Bellevue Pedestrian Accident Attorneys

WASHINGTON PERSONAL INJURY

A pedestrian has little protection when struck by a car, truck, or other vehicle. Even a collision at a relatively low speed can leave someone facing serious injuries, medical bills, time away from work, and a difficult recovery.

McNeese & Trotsky, PLLC, represents pedestrians injured throughout Bellevue and King County. Our Bellevue pedestrian accident attorneys investigate how crashes happen, gather evidence, identify responsible parties and insurance coverage, document damages, and handle negotiations with insurance companies.

If you or a family member was hit by a vehicle while walking in Bellevue, contact our law firm for a free consultation.

Help After a Pedestrian Accident in Bellevue

Pedestrian accident claims involve different questions than collisions between two vehicles. Where the pedestrian was walking or crossing, whether a crosswalk was marked or unmarked, the driver’s actions, traffic signals, visibility, and the movements of both parties can become important.

Our legal team can investigate the accident and determine what evidence supports the claim. That may involve reviewing a police report, locating witnesses, seeking available camera footage, examining the accident scene, reviewing medical records, and determining whether the driver or another party was negligent.

Pedestrian injury claims are part of our broader Bellevue personal injury practice, but these cases require particular attention to Washington pedestrian laws and the circumstances surrounding the collision.

Pedestrian Accidents on Bellevue Streets and Crosswalks

Bellevue combines busy commercial areas, residential neighborhoods, major intersections, shopping destinations, offices, parking areas, and roads carrying traffic into and through Downtown Bellevue. All of these environments can put pedestrians and vehicles close together.

Pedestrian accidents may happen along Bellevue Way, NE 8th Street, 108th Avenue NE, 112th Avenue NE, 148th Avenue NE, and other roads throughout Bellevue. Collisions can also happen in parking lots, driveways, residential areas, school zones, and near businesses where drivers may be entering or leaving traffic.

Downtown intersections present their own risks. A pedestrian may have the right to cross while a driver is turning through the same intersection. A driver focused on oncoming vehicle traffic may fail to notice someone already entering or moving through the crosswalk.

Where a Bellevue pedestrian accident occurs can affect what evidence is available. Traffic cameras, nearby business surveillance footage, witnesses, traffic signals, crosswalk markings, road signs, and lighting conditions may all become relevant.

Drivers Must Stop for Pedestrians in Washington Crosswalks

Washington law requires an approaching driver to stop and remain stopped for a pedestrian within a marked or unmarked crosswalk when the pedestrian is within the portion of the roadway specified by state law.

That distinction matters because a crosswalk does not always need painted lines to exist.

An intersection may contain an unmarked crosswalk. As a result, determining whether a pedestrian had crossing rights requires more than looking for white stripes painted across the street.

Washington law also prohibits a pedestrian from suddenly leaving a curb or other place of safety and entering the path of a vehicle that is too close for the driver to stop.

A Bellevue pedestrian accident claim should therefore examine the entire sequence of events, including where the pedestrian entered the roadway, the driver’s speed and direction, traffic controls, visibility, and whether either party had enough time to react.

Drivers Have a Duty to Exercise Care Around Pedestrians

Washington law separately requires drivers to exercise due care to avoid colliding with pedestrians on the roadway. Drivers must also take proper precautions when they observe a child or an obviously confused or incapacitated person on a roadway.

This duty can become important when a pedestrian collision occurs outside the most straightforward crosswalk situation.

A driver may contribute to a pedestrian accident by:

• Failing to stop at a crosswalk
• Failing to yield while turning
• Driving while distracted
• Speeding
• Following traffic without watching the roadway ahead
• Running a red light or stop sign
• Backing without checking behind the vehicle
• Driving while impaired
• Driving too fast for visibility or weather conditions

The question is not simply whether a car hit a pedestrian. The evidence must be used to determine whether negligence caused the collision.

Pedestrian Accidents Outside a Crosswalk

Being hit outside a painted crosswalk does not automatically determine who is legally responsible for a pedestrian accident.

Washington law generally requires pedestrians crossing a roadway somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection to yield the right-of-way to vehicles on the roadway. Pedestrians also generally must use a marked crosswalk when crossing between adjacent intersections controlled by traffic signals.

Those rules do not automatically erase a driver’s responsibilities.

Washington still requires drivers to exercise due care to avoid hitting pedestrians, and the actions of both the driver and pedestrian may need to be considered when determining fault.

This is why describing a case simply as “jaywalking” can leave out important facts. The location of the crossing, nearby intersections, traffic controls, driver behavior, visibility, and timing of the collision all matter.

Evidence Can Help Establish What Happened

Pedestrian accidents sometimes leave very different accounts of the same event. The driver may claim the pedestrian entered the roadway unexpectedly, while witnesses or video evidence may show something different.

Potential evidence includes:

• Police reports
• Photos and videos from the accident scene
• Traffic camera footage
• Surveillance video from nearby Bellevue businesses or properties
• Witness statements
• Vehicle damage
• Physical evidence from the roadway
• Traffic signals and crosswalk markings
• Cell phone records when distracted driving is suspected
• Medical records
• Medical bills
• Employment and wage records

Accident reconstruction experts may also be used when speed, visibility, impact location, vehicle movement, or other technical issues are disputed.

