pedestrian was partially at fault for the crash?

Washington state operates on what is called a “pure comparative negligence” system. This means that you can recover compensation even if you are partially at-fault for the pedestrian accident. However, your total compensation will be reduced based on your percentage of fault in the case.

For example, you may be awarded $10,000 for your pedestrian accident injuries by a jury. However, if it is determined that you were 30% at fault in the accident, you would only receive $7,000 in compensation.

Because of the comparative negligence laws, you need to ensure liability is properly assigned. Aggressive insurance companies will work to assign more liability to you so they can pay less.

Let us get to work on your behalf today

These incidents are not uncommon. In the United States, there were more than 6,000 pedestrian fatalities during the latest reporting year. In Washington state, the Department of Transportation states that there were 2,514 pedestrian crashes in 2018. Out of those incidents, there were:

  • 109 fatalities
  • 403 suspected serious injuries
  • 784 suspected minor injuries
  • 1,121 possible injuries

At Russell & Hill, PLLC, our Seattle pedestrian accident attorneys are ready to get to work on your behalf. Our goal is to secure the compensation you are entitled to. You can contact us for a free consultation by clicking here or calling 800-529-0842.

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