Between the scenic views and walkable neighborhoods in Vancouver, Washington, it is no wonder why more and more residents and tourists are opting to forgo the car and hit the streets on foot. Unfortunately, as pedestrian traffic increases, so does the rate of pedestrian accidents. According to data collected by the City of Vancouver from 2005 to 2016, pedestrian traffic fatalities are unsurprisingly on the rise in Vancouver.
If you or someone you care about has suffered an injury or was killed in a Vancouver pedestrian accident, you could be entitled to compensation for medical bills, funeral expenses, pain and suffering, and more. Rizk Law lawyers have successfully helped victims of personal injury accidents recover millions of dollars in compensation.
Determining Fault in a Vancouver, Washington, Pedestrian Accident
In order to file a personal injury claim for damages obtained in a pedestrian accident, the negligent party who caused the accident must first be identified. A Rizk Law personal injury attorney can pinpoint who could be held responsible and prove they are at fault for your injuries or the death of your loved one by demonstrating that they:
- Owed you or the pedestrian a duty to exercise reasonable care,
- Breached that duty to exercise reasonable care, and
- Their breach in duty of care directly resulted in your, or the pedestrian’s, injury.
In some instances, the pedestrian may be partly responsible for the accident. Because Washington is a comparative fault state, when this happens, the victim’s settlement is reduced by their percentage of fault. To determine the portion of fault shared by the pedestrian, it helps to review the state laws regarding pedestrians in Washington in Chapter 46.61 of the Revised Code, such as:
- Drivers and bicyclists must yield to pedestrians at crosswalks
- Drivers must exercise due care to avoid striking a pedestrian
- Drivers must stop to allow pedestrians to cross unmarked or marked crosswalks at intersections
- Pedestrians must obey traffic signals unless otherwise directed by a police officer
- Pedestrians must use sidewalks when available
- If a sidewalk is not available, pedestrians must travel on the left side or on the shoulder facing traffic
- Pedestrians must yield the right of way to all vehicles when crossing a roadway at any point other than within an obvious or unmarked crosswalk at an intersection
If a driver violates any pedestrian laws that results in them hitting a person with their vehicle, they will be at fault for the victim’s damages.
What Could Be Included in a Vancouver, Washington, Pedestrian Accident Settlement?
The at-fault party or their insurance company must reimburse victims of pedestrian accidents for any expenses they have incurred as a result of the accident, including:
- Reduced earning capacity
- Property damage
- Medical expenses
- Lost wages
- Household out-of-pocket expenses
- Physical therapy
- Funeral costs
- Reconstructive surgery
- In-home rehabilitation
- Disability
- Ambulance ride
- Emergency medical treatment
Suppose the accident has resulted in ongoing health problems that will require medical attention in the future. In that case, the responsible party will also be required to reimburse the victim for these future expenses. A Rizk Law pedestrian accident attorney can also include compensation for non-economic expenses like change in lifestyle, loss of consortium, emotional distress, and loss of personal enjoyment.
Contact a Vancouver, Washington Pedestrian Accident Lawyer Who Cares About You
Rizk Law lawyers pride themselves on their compassionate client service. The Rizk Law team has helped pedestrian accident victims and their families get the peace of mind they deserve for over twenty years, and now we want to help you get yours.
Call us today to schedule a free consultation at (503) 245-5677, or you may fill out our convenient online contact form to request more information about how we can serve you.