Pedestrian Accident Attorneys in Kennewick, Washington
According to the Governor's Highway Safety Association, deaths of pedestrians increased 19% from 2019 to 2022. This is an alarming trend that highlights the urgent need for safety measures and justice for those who have been injured or killed in pedestrian accidents.
At Gierth-Eddy Law Offices PLLC, we're acutely aware of the life-altering effects that pedestrian accidents can bring. A daily walk that brings you peace can quickly turn into an accident that will leave you with serious injuries. Whether it's physical injuries, emotional trauma, or financial strain, we understand the challenges you're facing. Our seasoned team of attorneys is committed to helping victims like you across Washington State, from our offices in Kennewick and Yakima to clients in Richland, Pasco, and beyond.
If you're a pedestrian accident victim due to someone else's negligence, you have the right to seek damages through a personal injury claim. We're here to guide you every step of the way, helping you understand Washington's laws and establish negligence in your accident. Our experience with these and other serious injury cases enables us to effectively advocate for your rightful compensation. Contact us today to schedule a free initial consultation.
Proving Fault in Pedestrian Accidents
To successfully recover damages, it's crucial to establish that the accident was someone else's fault. This often involves proving negligence on the part of the defendant. And that's where we come in. With our extensive knowledge of pedestrian accident laws, we're adept at gathering the necessary evidence to support your claim.
We'll work tirelessly to prove the key elements of negligence:
The defendant owed you a duty of care;
They breached that duty;
Their breach caused your injuries; and
You suffered damages as a result.
Consider this hypothetical situation: you were walking in a marked crosswalk in Yakima, obeying the traffic signs and signals. Suddenly, a car that was speeding and ignored the red traffic light struck you. This is a clear example of how the elements of negligence apply:
Duty of Care: The driver, like all drivers, had a legal obligation (duty of care) to obey traffic laws, including speed limits and traffic signals, to ensure the safety of others, including pedestrians like you.
Breach of Duty: By speeding and running the red light, the driver breached that duty of care.
Causation: The driver's breach of duty, by speeding and ignoring the red light, directly led to the accident that caused your injuries.
Damages: As a result of the accident, you suffered physical injuries, perhaps experienced emotional trauma, and incurred medical bills and other expenses. These are the damages you can seek to recover through your claim.
As your attorneys, our goal is to hold the responsible party accountable for their actions, and we won't rest until we've done everything we can to achieve this.
Washington Laws and Pedestrian Injury Claims
When you or a loved one has fallen victim to a pedestrian accident in Washington, it's important to understand the basics of state laws and how they can impact liability in your personal injury case.
Washington's At-Fault System
First things first, Washington operates under an at-fault model for personal injury claims. Simply put, the party who's found negligent or at fault in the accident is responsible for paying damages. This could be motor vehicle drivers, bicyclists, or even property owners. It's our job to help you prove that someone else was at fault for your accident, and we're committed to doing just that.
Now, let's talk about Washington's comparative fault rule. This rule means that fault can be shared between parties in an accident. So, if you're found partly at fault, don't panic. Washington is a pure comparative fault state. This means any damages you're awarded will be reduced by your percentage of fault. For instance, if you're found 20% at fault, your damages would be reduced by 20%. But remember, we're in your corner, advocating for your rights and working to minimize your share of fault.
Statute of Limitations
Another important point to note is the statute of limitations. In Washington, you typically have three years from the date of the accident to file a personal injury claim. We know this might seem like a long time, but trust us, it's better to start the process sooner rather than later. We're here to help you every step of the way.
Pedestrian and Driver Responsibilities
Lastly, both pedestrians and drivers have responsibilities when it comes to road safety. As a pedestrian, you're expected to obey traffic signals and use crosswalks when available. Drivers, on the other hand, must stop for pedestrians in crosswalks and exercise due care to avoid colliding with pedestrians. If either party fails in these duties, they could be found at fault in an accident.
Steps to Take After a Pedestrian Accident
If you've been involved in a pedestrian accident, it's important to prioritize your health, protect your rights, and strengthen your potential personal injury claim. Here are some steps we recommend:
Seek medical treatment immediately.
Contact the police and ensure an official report is filed.
Collect information from witnesses and the driver involved.
Document the accident scene, your injuries, and any property damage.
Avoid discussing the accident on social media.
Consult with an attorney specializing in pedestrian accidents.
By following these steps and enlisting our experienced attorneys, you can build a comprehensive personal injury claim and increase your chances of a fair settlement.
Types of Damages in Pedestrian Accident Cases
If you've suffered injuries in a pedestrian accident, you could be entitled to various types of damages. Economic damages cover the monetary losses you've incurred, such as medical bills, lost wages, and property damage. Non-economic damages compensate for non-monetary losses like pain and suffering, emotional distress, and loss of enjoyment of life.
Our dedicated attorneys will thoroughly assess your case to determine the full extent of your damages. We understand the physical, emotional, and financial toll that pedestrian accidents can take, and we're committed to fighting for the compensation you rightfully deserve.
Wrongful Death Cases
Unfortunately, pedestrian accidents can also result in fatalities. In these tragic cases, the victim's loved ones may pursue a wrongful death claim to recover damages for their loss. These claims can cover funeral expenses, loss of financial support, and more.
In Washington State, the statute of limitations for wrongful death cases is typically three years from the date of the deceased person's death.
Pedestrian Accident Attorneys in Kennewick, Washington
After getting injured as a pedestrian, you may be wondering if you need a lawyer. Whether you're seeking compensation for your injuries or defending against claims made by the other party, our skilled team is here to offer expert legal guidance and support. At Gierth-Eddy Law Offices PLLC, we're your advocates, your guides, and your partners. Reach out to us today, and let us help you navigate the path to recovery and justice.