King County Pedestrian Accident Attorney
Injury Law Group NW represents pedestrians and their families across King County, from people hit in Seattle crosswalks to walkers struck on suburban arterials in the Eastside and South King County. Our attorneys spent decades defending insurance companies before they began representing injured people, and that background shapes how we handle every King County pedestrian accident attorney case we take.
A pedestrian has no steel frame, no airbag, and no seat belt. When a vehicle that weighs a couple of tons meets a person on foot, the injuries tend to be the kind that change a life: fractured pelvises and legs, spinal damage, and head trauma. Pedestrian crashes also happen in places drivers do not expect to see people, such as dim residential streets, driveway exits, parking garage ramps, and bus stops, and in places drivers should expect them, like marked crosswalks downtown.
The insurance fight that follows is often just as difficult as the medical one. Drivers frequently say the pedestrian stepped out suddenly or crossed where they should not have, and adjusters are quick to run with that account. Washington law does not let a driver off the hook simply because the person on foot made a mistake, and how fault gets divided can decide what a claim is worth.
How Fault Gets Divided When a Pedestrian Is Struck in Washington
Washington follows a comparative fault system. Under RCW 4.22.005, if a jury or insurer decides you share some responsibility for a crash, your compensation is reduced in proportion to your share, but you are not shut out of recovery. A pedestrian found partly responsible for crossing mid-block can still collect from a driver who was speeding, distracted, or failed to yield.
That means the percentage assigned to you is where much of the negotiation happens. RCW 4.22.015 defines fault broadly, including negligent acts and an unreasonable failure to avoid injury, so insurers use this language to argue that a pedestrian should have seen the car, worn lighter clothing, or waited longer. We push back with the physical evidence: skid marks, vehicle speed data, nearby surveillance footage, sight lines at the intersection, and the driver’s phone records when distraction is in play.
Alcohol is another variable that can change the shape of a case. Under RCW 46.61.502, a driver is guilty of DUI with a blood or breath alcohol concentration of 0.08 or higher within two hours of driving, or a THC concentration of 5.00 or higher. A driver’s impairment strengthens the liability picture considerably, while a pedestrian’s own drinking is something insurers will try to use to inflate your percentage of fault. Either way, you want a lawyer controlling that conversation early.
Why Choose Injury Law Group NW for a Pedestrian Injury Claim
Injury Law Group NW is a personal injury law firm serving King County and the greater Seattle area, including the Eastside and the Puget Sound region. We represent people hurt by someone else’s negligence, and pedestrian cases sit squarely within our car, truck, bus, and motorcycle accident work. Consultations are free and confidential, and we work on a contingency fee basis, so you owe no attorney fee unless we recover money for you. Our case managers return calls and texts promptly, and if your injuries make travel difficult, we will come to you at home or in the hospital.
Founding partner Troy Hunter spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer, and he also serves as a dispute mediator. Attorney David D. Mordekhov spent two decades at Gardner Trabolsi & Mordekhov, a Seattle defense firm, trying wrongful death and catastrophic injury cases. Both are rated AV Preeminent by Martindale-Hubbell. David has been selected to the Super Lawyers list and teaches trial and deposition skills as faculty at the National Institute for Trial Advocacy. Associate attorneys Warren Barreiro and Hannah Shergold complete the team, and the firm is a member of the Washington State Association for Justice. David speaks Russian and Warren speaks Spanish, which matters for families who want to explain what happened in their own language. Our attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court.
That experience on the other side tells us how an adjuster reads a pedestrian file, what internal valuation looks like, and when a carrier is bluffing about going to trial. We prepare every claim as though it will be tried, because carriers pay more fairly when they know the lawyer across the table will do it. One result bears directly on pedestrian cases: a mid-six-figure settlement for an elderly woman struck by a transit bus in a downtown Seattle crosswalk. We have also recovered mid-six-figure compensation for a family of five forced into the I-5 center barrier by a semi-truck. Past results do not guarantee a future outcome, but clients consistently describe us as responsive, honest, and clear about where their case stands.
Where and How Pedestrian Crashes Happen Across King County
- Marked Crosswalk Collisions: Drivers turning left or right while looking for a gap in traffic often fail to see people walking through a crosswalk. Dense downtown Seattle, Capitol Hill, the University District, and downtown Bellevue and Redmond produce many of these cases, including crashes involving transit buses and delivery trucks.
