Pedestrian accidents – which usually involve a car hitting someone on foot – tend to happen in the blink of an eye before your brain has time to process it. Pedestrian accidents are on the rise in Washington. Data from the Washington Traffic Safety Commission shows there were 154 pedestrian fatalities in 2023 – more than any other year on record.
If you were injured in a pedestrian accident due to someone else’s negligence, it may seem like a given that you will be rightfully compensated for your injuries, lost wages, pain and suffering, and all other damages.
Unfortunately, it’s rarely that easy.
Personal injury settlements are typically negotiated between the victim’s attorney and the insurance companies. Insurance companies fight to avoid financial responsibility in these types of cases. The initial steps you take after an incident can have a large impact on your ability to earn the compensation you deserve.
At Russell & Hill, we understand how overwhelming life can feel after a pedestrian accident. Taking the right steps immediately after the incident can determine whether you secure the compensation you deserve and ensure the responsible party is held fully accountable.
Here’s what you need to do to protect your health, document the event, and build a strong case:
1. Get to Safety and Check for Injuries
Assuming you are not incapacitated by the accident, removing yourself from further harm is always the first priority.
Next, check yourself for any visible injuries – this may include lacerations, fractures, road rash, swelling, etc. You may not even realize you have a visible injury and some serious injuries are not apparent until later. Concussions, spinal cord injuries, and nerve damage can sometimes take hours – or days – to show any signs.
If there were any other people involved in the accident, do your best to help them get to safety.
2. Call the Authorities
This step cannot be skipped under any circumstance – even If you believe the injury is minor. When you call the authorities, a police officer, the fire department, and a medical team will be dispatched to the scene of the accident. From here, an official accident report will be created.
The Official Police Report
In our experience trying to file an injury case without an official police report is an uphill battle. This report will be a primary piece of evidence as you build your case. The report will include several components, including (but not limited to):
- Time, date, and location of the accident
- The officer’s name and badge number
- Description of the accident
- Diagrams of the accident
- Citation/violations (if applicable)
- Initial injuries
- Witness statements (if applicable)
- Preliminary determination of fault
- Emergency response details
All of this information will be included in the personal injury case as you (and your attorney) negotiate for a settlement.
IMPORTANT: Do not admit fault in any way or make statements that could be misunderstood as taking blame. Simply describe what happened as clearly as you can. Keep your emotions out of it.
Seek Medical Attention by the Medical Staff
The medical staff on the scene will ask you a few questions about how you feel and if you would like an assessment. Always agree to the assessment – even if you feel fine. If you do have an invisible injury that may not manifest until later, these teams are trained to spot the early signs of common pedestrian accident injuries and act accordingly.
The medical team will generate an official report of this assessment, which is used as evidence in a personal injury claim.
3. Gather Contact Information
If possible, the next step is to get the names, phone numbers, email addresses, etc., of the at-fault party and any witnesses. This contact information will be helpful later on in the claims process. Witnesses may be brought in to provide statements if there is a dispute about what happened.
Politely ask for their contact information before they leave. Confirm the accuracy of the details by repeating them back to the witness or sending them a text to make sure you have the right number.
If the at-fault party is uncooperative (or tries to flee the scene), try to capture their license plate number and vehicle description.
4. Document the Scene
Pictures and videos of the scene taken immediately after the pedestrian accident will be key pieces of evidence. Use your phone to capture as many details as possible. This includes (but is not limited to):
- The vehicle of the at-fault party (and the license plate).
- Any visible injuries.
- The location (street signs, traffic signals, crosswalks, etc.)
- Skid marks
- Debris from the accident
The goal here is to create a picture of how, where, and why the accident took place – and who it affected. If the evidence can prove the driver failed to obey traffic laws, it can potentially help you earn a higher settlement. Do not hold back here. Take as many pictures and videos as you can.
5. Visit Your Primary Care Doctor
Once all the official reporting and medical assessments have been completed, the next step is to make an appointment with your doctor (even if you feel fine). Try to get in as soon as possible. Your doctor will conduct a more thorough examination of your injuries – and refer you to specialists if necessary.
Give your doctor all the details of the accident. Include information about where the initial impact occurred on your body, any immediate pain or discomfort, and how your body moved during the collision. For example, if your neck was jolted forward and backward suddenly, mention this as it could indicate whiplash—a common injury that may cause neck pain, stiffness, headaches, or dizziness in the hours or days following the accident.
Keep and organize ALL medical records and documentation related to the accident. This includes prescriptions, test results, and notes about treatment plans. Your pedestrian accident injury lawyer will request copies of everything. Having them ready will help to speed up the process.
6. Notify Your Insurance Company
Contact your insurance company as soon as possible after the accident.
Your policy might offer coverage for pedestrian injuries. Be sure to ask about this when you speak to the representative. Remember, insurance companies have an obligation to protect their bottom line – even your own provider. This (unfortunately) means finding ways to reduce payouts.
