Pedestrian Accident Attorneys in Yakima WA

What to Do to Protect Your Rights If You Are Hit by a Car

After you’ve been hit by a car while walking as a pedestrian, take these steps to help protect your legal right to pursue compensation from the at-fault party.

1. Call 911 or the police. If you have been injured, call 911 or have someone else call 911. Have paramedics examine you at the scene and transport you to the hospital for further treatment if necessary. If you didn’t suffer any apparent injuries in the accident, you should still contact the local police department. The officer who comes to the scene will prepare a police accident report. This report is often key evidence in a pedestrian accident claim. Obtain a copy of the report from the police department.
2. Get the contact and insurance information of the other driver. This information may be included in the police report. It will be needed if you later file a claim for compensation.
3. Get statements or contact information from any eyewitnesses. You will need that contact information if you later need a statement or testimony from them.
4. Document the accident scene. If safe to do so, either you or someone you know should photograph or video the accident scene. The photos or videos should show any damage to the vehicle that hit you, any skid marks in the road, the road lines and crosswalks and traffic controls at the scene of the accident, and the lighting, weather, traffic, and road conditions at the time of the accident. Also photograph any visible injuries you may have suffered.
5. Get examined by a physician. If you are not treated by paramedics at the accident scene, you should still follow up with your local emergency room or with your primary physician. Pain and other symptoms of injuries may take hours, days, or even weeks to show up. However, a medical professional can diagnose any problems in a physical exam. Promptly diagnosing your injuries allows you to receive treatment more quickly. A diagnosis also helps you show that those injuries were caused by your pedestrian accident.
6. Talk to a pedestrian accident attorney. Speak with an attorney as soon as possible after your accident. That will allow the lawyer to quickly begin an investigation into your accident and start the process of pursuing compensation for your injuries and damages.

Avoid talking to anyone about your accident, except through your attorney. Refer any requests for a statement to your attorney. Avoid posting about your accident on social media, as your posts may be used against you.

People Most at Risk for a Pedestrian Traffic Accident

The increase in pedestrian traffic is due, in part, to an emphasis on personal health and the environment. For instance, environmentally conscious individuals may walk or ride a bicycle whenever practical. Health-conscious Washington residents often walk to stay in shape while enjoying the state’s scenery. Other people walk as a practical way to get where they are going.

Unfortunately, pedestrians are at risk of becoming the victim in a traffic accident. These factors and characteristics increase the risks pedestrians face:

• Age – Both children and older adults are at a higher risk of injury in pedestrian traffic accidents. According to the CDC, adults over the age of 65 accounted for almost 20 percent of all pedestrian traffic deaths. In one recent year, those older adults accounted for more than 10 percent of all injuries.
• Impairment – CDC data from 2019 found that 46 percent of all traffic-related pedestrian accident fatalities involved alcohol impairment by the motorist or the pedestrian.
• Location – Most fatal pedestrian traffic accidents occur in urban areas. Dark country roads can set the stage for a tragic pedestrian accident, but urban streets are the more likely scene. Speed often plays a role. Higher posted speed limits increase the probability of a pedestrian fatality, according to the NHTSA.
• Time – The hours between 3 a.m. and 6 a.m. are statistically the riskiest for a pedestrian. Also risky for pedestrians are the hours between 6 p.m. and 9 p.m. In addition, the two deadliest days of the year for pedestrians are January 1 and October 31.

If you or a loved one are taking a walk and have any of those risk factors, you should take extra care while out for a walk. Remain extra vigilant for vehicle traffic, especially when crossing an intersection. Never assume that a moving vehicle will stop, even when you have the legal right-of-way.

Washington State Pedestrian Laws

The pedestrian laws in Washington state are fairly straightforward and pedestrian-friendly. The more important pedestrian laws include:

• RCW 46.61.245 – Every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway and shall give warning by sounding the horn when necessary.
• RCW 46.61.250 – Pedestrians must use sidewalks when they are available. If sidewalks are not available, pedestrians must walk on the left side of the roadway or its shoulder facing traffic.
• RCW 46.61.261 – Drivers and bicyclists must yield to pedestrians on sidewalks and in crosswalks.
• RCW 46.61.235 – Vehicles shall stop at intersections to allow pedestrians and bicycles to cross the road within a marked or unmarked crosswalk.
• RCW 46.61.050 – Pedestrians must obey traffic signals and controls unless otherwise directed by a traffic or police officer.
• RCW 46.61.240 – Pedestrians crossing at points other than a marked crosswalk or an unmarked crosswalk at an intersection must yield the right of way to all vehicles in the road.

If the motorist was at fault for the accident, the pedestrian victim (or surviving family members in a fatal accident) may be entitled to compensation for the injuries caused by the collision.

Talk to Our Yakima Pedestrian Accident Attorney Today

After you or a loved one have been injured in a Yakima pedestrian accident through no fault of your own, contact Mariano Morales Law. Call us today to schedule a free, no-obligation consultation. You can talk to our Washington pedestrian accident lawyers about your case. Learn how our firm can ensure you receive full financial compensation for your injuries and damages.