- Unmarked Crossings and Mid-Block Crashes: Wide suburban arterials in Kent, Renton, Federal Way, and the Eastside can leave long stretches with no crosswalk. Insurers lean hard on comparative fault here, so the speed of the vehicle and the driver’s attention become the key evidence.
- Dark-Hour Crashes in Rain and Low Light: Short winter days and frequent rain reduce visibility from fall through spring. Streetlight gaps, glare on wet pavement, and fogged windshields all feed into whether a driver was going too fast for conditions.
- Driveway, Alley, and Parking Lot Strikes: Vehicles backing out of garages, grocery store lots, and apartment complexes strike pedestrians at low speed but can still cause fractures and head injuries. Property owners can share responsibility when poor sight lines or lighting contribute.
- Hit-and-Run and Uninsured Driver Cases: When a driver flees or carries no insurance, your own policy’s uninsured and underinsured motorist coverage may become the source of recovery, which makes reviewing your policy early important.
- Bus Stop and Transit Zone Injuries: Riders walking to and from stops are exposed to turning buses and drivers passing on the right. Claims involving transit agencies carry special notice rules before a lawsuit can be filed.
- Children and Elderly Pedestrians: Kids near schools and older adults crossing slowly are hurt at disproportionate rates, and parents have their own claim under RCW 4.24.010 when a child is injured or killed.
- Fatal Pedestrian Crashes: When a pedestrian dies, the personal representative of the estate brings a wrongful death action under RCW 4.20.010 for the benefit of a spouse, domestic partner, and children, or for parents or siblings when no closer family exists.
What to Do After You Are Hit While Walking in King County
Get medical care first, even if you walked away feeling fine. Adrenaline hides pain, and concussions and internal injuries often announce themselves hours or days later. Harborview in Seattle and the other hospitals around King County document trauma carefully, and those records become the foundation of your claim. Tell every provider exactly how the crash happened and everything that hurts, because gaps in the record get used against you later.
If you can, or if someone with you can, photograph the intersection, the vehicle, skid marks, signal timing, any signage, and your injuries. Get the driver’s name, insurance information, and license plate, and ask witnesses for contact details before they leave. Make sure a police report is filed with the Seattle Police Department, the King County Sheriff’s Office, or whichever local department responds. Businesses along the street often have security cameras that overwrite footage within days, so the sooner someone asks for that video, the better the chance it still exists.
Be careful with the other driver’s insurer. You are generally not required to give them a recorded statement, and adjusters ask questions designed to shrink your injuries or move blame onto you. Having defended carriers for years, our attorneys know exactly how those statements get used. Notify your own insurer, since Washington auto policies include personal injury protection coverage unless it was rejected in writing, and it can pay medical bills and some lost wages regardless of who caused the crash. Your own coverage can also matter if the driver was uninsured.
Deadlines deserve attention. Most personal injury lawsuits in Washington must be commenced within three years under RCW 4.16.080, and a wrongful death claim runs three years from the date of death. A case is commenced by filing or serving the summons and complaint, but the other step has to follow within 90 days under RCW 4.16.170. If a city, county, or other local government entity may be at fault, such as for a badly designed crossing or a transit vehicle, a claim must first be presented on the standard tort claim form, and no lawsuit can be filed until 60 calendar days have passed. Email and fax are generally not accepted ways to present that claim. Claims against the state have their own 60-day rule under RCW 4.92.110. These steps are easy to get wrong, which is a good reason to call a lawyer sooner rather than later.
Cases are usually filed in King County Superior Court, which hears matters from the King County Courthouse in Seattle or the Maleng Regional Justice Center in Kent depending on where the parties live and the case arises. Claims up to $100,000 can also be brought in King County District Court, though serious pedestrian injuries almost always exceed that figure. Most claims settle without a trial, but we build each one as if it were headed to a jury.
What a Pedestrian Injury Claim Can Recover
Compensation in Washington can include past and future medical care, lost wages and reduced earning capacity, and pain and suffering. For pedestrians, that last category tends to be significant, because recoveries from broken bones, nerve damage, and brain injuries can stretch across years. Insurers frequently dispute head injuries because they do not always appear on a scan, so we work with treating providers and vocational evidence to document what a traumatic brain injury actually does to someone’s work and daily life.
Valuing future care is where an adjuster’s experience matters. A pelvic fracture in a younger walker may mean arthritis and surgery decades later, and an older pedestrian may never regain independent mobility. We evaluate these cases the way an insurer’s claims department would, so we can explain candidly what a fair recovery looks like and then push for it. Settling too early, before the full course of treatment is known, is one of the most costly mistakes injured pedestrians make.
