Accidents involving a car and a pedestrian can be complicated cases. These accidents may seem cut and dry, due to the fact that pedestrians are extremely susceptible to major injuries when hit by a moving vehicle, but complications may arise when trying to determine who was really at-fault and who is responsible for the damages.
For example, a pedestrian could be at-fault if he or she was crossing where he or she was not supposed to, like crossing somewhere other than the crosswalk, crossing when he or she has a “do not walk” signal, or darting into traffic. A driver, on the other hand, could be at-fault if he or she was distracted, speeding, driving under the influence, or didn’t yield to the pedestrian.
These can be tricky cases due to comparative negligence laws, which mean that if the pedestrian and driver are both deemed partially at-fault, the pedestrian can still recover damages.
Under Washington law, if you are hit by a car as a pedestrian, you will be treated as if you were a passenger in the vehicle. That means if the driver has personal injury protection (PIP) under their auto insurance, you will be covered under their policy, and the insurance should pay for your medical bills related to the accident. The driver of the vehicle will pay up to their PIP limits on their own insurance.
It is best to seek the advice of a professional who is experienced in these types of accident cases. A good personal injury attorney can advise you on what to do and how to navigate through insurance issues and determining who was at-fault, and how your medical bills should be paid.
Contact an experienced pedestrian accident lawyer at The Washington Advocates today. Our attorneys are available on-call 24/7, and your first consultation with us is free.