Pedestrian Accident Lawyer

Expert Legal Help for Injured Pedestrians in Washington

Get the Guidance and Justice You Deserve

The human body is no match for a vehicle weighing thousands of pounds. Navigating the aftermath of a pedestrian accident can be overwhelming, but you don’t have to face it alone. I’m here to provide immediate support, compassionate guidance, and the local expertise you need to confidently move forward.

With a deep understanding of Washington’s legal landscape, I’m dedicated to ensuring you receive the compensation you deserve. Whether you’re dealing with medical bills, lost income, or the emotional toll of an accident, I’m ready to help every step of the way. Reach out today—your path to justice starts here.

Table of Contents: for your convenience, below are quick links that will take you to the corresponding sections lower on this page.

Understanding the Complexities of Pedestrian Accidents
Careful What you Say
Why Legal Guidance is Essential in Pedestrian Accidents
The Path to Justice After a Pedestrian Accident
Personalized Guidance Every Step of the Way
Pedestrian Accident FAQs
What to Expect

Experienced Support for Injured Pedestrians

With years of experience in Washington, I understand the challenges pedestrians face after accidents. Trust me to handle your case while you focus on healing.

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Understanding the Complexities of Pedestrian Accidents

Pedestrian accidents can deeply disrupt lives, affecting victims’ physical, emotional, and financial well-being. In 2021 alone, 7,388 pedestrians were killed and 60,557 injured in traffic crashes—84% in urban areas, with nearly one in four hit by drivers who fled the scene.

Navigating these challenges is complex, but experienced legal support ensures your rights are protected, the case is thoroughly investigated, and justice is pursued. If you or a loved one has been injured, you don’t have to face it alone—help is here. Contact me for a free consultation, and gain clarity on your legal options today.

Cite: Traffic Safety Facts 2021 Data: Pedestrians. U.S. Department of Transportation

Washington State Driver Responsibilities (RCWs)

Drivers must stop for pedestrians, bicycles, or personal delivery devices within both marked and unmarked crosswalks (RCW 46.61.235(1)).
Drivers are required to yield the right of way to pedestrians, bicycles, or personal delivery devices on sidewalks (RCW 46.61.261(1)).
Every driver must exercise due care to avoid colliding with any pedestrian on the roadway, regardless of the location (RCW 46.61.425(1)).

Key Considerations in Pedestrian Accident Cases

Rights of way are not absolute. Every case must account for specific details, such as whether the driver or pedestrian was impaired, distracted, visible, or had sufficient time to react.
Pedestrian accidents can include individuals using scooters, skateboards, bicycles, as well as other modes of transportation.
The role the injured person played in the accident—such as their behavior or level of caution—can influence their legal claim and potential compensation.

Crosswalks and Safety

While crosswalks are often viewed as safe zones, they do not guarantee safety, making vigilance by both drivers and pedestrians essential.

Supportive Guidance When You Needed It Most

Crosswalk Accident

My son had turned 18 two days prior to his accident. He was a pedestrian in a crosswalk hit by a driver, With his injuries obstained, medical bills and my son barely an adult we decided to consult with an attorney. Thank goodness Derek Radtke was there for us....his professional demeanor, attention to detail and promptly getting back with updates made the whole process much easier than ever!

Careful What You Say

Once you start talking you’re creating evidence that could be helpful or hurtful. Be mindful when talking to the following that you act in your own best interest.

Insurance Companies - Insurance companies train their representatives to handle cases like yours every day. You are at a disadvantage from the start. Calls with an insurer typically start off with the statement, “do you consent to this call being recorded.” From the beginning, evidence is being obtained. Before providing a statement to an insurance company, you should talk with a lawyer.
Law Enforcement - Statements made to law enforcement may be included in their reports and relied upon by insurers and experts.
Friends and Family - Don’t talk about privileged conversations with your lawyer, or about your case. You should not discuss, text, or post anything about your case with anyone other than your legal team. You should otherwise live your life as if there was no claim or lawsuit.
Social Media - Just don’t. Whatever you share on social media can be used against you. If you have social medical accounts, consider adjusting your privacy settings, and restricting what is posted publicly.
Doctors - You should follow medical advice as if there was no claim or lawsuit. Be sure to explain to your medical providers how your injury occurred. Don’t minimize any aspect of your injuries.

If you have been injured by the negligence of others, contact me for a free consultation.

Why Legal Guidance is Essential in Pedestrian Accidents

Having skilled legal representation is essential after a pedestrian accident. An experienced attorney can protect your rights, thoroughly investigate the incident, and work to secure the compensation you deserve.

Comprehensive Recovery

You deserve to be fully compensated for your losses. This includes the following.

