Kent pedestrian accident lawyer
As more people try to do their part to protect the earth and go green, and as more Americans become more conscious of their health and things they can do to improve it, walking is becoming a more popular activity. Indeed, the United States Centers for Disease Control and Prevention advocates for individuals to add walking to their daily routine for optimal health. And there’s no doubt about it; walking is good for you, and is a much more sustainable option than is driving.
But walking is not without risks, and in the state of Washington alone, there are hundreds of pedestrians involved in fatal and injury collisions. Most pedestrian accidents are the result of negligence, and would never occur but for a party’s failure to exercise a greater duty of care.
At the office of the Khan Injury Law, PLLC, our pedestrian accident lawyers in Kent know how devastating pedestrian accidents can be. If you or a loved one has been involved in a pedestrian crash, we want to help you. Call our law offices today to learn more about your legal rights.
Pedestrian Accidents Are Tragic
Those who are in a motor vehicle have a number of protections that keep them from suffering serious injuries, especially when traveling at low speeds at the time of crash. For example, seatbelts and airbags are two major injury-preventers, but crumple zones, door frames, and more also provide levels of protection that help to reduce the impact of a crash and avoid serious harm.
But pedestrians don’t have any of these protections. When a car crash with a pedestrian occurs, it’s just the pedestrian’s body vs. 4,000+ pounds of metal. As such, the effects of a pedestrian accident can truly be devastating, and when not fatal, a pedestrian may suffer:
- Head, neck, and back injuries;
- Facial injuries;
- Brain injuries;
- Spinal cord injuries, including paralysis;
- Internal injuries;
- Bone fractures;
- External injuries;
- Bruises and laceration;
- Road burn and friction injuries;
- Permanent scarring and disfigurement;
- Amputation injuries; and
- Psychological injuries.
Injuries can be so painful and limiting that the individual requires weeks’ or months’ worth of medical care, may require permanent in-home care, can never return to work or earn an income, suffers a change in their personality and emotional and mental wellbeing, suffers from damaged relationships, including romantic relationships, and more. The total toll of a pedestrian accident can be hundreds of thousands, or even millions, of dollars in combined economic and noneconomic losses.
Liability for a Pedestrian Accident in Kent, WA
Liability for a pedestrian accident in Kent is based on fault. In other words, whoever caused the pedestrian accident is responsible for paying for it. This means that if a pedestrian caused the crash, even if they suffered thousands of dollars in injuries, they cannot hold the other driver liable for it, and may even be barred from compensation themselves if they do not carry certain insurance types.
The state of Washington also recognizes the rule of contributory fault, found in the Revised Code of Washington section 4.22.005. This rule holds that liability is proportionate to fault, and that while a party who is partially at fault for their own injuries can still recover compensation from the party who was mostly at fault for injuries, the amount of damages recoverable will be diminished in proportion to percentage of fault. For example, if a pedestrian is 10 percent to blame for a crash, they can hold the driver liable for 90 percent of their damages.
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Determining Fault and Liability after a Pedestrian Accident in Kent
Because who pays for an accident depends on who caused the accident, determining fault after a pedestrian accident is critical. You can also be sure that if you have been hit by a car and are attempting to hold the driver involved 100 percent responsible for your damages, the insurance adjuster will be looking for ways to reduce their client’s liability, and therefore reduce the amount of damages you can recover. We strongly recommend hiring a Kent, WA pedestrian accident attorney who can investigate your claim and prove the fault of the other driver. There are many pieces of evidence that go into making a fault determination, which your attorney can collect on your behalf. These pieces of evidence include:
- Police reports;
- Eyewitnesses’ reports;
- Reports and testimonies from both parties involved (you and the other driver);
- Physical evidence, such as skid marks;
- Medical evidence (i.e. medical evidence shows that the victim was struck at angle X, meaning that the vehicle had to be traveling from direction Y, etc.);
- Testimony from experts, including forensic experts and accident reconstruction specialists;
- Photographic or video evidence, if in existence;
- Vehicle control module data; and
- Any other types of evidence available.
Investigating a pedestrian accident can be expensive and time consuming, so it is important to hire an attorney who has the resources available to fully dedicate to your case.
Damages Available after a Pedestrian Crash in Kent
Our lawyers understand that damages that a pedestrian occurs in a crash are multiple; it’s not just a broken leg or a mild concussion that you’re dealing with. Surely, you deserve to be compensated for the full extent of damages that you’ve suffered, including compensation for:
- Pain, suffering, and emotional distress;
- Past and future medical expenses;
- Any property damage expenses you’ve incurred;
- Past and future lost wages and loss of earning capacity; and
- Any other economic or noneconomic damages.
We know how to recover damages
Our Kent, WA Pedestrian Accident Lawyers Are Here for You
Being hit by a car can change your life. If you or a loved one are involved in a pedestrian accident, please call our law offices immediately for a free case consultation where we can learn more about your accident, and provide you with the legal answers you’re looking for. It is important that you act quickly, as the clock on the statute of limitations is ticking.
Our lawyers work on a contingency fee basis, and truly care about you. We always put our clients’ best interests first. To learn more, please call our law office today, or send us a message describing your accident using the contact form on our website.
At Khan Injury Law, we have helped numerous pedestrian accident victims, and understand what you are going through. Call us today for a free case consultation to begin the process of getting your life back.