Evidence can disappear. Surveillance footage may be overwritten, road conditions can change, and witnesses may become difficult to locate. Preserving available evidence early can make a meaningful difference in understanding how the collision occurred.

Washington Comparative Fault Can Apply to Pedestrian Accidents

Washington follows a pure comparative fault system. A pedestrian can recover compensatory damages even when assigned part of the responsibility for an accident, but the recovery is generally reduced according to the pedestrian’s percentage of fault.

For example, if a pedestrian suffered $100,000 in compensatory damages but was found 25% responsible, the damages would generally be reduced to $75,000.

Comparative fault can become especially important when a collision happens outside a crosswalk, when visibility is disputed, or when the driver and pedestrian disagree about traffic signals or their movements immediately before impact.

An insurance company alleging that a pedestrian contributed to an accident does not automatically end the claim. The evidence should determine how responsibility is allocated.

Serious Injuries From Pedestrian Accidents

A pedestrian does not have a vehicle frame, seat belt, or airbag to absorb the force of a collision. Injuries can occur from the initial vehicle impact and again when the pedestrian strikes the pavement or another object.

Pedestrian accident injuries may include:

• Traumatic brain injuries
• Head injuries and concussions
• Spinal cord injuries
• Back and neck injuries
• Broken bones and fractures
• Internal injuries
• Knee, leg, hip, and pelvic injuries
• Nerve damage
• Soft tissue injuries
• Scarring and disfigurement
• Chronic pain
• Partial or full paralysis
• Permanent disability

Some injuries may require surgery, physical therapy, rehabilitation, or ongoing medical care.

Seek appropriate medical attention after being struck by a vehicle, even if you are unsure how serious the injuries are. Medical records can document your symptoms, diagnosis, treatment, and future care needs.

Compensation After a Bellevue Pedestrian Accident

A pedestrian accident claim may seek compensation for both economic and non-economic damages caused by the collision.

Economic damages may include:

• Emergency medical care
• Hospital and doctor bills
• Surgery
• Physical therapy and rehabilitation
• Future medical expenses
• Lost wages and lost income
• Reduced earning capacity
• Damaged personal property
• Other documented financial losses

Non-economic damages address losses without a fixed bill or receipt. These may include physical pain, emotional distress, disability, disfigurement, and loss of enjoyment of life.

There is no standard value for a pedestrian accident claim. The amount that may be recovered depends on factors such as the injuries, medical treatment, future care, time away from work, permanent limitations, available insurance coverage, disputed fault, and supporting evidence.

Insurance Companies May Dispute Pedestrian Accident Claims

The driver’s insurance company may investigate both liability and damages after a pedestrian accident.

An insurance adjuster may question where the pedestrian was crossing, whether the driver had enough time to stop, whether the pedestrian was visible, or whether the injured person contributed to the collision. The insurer may also review medical treatment and dispute whether all claimed injuries or expenses resulted from the accident.

McNeese & Trotsky can handle communication with insurance companies, gather evidence supporting the claim, document damages, and respond when an insurer attempts to shift fault to the injured pedestrian.

Before accepting a settlement, it is important to understand what losses the payment is intended to resolve and whether ongoing treatment or future damages remain.

Hit-and-Run and Uninsured Driver Accidents

A pedestrian may still have insurance options when the driver who caused the accident leaves the scene or does not have liability insurance.

Depending on the policies and circumstances involved, uninsured motorist coverage may become relevant. Other potentially responsible parties or insurance policies may also need to be investigated.

Hit-and-run accidents can make evidence preservation particularly important. Witness information, traffic cameras, business surveillance footage, vehicle descriptions, debris, and the police investigation may help identify the driver.

Our attorneys can review available insurance coverage and determine what potential sources of recovery exist based on the circumstances.

Fatal Pedestrian Accidents and Wrongful Death

Some pedestrian collisions cause fatal injuries. When a person’s death results from another party’s negligence or wrongful act, eligible parties may have the right to pursue a wrongful death claim.

Wrongful death cases involve different legal and damages issues than nonfatal injury claims. Depending on the circumstances, recoverable damages may include certain financial losses and other damages available under Washington law.

McNeese & Trotsky can investigate the pedestrian accident, preserve evidence, identify responsible parties and insurance coverage, and explain the options available to the family.

Steps to Take After a Bellevue Pedestrian Accident

Your health comes first after being hit by a vehicle.

When possible:

1. Call 911. Request emergency assistance when needed and report the collision.
2. Seek medical attention. Some serious injuries may not be obvious immediately after impact.
3. Photograph the scene. If you can do so safely, document the vehicle, roadway, crosswalk, traffic signals, signs, and surrounding area.
4. Get the driver’s information. Obtain identifying and insurance information when possible.
5. Collect witness information. Names and contact information can be useful if fault is later disputed.
6. Preserve clothing and personal items. Damaged items may become physical evidence.
7. Save your records. Keep medical bills, insurance correspondence, receipts, and records showing missed work.
8. Avoid guessing about fault. Give accurate factual information, but do not speculate about something you did not see or do not remember.
9. Consider speaking with a pedestrian accident attorney. Early investigation can help identify evidence that may otherwise disappear.