Holding the at-fault party accountable
Medical expenses and treatments necessary for recovery
Loss of income resulting from both immediate and future inability to work
Disability, disfigurement, loss of enjoyment of life
Pain and suffering, both mental and physical
Inconvenience
Mental anguish
Emotional distress
Loss of society and companionship
Loss of consortium
Impact on personal and professional activities

Thorough Investigation

Without legal representation, critical investigation details may be overlooked. An attorney ensures that evidence, photographs, and witness statements are meticulously gathered and analyzed. This thorough approach uncovers every potential avenue for recovery, including identifying multiple responsible parties, addressing roadway defects or design issues, and examining all available insurance options.

Maximizing Insurance Benefits

An experienced attorney will ensure that your Personal Injury Protection (PIP) insurance, liability insurance, and any applicable Uninsured/Underinsured Motorist (UIM) insurance fulfill their obligations. They will also coordinate with health insurance providers to secure the coverage you’re entitled to.

Derek P. Radtke - Personal Injury Attorney

27+ Years of Experienced Advocacy

With 27-plus years of dedicated experience in Washington Personal Injury Law, my firm understands the nuances of pedestrian accident cases. I’m committed to guiding you through the complex legal landscape, ensuring your rights are protected and you receive the compensation you deserve.

Get Started with a Free Consultation

The Path to Justice After a Pedestrian Accident

Handling a pedestrian accident claim requires careful attention to each step, all of which play a vital role in achieving the best possible outcome. Here’s a clear breakdown of the process and how I offer guidance and support every step of the way.

A Partnership for Justice Personalized Guidance Every Step of the Way

I believe in providing more than just legal representation — I offer a partnership in your journey towards justice. My personalized service means that you’re never alone. I clearly explain every step and address every concern. By taking charge of all the legal complexities — from documentation to courtroom advocacy — I reduce your stress. This allows you to focus on recovery while I focus on securing the best possible outcome for you.

Reach Out for My Expert Guidance

Pedestrian Accident FAQs

Below are common questions people ask about pedestrian accidents and pursuing a personal injury case. If you have other questions, give me a call or text at (425) 374-4907. I’d be happy to give you a free consultation.

What Are the Main Causes of Pedestrian Accidents?

The main causes of pedestrian accidents include the following.

Distracted or impaired drivers
Speeding or aggressive driving
Failure to yield
Ignoring traffic signals
Vehicles making left or right turns at intersections
Recklessness driving
Impatient drivers
Poorly designed crosswalks
Poorly lit areas
Poorly designed or maintained sidewalks
Road construction
Bad weather
Pedestrian wearing dark clothing at night
Distracted walking
Working or playing on the road

How to Determine Fault in a Pedestrian Accident

Determining fault in a pedestrian accident involves gathering evidence from various sources, such as cameras, law enforcement investigations, and expert evaluations. Here’s how a case typically progresses.

Rules of the Road – The investigation begins with an evaluation of the road rules as outlined in the Revised Code of Washington. See RCW 46.61, et. seq.
Admission of Fault – If any party admits fault, the case then focuses on damages sustained.
Expert Opinion – When fault is disputed, experts may be consulted to provide support and testimony.
Judge Decision – If supported by the evidence, a judge may be asked to determine fault at a summary judgment hearing.
Jury Decision – If fault is not admitted and not determined on summary judgment, a jury will determine if one party, the other, or both are at fault.

When Is a Pedestrian at Fault for a Car Accident?

Fault in pedestrian accidents can be determined by a jury or play a significant role in settlement discussions. Factors that may be attributed to a pedestrian’s fault could include one or more of the following.

Inattention, such as using a cell phone
Crossing against the signal
Wearing dark clothing
Darting into the path of a vehicle
Intoxication
Failing to exercise care for your own safety

What Happens If a Pedestrian Caused an Accident?

Even if the pedestrian is at fault or partially responsible, a claim can be made. To start with, fault and the strengths and weaknesses of your claim need to be assessed and will influence settlement discussions. Absent a settlement agreement, the jury will assess fault between the two parties.

Washington is a pure comparative fault state, which means that the percentage of liability on an injured party can be 0% – 100%. That percentage is determined by a jury if the case doesn’t settle.

What Should I Do After a Pedestrian Accident?

In the event of a pedestrian accident, it’s important to act quickly and calmly. Here’s what you should do.

Move to Safety – If you can, get out of the road and move to a safe area.
Contact Emergency Services – Call 911 immediately to report the accident.
Address Injuries – Make sure any injuries are attended to as soon as possible.
Document the Scene – If you’re able, take photos of the accident scene, the vehicles involved, license plates, and the identification of everyone involved.
Seek Medical Attention – It’s important to pursue emergency care even if your injuries appear minor. Make sure to provide all relevant information to medical providers. Any impact on your head should be reported. I’ve represented many clients where a brain injury was not noted at the ER.

