Pedestrian Accident FAQ

If you suffered an injury in a pedestrian accident, you have come to the right place. At the Law Offices of Matthew D. Dubin we have years of experience handling claims resulting from pedestrian accidents. We take your claim seriously, and we are committed to providing you the highest quality of representation. Our clients love us because we understand what they are going through. We listen to their concerns and we always return their calls. We provide compassionate counsel throughout the claims and litigation process and we provide expert and aggressive representation against the insurance companies, which will often try to blame you for causing the accident or minimize your damages.

Below are some frequently asked questions about pedestrian accidents and legal claims resulting from these dangerous and all too common events. At the bottom of the page, you can request a free consultation to discuss your possible claim, as well as a free informational brochure.

Should I hire an attorney in my pedestrian accident case?

It is important to have an experienced pedestrian accident attorney to protect your rights and to make sure the insurance company does not take advantage of you. A Seattle pedestrian accident attorney can coordinate with all of the various insurance companies and health care providers, can conduct a comprehensive investigation and can document your injuries to make sure you get the recovery you deserve.

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How long do I have to file a lawsuit in a pedestrian accident case?

All cases in Washington are subject to a Statute of Limitations, which requires that a lawsuit be filed within a certain time following the accident. Depending on the circumstances of the case, this period could vary. It is important that you consult with an attorney knowledgeable in pedestrian accident cases as soon as possible following the accident.

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What kind of damages can I recover in a pedestrian accident case?

Just as with a car accident case, victims of a pedestrian accident may recover the cost of their medical bills, lost earnings and other expenses. In addition, a pedestrian accident victim may make a recovery for pain, emotional distress, disability, disfigurement, loss of enjoyment of life, damage to family relationships and impaired future earnings. In the case of a death caused by a pedestrian accident, the family may recover for the pain and suffering of their family member before his death, as well as loss of emotional support, love affection and care, and in certain cases, loss of economic support.

Who will pay my medical bills following a pedestrian accident?

Insurance coverage following a pedestrian accident can get complicated. If the vehicle that hit you has personal injury protection (PIP) coverage, that coverage will pay your medical bills. If the driver did not have PIP coverage, that the pedestrian's own auto insurance or health insurance could provide coverage. Ultimately, any recovery made from the driver who caused the accident should include medical bills as well as non-economic damages.

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If I am a pedestrian hit by a motor vehicle, can I sue anyone other than the driver?

A qualified pedestrian accident attorney will explore every possible claim for damages you might have following an accident. For example, if the roadway or sidewalk was poorly designed or poorly lit, that could result in a claim against the city or other governmental entity responsible for the sidewalk. If there was recent maintenance on the vehicle that was done improperly, there may be a claim against the repair shop.

What if I was not walking in a crosswalk at the time of the accident?

It is always recommended that pedestrians obey the rules of the road, and only cross at designated areas. However, just because you were not in the crosswalk does not mean you can't make a recovery for your injuries. Drivers have a duty under Washington law to exercise reasonable care for the safety of others sharing the road. Even if you are partially at fault for causing the accident, you can still make a recovery, however any damages you recover will be reduced by your percentage of fault.

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Can I make a claim against the driver who hit me?

Yes. As long as it can be shown that the driver was at least partly at fault for causing the accident you can make a recovery for medical bills, lost earnings and non-economic damages.

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What should I do immediately after being involved in a pedestrian accident?

Above all, please make sure you are physically ok. If you think you might be hurt, stay where you are and wait for aid personnel to assist you. If you are hurt and you try to move around, you could injure yourself more seriously. Pedestrians who have been hit by motor vehicles are much more likely to be killed or seriously injured than occupants of cars. Once you have established that you are ok, if you are able, you should follow the same steps outlined in our car accident FAQ: Call the police, gather information, take photographs and seek medical attention. Do not speak to the driver's insurance company before speaking with a qualified Seattle pedestrian accident attorney.

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