What should pedestrians hit by a car do to file a claim?

Walking can be great exercise. But walking near roads can have unintended consequences – like getting struck by a car or truck. These pedestrian accidents can cause serious injuries or even death. If so, Washingtonians may want to file a lawsuit.

What should they do right after the accident? A lot of the same things a person does after a car accident. For starters, get as much stuff in writing as possible. Jot down everything you can recall about the accident, your injuries and any other losses that flowed from the accident (such as lost wages). Likewise, take notes of all conversations that you have with individuals either involved in the accident or the injury claim.

In addition to getting things in writing, preserve as much evidence as possible. Take pictures, pick up physical items and speak with witnesses. The more evidence, the stronger your case.

Next, tell the responsible parties that you plan to file a claim. The duty to notify is especially important if the responsible party is a government agency or employee (because there are often time limits that bar claims if the filer did not provide notice soon enough).

From there, consider speaking with an experienced auto-pedestrian accident about your situation to examine the strength of your case. Often unexpected factors a Washingtonian may not consider can have huge ramifications for or against their case. For example, pedestrians have a duty to obey traffic laws and to pay attention to the traffic around them. To the extent they do not, the amount of money they may collect will be reduced. Take an example. If a person suffered $100,000 of harm, but was 40-percent responsible, then they would only receive $60,000 (i.e., $100,000 – $40,000).

Source: FindLaw, “Pedestrian Accidents FAQ,” Accessed Sept. 13, 2016

Matthew D. Dubin

Matt Dubin has spent more than 20 years honing his skills as one of the top personal injury lawyers in the State of Washington. In his career, Matt has focused on protecting consumers from dangerous household products, medical mistakes, roadway accidents, and many other causes of injury. Matt has recovered nearly $20 million on behalf of his clients.

Education

• University of Washington School of Law, Seattle, Washington – J.D.
• Yale University, New Haven, Connecticut – B.A.

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