Do I Need a Pedestrian Injury Attorney?

It’s always a good idea to at least consult with a lawyer to understand your options. Not everyone requires legal representation, but a consultation can help determine whether a lawyer’s assistance is necessary for your specific case.

By discussing your situation, I can provide guidance on how best to proceed. This step ensures that you’re informed about your rights and can make a decision that’s in your best interest. Contact me for a free consultation.

Where Can I Find the Best Pedestrian Accident Attorney?

Finding the right pedestrian accident lawyer can start with a trusted recommendation from someone who has had a good experience working with their lawyer. You can also search online and find a wealth of options, insights, and reviews. Most accident attorneys provide free consultations, allowing you to meet with multiple lawyers to determine the best fit for your situation and legal needs.

For a free consultation regarding your pedestrian accident, contact me today.

What Is the Average Amount Awarded in a Pedestrian Accident?

Compensation for pedestrian accident cases varies greatly. Each case is unique and assessed on its own merits. Key factors influencing potential compensation include the following.

The strength of the liability argument
Circumstances surrounding the incident
Severity and permanence of injuries
Impact on your work and daily activities
Credibility of witnesses
Medical expenses incurred

A comprehensive valuation can only be made once you’ve fully recovered and all damages are clear, with potential adjustments as new information emerges. To gain a clearer understanding of what you might expect, consider reaching out for a free consultation to benefit from my expert guidance.

How Long Does It Take to Settle a Pedestrian Accident?

Each case is different, so it’s hard to predict exactly how long a pedestrian accident lawsuit will take. It depends on how complex the case is and what is in dispute. Settlements might happen shortly after you finish medical treatment, or after a verdict.

Does Car Insurance or Health Insurance Cover Pedestrian Accidents?

Yes, health and auto insurance can provide various types of coverage for pedestrian accidents, depending on the circumstances and policies involved. Here’s an outline of how coverage may apply.

Personal Injury Protection (PIP) – The at-fault party’s PIP can apply to the pedestrian, even if the pedestrian is at fault. Pedestrians with their own PIP coverage can also use it, regardless of fault.
Liability Insurance – The at-fault party’s liability coverage may help cover damages.
Underinsured/Uninsured Motorist (UIM) Coverage – The pedestrian’s underinsured motorist policy can offer additional protection if the at-fault party’s insurance is inadequate or they are uninsured.
Health Insurance – Generally covers medical expenses related to the accident, stepping in after other benefits are exhausted.

You Don’t Need a Seattle Attorney to Litigate a Seattle Case

Advantages of a Local Attorney — save time and hassle of navigating traffic by working with an attorney closer to your home. Work with an Everett Pedestrian Accident Lawyer.

Get Your Pedestrian Accident Questions Answered

What to Expect

When you’re hurt, you probably don’t know what to do. You have competing insurance companies calling you and you’re unclear of their roles and agendas. You may not be fully aware of the benefits you qualify for from your own insurance company — when was the last time you read your policy? — or even who all of the potential at-fault parties are regarding your injury.

The sooner you call the sooner your situation can be evaluated and explained to you — and the sooner I can start working to get you taken care of.

Example of what your experience might be like — from intake to completion

Free Consultation (typically done in person)
If hired, an agreement is signed by both parties. No retainer or advanced cost is required
Notice of representation. I will contact and work with all of the involved Insurance companies.
Ensure medical treatment is given and the proper insurer is paying for it
Assist with damaged vehicle if applicable
Acquire medical records when needed
Once treatment is done, the value of the case can be assessed based on all information available
Settlement negotiations occur
If no settlement is reached a lawsuit is filed
After a lawsuit is filed, a trial date is set
Discovery begins. Discovery will include interrogatories which are written questions answered under oath, and depositions where you’ll be asked questions under oath. In some cases, you may be asked to be examined by a medical expert hired by the defendant.
Many cases settle after the discovery process concludes either informally or through mediation.
If not settled, then trial prep continues.
Trial proceeds.
The verdict is rendered and judgment obtained

Every case is unique and the above is just a general outline of what you may experience. Because both sides are continually weighing the strengths and weaknesses of the case, a case can settle at any time — even during jury deliberations.

Don’t Let Someone Else’s Mistake Ruin Your Life

Regardless of where you’re at in the process, if someone else's mistake or negligence caused you an injury, please submit my free consultation form or give me a call at (425) 374-4907. I can help get things sorted out and make sure you’re getting the medical treatment and benefits you’re entitled to.

I look forward to discussing your case with you,
Derek P. Radtke