If your injuries prevent you from gathering evidence, do not put your health at risk. Police, witnesses, family members, or an attorney may be able to help obtain information later.

The Deadline for Filing a Washington Pedestrian Injury Lawsuit

Washington generally provides three years for an action involving injury to a person. The exact deadline can vary depending on the parties and circumstances involved.

Claims involving a government entity can also involve additional claim procedures before a lawsuit may be filed.

The legal deadline is not the only reason to act promptly. Bellevue traffic or surveillance video may not be stored indefinitely, witnesses may become difficult to locate, and physical evidence can disappear.

An attorney can identify applicable deadlines and begin preserving evidence before those problems develop.

Pedestrian Accident Cases Are Handled on a Contingency Fee Basis

McNeese & Trotsky handles pedestrian accident cases on a contingency fee basis. Clients do not pay hourly attorney fees while the case is pending. Attorney fees are instead tied to the outcome according to the written fee agreement.

The terms of the contingency fee and potential case expenses should be explained before representation begins.

Our firm also offers a free consultation so you can discuss what happened, ask questions about the legal process, and learn what evidence may be relevant to the pedestrian accident claim.

How McNeese & Trotsky Handles Bellevue Pedestrian Accident Claims

Pedestrian accidents require an investigation focused on both Washington traffic law and what actually happened at the location of the collision.

McNeese & Trotsky represents injured people from our Bellevue office. Our legal team can:

• Investigate the accident scene
• Obtain available police reports
• Seek traffic and surveillance video
• Interview witnesses
• Examine crosswalks, signals, signs, and other roadway evidence
• Review medical records and treatment
• Document medical expenses, lost wages, and other damages
• Identify potentially liable parties
• Review applicable insurance coverage
• Handle communication with insurance adjusters
• Work with accident reconstruction and medical experts when appropriate
• Prepare a personal injury lawsuit for litigation and trial when necessary

Whether the collision happened at a Downtown Bellevue intersection, along Bellevue Way or NE 8th Street, in a parking lot, or on another local road, our attorneys can investigate the circumstances and explain your legal options.

Frequently Asked Questions About Bellevue Pedestrian Accidents

Do drivers have to stop for pedestrians at unmarked crosswalks in Washington?

Yes, in circumstances covered by Washington’s crosswalk law. Drivers must stop and remain stopped for pedestrians in both marked and unmarked crosswalks when the pedestrian is within the portion of the roadway specified by state law. Because intersections may contain unmarked crosswalks, the absence of painted crosswalk lines does not necessarily mean a pedestrian had no crossing rights.

Can I still recover compensation if I was crossing outside a crosswalk?

Possibly. Washington generally requires pedestrians crossing outside a marked crosswalk or an unmarked crosswalk at an intersection to yield to vehicles, but Washington also requires drivers to exercise due care to avoid pedestrians. Comparative fault allows responsibility to be divided between the parties, so crossing outside a crosswalk does not automatically prevent a pedestrian from recovering compensation.

What if I was partly responsible for the pedestrian accident?

Washington’s comparative fault system generally allows an injured pedestrian to recover compensatory damages even when partly responsible for the collision. The recovery is reduced by the pedestrian’s percentage of fault. If the pedestrian were assigned 25% of the responsibility, for example, compensatory damages would generally be reduced by 25%.

What if the driver who hit me left the scene?

Call police and provide as much identifying information as possible about the vehicle and driver. Witnesses, traffic cameras, nearby business surveillance footage, debris, and other evidence may help identify a hit-and-run driver. Depending on the circumstances and available policies, uninsured motorist coverage may also provide a potential source of compensation.

How long do I have to file a pedestrian accident lawsuit in Washington?

Washington generally provides three years for an action involving injury to a person, but the exact deadline can depend on the parties and circumstances. Claims involving government entities can also involve additional procedures. Evidence may disappear much sooner than the legal filing deadline, so preserving video, witness information, and other evidence early can be important.

How much is my Bellevue pedestrian accident claim worth?

There is no standard settlement amount for a pedestrian accident. The value depends on the injuries, medical expenses, future treatment, lost wages, reduced earning capacity, pain and suffering, permanent limitations, available insurance coverage, comparative fault, and other facts. Evaluating the evidence and damages in the individual case provides more useful information than relying on an average settlement figure.

Schedule a Free Consultation With a Bellevue Pedestrian Accident Attorney

If you or a family member was hit by a vehicle while walking in Bellevue, McNeese & Trotsky, PLLC can review the accident and explain your options.

Our Bellevue office is located at 11711 SE 8th Street, Suite 301, Bellevue, WA 98005.

Call 206-332-1918 or contact McNeese & Trotsky to schedule a free consultation with a Bellevue pedestrian accident attorney.