6 Frequently Asked Questions (FAQs) on Pedestrian Accidents

Accidents have become a daily experience across the globe. Even when you are cautious and observe all traffic rules, you can be a victim of another person’s negligence and recklessness. 

“One of the most devastating accidents is the one between an automobile and a pedestrian. The latter often results in severe injuries. Apart from these life-changing injuries, thousands of pedestrians die annually through reckless drivers,” says personal injury attorney Daniel Libbey of Libbey Law Offices, LLC.

This article highlights six frequently asked questions (FAQs) on pedestrian accidents and provides concise answers to them.

What Step Should I Take Immediately After a Pedestrian Mishap?

Knowing the steps to take after an accident beforehand will help you act immediately after the crash. 

First, evaluate your injuries and that of others involved in the accident to determine if anyone requires urgent medical attention. The rule of “safety first” suffices in this context. If necessary, call an ambulance and the police to the accident scene. 

Get the driver’s contact details. Specifically, you must take down their name, license plate number, insurance details, mobile phone number, and driver’s license information. 

Jot down the sequence of events to avoid forgetting them later. Also, document your harm and damages. It is also crucial to take photos of the accident scene, the vehicle involved, and nearby signage. 

Be detailed and accurate in your narration to the police when they arrive at the accident scene. Even if you have no external injuries, it is still advisable to seek medical attention. Contact the insurance firm to institute a claim.

If you are the one who hits a pedestrian with your vehicle, be transparent and sincere with law enforcement agents. However, this does not mean you should admit fault in the absence of your lawyer. 

You may be shooting yourself in the foot unknowingly. Thus, avoid discussing anything relating to a fault until your attorney arrives. 

Must All Civil Lawsuits Proceed to Court?

Most personal injury accident cases end through out-of-court settlement due to their costs and associated risks. The counsels from both sides work hard to resolve the issue because they know the implications of it proceeding to trial. Thus, your lawyer will discuss the claim with the defendant and their auto insurance provider. 

You must specify the amount of damages in your claim. However, your civil settlement agreement may contain a non-disclosure clause barring all parties from publicly disclosing the compensation amount you receive or other details of the agreement. It is crucial to abide by the content of the agreement.

Also, living in a state that practices comparative or contributory negligence will affect your claim. If you live in the latter, the authorities will reduce your damages based on your extent of involvement in the accident. 

However, Washington is a pure comparative state. You can demand damages even if you are 99 percent responsible for the mishap.

If you live in a modified comparative negligence or contributory negligence state, you cannot recover compensation once your fault level exceeds a certain threshold. Speak with a Washington personal injury attorney to know your options in a complex condition.

What Transpires During a Deposition?

A deposition is part of the pre-trial discovery phase, which permits counsels from both sides to collect the information they will need to argue their client’s stance effectively. Depositions often happen at an attorney’s office in the presence of a neutral reporter who records what everyone says.

This phase is often challenging for plaintiffs and defendants due to the unexpected accusatory questions from both sides. Avoid attending a deposition without your lawyer. Your attorney and insurance provider can help you better understand what transpired at the accident scene. 

Further, the lawyers can ask questions a judge will not entertain in the courtroom. You need an attorney’s guidance to answer these slippery questions. 

What Type of Proof Do Parties Present in a Pedestrian Accident Case?

Juries search for the truth during trial. Thus, they closely scrutinize the type of proof that plaintiffs and defendants present. 

The jury will strike out your evidence if it does not meet their standards. That is why you should endeavor to present verifiable and relevant proof. You can contact your physician to testify on the nature of your harm. You should also request police reports and witness statements to corroborate your sequence of events. 

Although the court does not entertain a defendant’s past ill acts in a civil lawsuit, you can refer to these criminal acts if they shed light on the case at hand. For instance, the court may entertain drug or substance abuse-related evidence if law enforcement agents established that the motorist was impaired during the vehicle-pedestrian mishap. 

The criminal impairment contributes to the accident, which is a civil case. Engaging a lawyer will help you know how to weave evidence together to be admissible in court.

What Is the Statute of Limitations for a Personal Injury Lawsuit?

Every state in the US has a timeline for filing a personal injury claim. This deadline is called the “statute of limitations.” It is often between two and four years in most states. However, the statute of limitations is three years for personal injury claims.

The time starts counting from the date of the accident. However, the state can extend the deadline if you are not immediately available to file a claim or you cannot ascertain the full scope of the harm. Your lawyer will tell you how long you can wait before filing a claim.

If the defendant has an insurance policy, their insurer may pressure you into a settlement. Over 95 percent of personal injury issues end through this route. It is quicker and less stressful. 

However, you need a reliable personal injury attorney to negotiate with the insurance firm, as they are always after their profit. They will take advantage of you if you go to the negotiation table without a legal representative. 

What Type of Damages Does the Court Award in Pedestrian Accident Cases?

You can file a pedestrian accident claim to recover compensation if a negligent driver injures you. You need compensatory damages for the financial losses you suffer from the accident. Specifically, the damages cater to lost earnings, medical bills, and ongoing rehabilitation. Sometimes, victims also recover compensation for pain and suffering and emotional pain. 

It is not out of place to demand compensation for the long-term effects of your injuries. As the injuries alter your life, you must have something to show for it. However, several states have barred punitive damages for personal injury claims. 

Conclusion

With the answers provided in this piece, there is no doubt that you need a Washington personal injury attorney for your pedestrian accident claims. The laws are complex, and thus, you need a legal professional to help you. 

Your attorney will help you handle the legal hassles while you focus on healing. They will also help gather evidence to increase your chances of a positive outcome.