Pedestrian Accident Questions We Hear Often
How long do I have to file a pedestrian accident lawsuit in Washington?
Generally three years from the date of the injury under RCW 4.16.080. For a wrongful death, the three years run from the date of death. Claims against government entities require a formal claim first and a 60-day wait before a suit can be filed, and the limitations period is paused during that wait.
Can I recover if I was crossing outside a crosswalk?
Yes. Washington’s comparative fault rule reduces your recovery by your share of responsibility but does not bar it. A driver who was speeding, distracted, or impaired can still be held responsible even if you crossed mid-block.
Who pays my medical bills while the claim is pending?
Personal injury protection coverage on your own auto policy can pay medical expenses and some lost wages regardless of fault, unless you rejected it in writing. Health insurance may also cover treatment. We help coordinate these sources so bills are managed while the claim proceeds.
What if the driver who hit me left the scene?
Report it to police immediately and give them every detail you remember. If the driver is never found, uninsured or underinsured motorist coverage on your own policy may provide recovery, and we can review your policy to see what applies.
Should I talk to the driver’s insurance adjuster?
You can give basic information, but you are not required to provide a recorded statement, and it is wise to speak with a lawyer first. Adjusters are trained to ask questions that minimize injuries or shift blame.
How much does it cost to hire Injury Law Group NW?
The first consultation is free and confidential. We handle pedestrian injury cases on a contingency fee basis, so you pay no attorney fee unless we recover compensation for you.
My injuries seemed minor at first but are getting worse. Is it too late?
Not necessarily. Delayed symptoms are common with concussions, soft tissue damage, and internal injuries. Get evaluated now, tell the provider about the crash, and keep records. A gap in treatment will be used by the insurer, so the sooner the better.
What if a city street design contributed to my crash?
Poorly timed signals, missing crosswalks, and obstructed sight lines can sometimes support a claim against the responsible local government. Those claims require a standard tort claim form delivered properly and a 60-day waiting period before suit, so the paperwork needs to be done carefully and on time.
Can the driver’s employer be held responsible?
Often, yes. If the driver was working at the time, such as making a delivery or driving a company vehicle, the employer may share responsibility. Commercial and bus operators are also subject to federal and company safety rules, which can open additional avenues for recovery.
Is it worth hiring a lawyer if my injuries seem moderate?
Often it is. Pedestrian injuries can carry long recovery periods, and early settlement offers tend to undervalue future treatment. A consultation costs nothing, and we can tell you honestly whether the claim warrants representation.
How long will a pedestrian injury case take?
It depends on how long treatment lasts and how disputed fault is. Straightforward claims may resolve within months of reaching maximum recovery, while contested liability or severe injuries can take longer and may require filing in King County Superior Court.
My family member was killed while walking. Who can bring a claim?
The personal representative of the estate brings the action for the benefit of the spouse, domestic partner, and children, or for parents or siblings when none of those survive. Related survival claims and a parent’s claim for a child’s death follow additional statutes, and we can explain how they fit your family’s situation.
Serving Pedestrian Injury Clients Throughout King County
We represent injured walkers and grieving families across King County, beginning in Seattle and extending through the neighborhoods and cities around it. In Seattle, that includes downtown, Capitol Hill, the University District, Ballard, and the communities along the busy corridors where crosswalk crashes are common. On the Eastside, we help clients in Bellevue, Redmond, Kirkland, Sammamish, and Issaquah, along with those in neighboring communities such as Mercer Island, Bothell, Woodinville, and Snoqualmie.
Further south, we serve people in Kent, Renton, Auburn, Federal Way, Burien, Tukwila, SeaTac, and Des Moines. Whether a crash happened on an I-90 or I-405 corridor city street, near a transit stop, or in a shopping center parking lot, our team handles the claim from the first call through settlement or trial. If your injuries keep you from traveling, we will meet you at home or at the hospital.
Talk With a King County Pedestrian Accident Lawyer Today
If a driver hit you or someone in your family while on foot, you should not be left to negotiate with an insurance company that has done this thousands of times. Call or text Injury Law Group NW to schedule a free, confidential consultation with a King County pedestrian accident lawyer who knows how insurers value, delay, and deny these claims. We will listen to what happened, explain your options, and work to secure the medical care and compensation you need to move forward. We give hope. We get results.