Speaking with insurance companies is a tricky business. Many providers ask questions or speak in a way that encourages victims to admit/imply fault for an accident. This is just the world we live in. The most important thing you can do when speaking to an insurance adjuster is to stay objective about the situation.
- Provide the facts, nothing else.
- Do not apologize for anything (this can imply fault)
- Do not let your emotions get the best of you.
- Stay composed and concise in your responses to prevent misunderstandings.
Keep records of all communication with the insurance company. Save copies of emails and write down details of phone calls. If the insurer requests documentation, such as medical records or bills, provide only what is necessary.
Avoid signing any forms or releases without consulting an attorney first.
7. Speak with a Washington Pedestrian Accident Lawyer
Contacting a Washington pedestrian accident attorney who specializes in Spokane pedestrian accident cases.
You may think that liability in the accident seems obvious and wonder if it is worth hiring an attorney?
The answer is yes – and for good reason.
Most insurance companies won’t even negotiate with victims without a pedestrian accident attorney. Oftentimes, they will simply provide a lowball settlement and close the case quickly – even if the fault is clear.
An experienced pedestrian accident lawyer will manage the following:
- Gather ALL evidence from the accident
- Build a strong case to support your financial needs
- Negotiate with insurance companies for every penny you’re entitled to.
- Counter devious negotiation tactics used by insurance companies to avoid financial responsibility.
- Represent you in court if the case goes to trial
- Manage everything on the legal side so you can focus on your recovery.
But how much does a pedestrian accident injury lawyer in Washington Cost?
Most pedestrian accident injury firms (including ours) operate on a contingency fee agreement. This means they take a percentage of the total settlement AFTER they win the case. You pay nothing upfront or out of pocket to hire an attorney.
Additionally, most lawyers offer free consultations. Take this opportunity to ask questions and learn about your options without committing right away.
Why Acting Quickly Matters
According to Washington law, you have three years to file a personal injury claim after the date of the accident. This is referred to as the statute of limitations.
Timing is everything after a pedestrian accident. Evidence can disappear, and witnesses’ memories may fade. Additionally, insurance companies may argue your injuries were not severe if you waited weeks, months, or years to file a claim.
What Pedestrian Accident Compensation Covers
If you take these steps above, you can potentially earn compensation for all your damages.
Generally speaking, “damages” are divided into three categories: economic, non-economic, and punitive damages.
Economic Damages
Economic damages can be characterized as any damage with a clear price tag, invoice, estimate, etc. This includes medical expenses, lost wages, future medical treatment, property damage, loss of future earning potential, etc.
Non-Economic Damages
These damages are more subjective – and do not have invoices or price tags. Non-economic damages typically involve pain and suffering, reduced quality of life, loss of companionship, and so on. As you can imagine, it’s not easy to quantify these.
When you work with a pedestrian accident attorney, they will help you put a number on all your damages – which will be used in the injury claim.
Punitive Damages
Punitive damages are generally collected when the at-fault party did something egregious to make the pedestrian accident occur. For example, if a driver was highly intoxicated and ran into a pedestrian at high speeds, the victim may pursue additional compensation.
The purpose of punitive damages is to further punish the at-fault party for their carelessness – and deter incidents like this in the future.
How Much is Pedestrian Accident Settlement in Washington?
There is no concrete answer to this question – as every case is different. Compensation can range from several thousand dollars to six figures or more, depending on the details of the case. Cases with severe, life-altering injury and gross negligence leading to punitive damages will be much higher than more minor injuries.
What NOT to Do After a Pedestrian Accident
There are some mistakes you can make after a pedestrian accident that may compromise your injury claim.
Leave the Scene
Most importantly, do not leave the scene without gathering as much information as possible – and calling the authorities. This may invalidate your injury claim.
Speak Publicly About the Accident
Avoid sharing details about the accident with anyone other than trusted parties, like your attorney. In particular, refrain from posting about the accident on social media. Even seemingly harmless posts can be taken out of context and used by insurance companies or opposing lawyers to challenge your claim.
Sign Mysterious Documents from Insurance Companies
NEVER sign anything from an insurance company without legal advice. These documents are full of fine print that can jeopardize your case. You could accidentally accept less than you deserve.
Admit or Imply Fault
Lastly, do not admit fault at the scene or to anyone you speak to (especially insurance representatives), even if you think you might share responsibility for the injuries sustained. Admissions can complicate your case, even if they aren’t accurate. Stick to the basic information. Saying too much or making assumptions about the cause could be misinterpreted later.
Getting the Best Representation After a Pedestrian Accident
Knowing what to do after a pedestrian accident can make a big difference in your ability to collect the maximum settlement. Following these steps can protect your health and your ability to seek compensation.
If you’re in Washington, contacting a pedestrian accident lawyer is the most important step to move forward. Always remember: after suffering an injury, the attorney you hire is the only party that is 100% on your side. Their mission is to help you fight for the compensation you deserve.
If you’ve been injured in an accident, our pedestrian accident attorneys are here for you. Send us a message online or call 800-529-0842 for a FREE consultation.