How Does the Presence of a Pedestrian Impact the Outcome of a Traffic Accident Claim?

Pedestrians and Traffic Accidents: Understanding the Legal Implications

The presence of a pedestrian in a traffic accident can add layers of complexity to the claims process. It requires careful consideration of fault, the injuries sustained, and a detailed understanding of applicable traffic laws and insurance policies. Both the pedestrian’s and the driver’s actions are scrutinized to determine liability and appropriate compensation.

Determination of Fault

Determining fault in a traffic accident involving a pedestrian is a complicated process that involves examining many factors, including adherence to traffic laws, the behavior of both the pedestrian and the driver, and the specific circumstances of the incident.

Duty of Care

Duty of care refers to the legal obligation that individuals have to exercise a reasonable level of care to avoid causing harm to others. Both drivers and pedestrians have specific duties of care in traffic scenarios, and a breach of this duty can lead to liability in an accident. Determining fault involves assessing whether either party breached their duty of care. Drivers are generally expected to exercise high caution in areas with pedestrian traffic.

Comparative Negligence

Washington State follows a comparative negligence system. Under this system, individuals may seek compensation for injuries and other losses even if they were partially responsible for the accident. However, their settlements will be reduced by the percentage of their responsibility. For example, if an individual’s total damages are $100,000 and they are 50% at fault, their award is reduced by $50,000. This system allows for compensation even if one is partially at fault for an accident.

Traffic Laws and Right-of-Way

Adherence to traffic laws, such as crosswalk usage, traffic signals, and pedestrian right-of-way, plays a critical role. If a pedestrian is jaywalking or crossing against a signal, their claim might be negatively affected.

Impact on Compensation

The presence of a pedestrian in a traffic accident can significantly impact the compensation awarded in a claim. Compensation is based on factors such as the severity of injuries, determination of fault, and insurance coverage.

Severity of Injuries

Due to their vulnerability, pedestrians often suffer severe injuries in traffic accidents. The more severe the injuries, the higher the compensation is likely to be. Serious injuries often require extensive medical treatment and lead to substantial pain and suffering, which are considered when determining compensation.

Determination of Fault

The determination of fault significantly impacts compensation. If the driver is found entirely at fault, the pedestrian can typically recover full compensation for their damages. In cases where the pedestrian and the driver share fault, compensation is adjusted according to the degree of each party’s fault. For example, if pedestrians are found 50% at fault, their compensation is reduced by 50%. If pedestrians are found entirely at fault, they may not receive compensation.

Insurance Policies

The driver’s auto insurance typically covers bodily injury liability, including pedestrian injuries. The policy’s coverage limits can affect the compensation amount. If the driver is uninsured or underinsured, the pedestrian may need to seek compensation through their insurance policies.

Legal and Procedural Considerations

When a pedestrian is involved in a traffic accident, legal and procedural considerations are crucial in determining the outcome of the claim. These considerations include the initial accident response, evidence collection, insurance interactions, and potential litigation.

Initial Response and Reporting

After an accident involving a pedestrian, immediate actions include calling emergency services, ensuring medical assistance for the injured pedestrian, and securing the accident scene to prevent further harm. Police involvement is essential as officers document the accident scene, collect statements from the driver, pedestrian, and witnesses, and create an official report. This report is critical evidence in determining fault and processing insurance claims.

Evidence Collection

Collecting evidence from the accident scene includes taking photographs, noting the vehicles’ and pedestrians’ positions, and identifying relevant traffic signs or signals. Witnesses provide unbiased accounts of the incident. Collecting contact information and detailed statements from witnesses can offer support for or refute claims made by the involved parties. If available, footage from nearby surveillance cameras or traffic cameras can offer objective visual evidence of the accident, clarifying the actions of the driver and the pedestrian.

Insurance Interactions

Both the driver and pedestrian must file claims with their respective insurance companies. The driver’s auto insurance typically handles the bodily injury liability, while the pedestrian’s health or auto insurance (if applicable) might cover some medical costs and other damages. Insurance adjusters investigate the accident and review the police report, medical records, and other evidence. They will determine the extent of the insurance company’s liability and propose a settlement. Insurance companies may offer lower settlements. Negotiation, often facilitated by legal representation, is essential to ensure fair compensation.

Legal Representation and Litigation

Given the complexity of traffic accident claims involving pedestrians, legal representation is often necessary. A personal injury attorney can navigate legal procedures, negotiate with insurance companies, and build a strong case. Many cases are settled before reaching court. Attorneys can negotiate settlements that adequately cover medical expenses, lost wages, and other damages without prolonged litigation. If a fair settlement cannot be reached, a lawsuit may be filed with the court.

South Sound Law Group Protects Your Rights Following a Car Accident

At South Sound Law Group, we understand that car accidents can happen to anyone. If you’ve been in a car accident, you need an experienced and dedicated legal team to fight for your rights. We conduct thorough investigations, collect vital evidence, and build a strong case to support you. Contact South Sound Law Group today at 253-465-2722 to schedule a free consultation.