What to Do After a Pedestrian Accident in Washington: Your Rights and Next Steps

What to Do After a Pedestrian Accident in Washington: Your Rights and Next Steps

Pedestrian accidents in Washington can lead to serious injuries and complex insurance claims. Whether you were hit in a crosswalk, at an intersection, or elsewhere, knowing your rights and the steps to take can make a big difference in your recovery and your claim.

Immediate Steps After a Pedestrian Accident

1. Call 911 and Seek Medical Attention: Always report the accident and get checked by medical professionals, even if injuries seem minor.
2. Get Driver and Witness Information: Collect the driver’s name, contact, insurance, and license plate. Ask for contact info from any witnesses.
3. Document the Scene: Take photos of the accident location, vehicle, your injuries, traffic signals, and crosswalks.
4. File a Police Report: Make sure law enforcement documents the incident. Request a copy of the report for your records.
5. Do Not Admit Fault: Avoid making statements about fault to the driver, police, or insurance companies.

Washington Pedestrian Laws and Your Rights

• Right of Way: Washington law (RCW 46.61.235) generally gives pedestrians the right of way in marked or unmarked crosswalks at intersections.
• Driver Responsibilities: Drivers must stop for pedestrians in crosswalks and exercise due care to avoid collisions.
• Comparative Fault: Even if you were partially at fault (e.g., jaywalking), you can still recover damages. Your compensation will be reduced by your percentage of fault.

Insurance and Compensation After a Pedestrian Accident

• At-Fault Driver’s Insurance: You can file a claim against the driver’s liability insurance for your injuries and losses.
• Your Own Auto Insurance: If you have Personal Injury Protection (PIP) or Uninsured/Underinsured Motorist (UM/UIM) coverage, it may apply even though you were walking.
• Damages You May Recover: Medical expenses, lost wages, pain and suffering, rehabilitation costs, and more.

What If the Driver Is Uninsured or Flees the Scene?

• Uninsured/Underinsured Motorist Coverage: Your own UM/UIM policy may cover you if the driver is uninsured or cannot be found.
• Crime Victims Compensation: Washington’s Crime Victims Compensation Program may help if you were injured in a hit-and-run.

How to Maximize Your Pedestrian Accident Claim

• Get prompt medical care and follow all treatment recommendations.
• Keep detailed records of medical bills, lost work, and how your injuries affect your life.
• Do not accept the first insurance offer—consult an attorney before settling.
• Consult a Washington pedestrian accident lawyer for help with evidence, negotiations, and protecting your rights.

Frequently Asked Questions About Washington Pedestrian Accidents

What should I do immediately after a pedestrian accident in Washington?

Call 911, get medical attention, collect driver and witness information, document the scene, and file a police report.

Can I recover damages if I was partially at fault?

Yes. Washington uses pure comparative negligence, so you can recover damages even if you were partly at fault, but your compensation will be reduced by your percentage of fault.

What insurance covers pedestrian accidents in Washington?

The at-fault driver’s liability insurance, your own PIP or UM/UIM coverage, and possibly the Crime Victims Compensation Program if it was a hit-and-run.

How long do I have to file a pedestrian accident claim in Washington?

You generally have three years from the date of the accident to file a personal injury lawsuit in Washington.

Should I talk to the driver’s insurance company?

Do not give a recorded statement or accept a settlement without consulting an attorney. Insurance companies may try to minimize your claim.

If you’ve been injured in a pedestrian accident in Washington, contact AskLitigation for a free consultation or call (888) 970-8627. We’re here to help you protect your rights and get the compensation you deserve.