A 55-year-old Edmonds man received treatment at a Seattle-area hospital on Nov. 27 after being hit by a car while crossing the Pacific Highway. According to police, the injured man was not using a marked crosswalk when he stepped into the path of a vehicle driven by a 20-year-old local resident. Fortunately, the pedestrian appears not to have suffered terribly severe injuries, but he did receive treatment for injuries to his right leg.
The accident remains under investigation, and the conclusions of that investigation may be critical in determining exactly who is at fault for the collision. Washington law requires pedestrians to yield to oncoming vehicles when crossing a roadway outside of a marked crosswalk. On the other hand, state law also requires drivers to exercise care to avoid hitting pedestrians on the roadway and to sound the vehicle's horn as a warning whenever possible.
In order to decide who was at fault for the accident, investigators will need to determine whether the driver failed to exercise appropriate caution that might have enabled him to avoid the crash. In many cases, and especially with the modern prevalence of cell-phone use or texting while driving, avoidable pedestrian accidents are caused by an inattentive driver.
Regardless of the fact that the injured man was not using a marked crosswalk, the driver's own negligence may make him liable for the accident. A pedestrian injured by a negligent driver may be entitled to compensation from the driver and the driver's insurance company. This compensation could include costs for medical care, lost wages and, in some cases, non-economic damages such as pain and suffering. An experienced personal injury attorney can help injured Washingtonians ensure fair compensation for the costs of an accidental injury.
Source: Edmonds Patch, "Car Hits Pedestrian Crossing 76th Avenue West in Edmonds," Brian Soergel, Nov. 28, 2012