Call Us atWalking along the streets of Lynwood can be an enjoyable experience for exercising and seeing beautiful scenery. However, pedestrian accidents can quickly erase this enjoyment. They may leave you with serious injuries as you are in a more vulnerable position compared to drivers and others on the road.
When these accidents occur, a Lynwood pedestrian accident lawyer could be a valuable resource in discovering your legal options and pursuing compensation from those at fault. Contact a personal injury attorney to discuss your claim.
What Are Some Common Causes of Pedestrian Accidents?
Many different factors could contribute to the cause of a pedestrian collision. Further, these types of accidents often require the involvement of others who occupy busy streets and sidewalks, such as a motor vehicle or bicycle. Some common events that could lead to a pedestrian accident might include the following:
- Distracted drivers
- Failure to monitor places with heavy foot traffic when driving (e.g., crosswalks and parking lots)
- Violating standard traffic laws like speeding or running stop signs
- Poor visibility due to rainy weather or driving at night
- A lack of proper lighting
- Broken traffic equipment
Sometimes, pedestrian accidents are the result of poor road design or the neglected maintenance of existing roadways, for example, having posted speed limits in areas with high pedestrian populations or not providing proper crosswalks or sidewalks for pedestrians. These causes could tie back to the misconduct of state agencies and local governments responsible for them, particularly the Washington State Department of Transportation (WSDOT). A lawyer in Lynwood could determine the cause of a pedestrian accident and hold those at fault responsible.
Obtaining Compensation for Pedestrian Injuries
When another causes a pedestrian crash, the injured person may have a legal right to compensation. This compensation is meant to cover the costs of physical injury, including medical expenses and lost wages. A person’s pain and suffering in their daily activities, or other loss of enjoyment after an accident, could also be compensable as noneconomic damages.
Obtaining available compensation often requires filing appropriate notices and claims to the parties at fault or liable for the injury. This could be an individual or an organization as well as their insurers in control of applicable policies. Depending on the nature and complexity of the injury, a plaintiff could negotiate compensation through settlement or may require a more formal proceeding by filing a lawsuit in state court.
In either case, a pedestrian accident attorney in Lynwood could advise on the benefits and risks of both approaches. A key part of choosing the right approach is protecting the injured pedestrian’s right to file a legal claim, which RCW 4.16.080 limits to three years from the date of the accident.
When Comparative Fault Could Apply to a Pedestrian Accident
Washington recognizes the rule of comparative fault, which applies in injury cases where the injured person played a role in causing the accident. This could limit a potential judgment for compensation by the percentage of fault. Most pedestrian accidents are outside of a person’s control, and responsibility belongs solely to drivers and other parties.
However, the defendant’s counsel could be quick to highlight ways a pedestrian contributed to their own injuries, such as jaywalking, disobeying traffic signals, moving in front of oncoming traffic, or not wearing reflective materials when walking at night. A pedestrian accident attorney in Lynwood could provide a defense to these types of claims for an injured person and attempt to mitigate their effect in obtaining compensation.
Get Additional Help from a Lynwood Pedestrian Accident Attorney
Whether you have concerns about comparative fault or need help navigating the legal process for a claim, meeting with a Lynwood pedestrian accident lawyer could be beneficial. During a consultation, you can discuss the issues of your case and get a better understanding of the potential compensation available. Contact us today to learn more about filing a claim.
