Seattle Pedestrian Accident Attorney
If a driver hit you in a Seattle crosswalk, or a family member was struck while walking, you are likely weighing whether to talk to the driver’s insurer, see a lawyer, or wait and see how the injuries develop. Injury Law Group NW is a personal injury firm that represents injured pedestrians, cyclists, drivers, and families throughout Seattle, King County, and the greater Puget Sound region, and we can help you make that decision with accurate information.
A Seattle pedestrian accident attorney deals with a particular kind of claim. The injured person had no steel frame, airbag, or seatbelt, so injuries tend to be severe: fractured pelvises and legs, spinal injuries, and head trauma. The insurer’s first move is usually to look for a reason the walker shares the blame, whether it was a phone, dark clothing, or a crossing between intersections. How that fault argument is handled often decides what a claim is worth.
Seattle’s geography creates its own risks. Wide arterials like Aurora Avenue North, Rainier Avenue South, and Lake City Way carry fast traffic past bus stops and apartment buildings. Downtown, turning vehicles collide with people in crosswalks while buses, delivery vans, and rideshare cars compete for curb space. Dark, wet winters reduce visibility from October through March, and steep hills and sightline problems on streets like those in Capitol Hill, Queen Anne, and Beacon Hill add to the danger.
Why Pedestrian Claims Turn on Fault Arguments
Washington follows a comparative fault system. Under RCW 4.22.005, an injured person’s own share of fault reduces their compensation proportionately but does not bar recovery. That sounds forgiving, and it is, but it also means insurers have a financial incentive to push your percentage up. Every point of fault they can assign to you comes straight off the settlement.
State law defines fault broadly. Under RCW 4.22.015 it covers negligent and reckless conduct as well as unreasonable failure to avoid an injury or mitigate damages. In a pedestrian case, an adjuster may argue you stepped out too quickly, were distracted, or should have seen the car coming. The answer to those arguments is evidence: signal timing, surveillance and doorbell video, dashcam footage from other vehicles, the driver’s phone records, vehicle event data, and independent witness accounts. Much of that evidence disappears quickly. Businesses overwrite video on short cycles, and skid marks fade within days.
Disputes over who had the right of way are common at intersections, especially with turning vehicles. A driver turning left or right through a crosswalk is expected to watch for people lawfully crossing, and a driver who fails to yield to a walker in a crosswalk is often found negligent. Mid-block crossings and unmarked crossings are more contested, and those cases depend heavily on the specific facts of where and how you were crossing.
Why Choose Injury Law Group NW for a Seattle Pedestrian Injury Case
Injury Law Group NW represents people hurt by someone else’s negligence across Seattle, Bellevue, and the rest of King County and the Puget Sound region. The firm handles car, truck, and motorcycle crashes, bus accidents, wrongful death, and traumatic brain injury claims, all of which commonly overlap with pedestrian cases. We take cases on a contingency basis, so there is no attorney fee unless we recover money for you, and the first consultation is free and confidential. Our case managers return calls and texts promptly, and if your injuries make travel difficult, we will meet you at home or at the hospital.
What sets the firm apart is where its lawyers learned the trade. Troy Hunter, the firm’s founding partner, spent 16 years in insurance defense litigation, mostly as a partner at Floyd, Pflueger & Ringer. David D. Mordekhov spent two decades at the Seattle defense firm Gardner Trabolsi & Mordekhov, trying wrongful death and catastrophic injury cases before judges and juries across Washington. They know which records adjusters look for, how claims are valued internally, and when an insurer is preparing to settle or to fight. That matters in a pedestrian case, where the other side’s central strategy is shifting blame.
Troy and David are both 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. Troy also serves as a dispute mediator, and the firm’s attorneys have argued at every level of the Washington court system, from district court to the Washington Supreme Court. Associate attorneys Warren Barreiro and Hannah Shergold complete the team, and the firm belongs to the Washington State Association for Justice. David is fluent in Russian and Warren speaks Spanish, so clients can work with us in their own language.
Our results include a mid-six-figure settlement for an elderly woman struck by a transit bus in a downtown Seattle crosswalk, a case that shares most of its hard questions with any pedestrian claim: sudden severe injury in a marked crossing, a large institutional defendant, and an insurer inclined to look for fault in the person on foot. We also secured a mid-six-figure settlement for a family of five whose minivan was forced into the I-5 center barrier by a semi-truck, and more than $1 million for parents whose newborn died after a hospital failed to adequately test for Group B Strep. Every claim is prepared as though it will go to trial, because insurers pay more fairly when they know the lawyer across the table will try the case. Every case is different, and past results do not guarantee a future outcome.
Common Ways Pedestrians Are Hit in Seattle and King County
- Turning Vehicles in Crosswalks: Left and right turns at downtown, South Lake Union, and University District intersections put drivers’ attention on oncoming traffic rather than on the person stepping off the curb. These are among the most frequent crosswalk collisions.
- Transit and Bus Collisions: Buses and trolleys turning at busy stops, and pedestrians boarding or leaving near curbs, create high-impact crashes, and the transit agency or its operator may be the liable party. Claims against a government entity carry special notice rules.
- Arterial Crossings: Wide, multi-lane roads such as Aurora Avenue North and Rainier Avenue South have long gaps between signals, which pushes people to cross where drivers do not expect them and where speeds are highest.
- Low-Light and Wet-Weather Crashes: Seattle’s long dark, rainy season cuts visibility for drivers and walkers alike, and adjusters often argue the pedestrian should have been more visible.
- Parking Lot and Driveway Strikes: Backing vehicles at grocery stores, garages, and apartment complexes injure pedestrians at low speeds but often with serious results, and these cases may also involve premises liability against the property owner.
- Hit-and-Run and Uninsured Drivers: When the driver flees or carries no insurance, your own policy’s uninsured motorist coverage, if you have it, may become a primary source of recovery.
- Distracted and Impaired Drivers: Phone use and alcohol or THC impairment contribute to pedestrian crashes. A driver who tests at 0.08 or above within two hours of driving is over the legal limit under Washington’s DUI statute, and that evidence can strengthen a negligence claim.
- Commercial and Delivery Vehicles: Box trucks, delivery vans, and semi-trucks have large blind spots and are subject to federal safety rules, which can add liable parties such as the carrier or employer.
What to Do After a Pedestrian Crash in Seattle
Medical care comes first, even if you feel mobile. Adrenaline masks fractures, internal injuries, and concussions, and brain injuries in particular can show symptoms days later. Seattle’s trauma care is centered at Harborview Medical Center, and ambulance crews or emergency staff will document your condition from the first moments. Describe every symptom to providers so it enters the record, and follow through on referrals. Gaps in treatment are exactly what insurers use to argue you were not really hurt.
Call 911 so police respond and file a report. If you can, or if someone with you can, photograph the scene, the vehicle, its plate, skid marks, signal and crosswalk markings, and your injuries. Get names and numbers of witnesses and note any cameras on nearby storefronts or buildings, since that footage may be erased soon. Do not apologize or speculate about what happened. Keep your shoes, clothing, and any damaged phone or other belongings as evidence.
You are generally not required to give a recorded statement to the at-fault driver’s insurer, and it is usually wise to speak with a lawyer before you do. Adjusters ask questions designed to pin down admissions about speed, attention, or where you were crossing. Also check your own auto policy. Personal injury protection coverage in Washington is included unless rejected in writing, and it can help with medical costs and some lost wages after a crash, which can matter even when you were on foot.
The filing deadline is three years from the date of injury under RCW 4.16.080, and a wrongful death claim runs three years from the date of death. A lawsuit counts as commenced when you file or serve it, but the other step must follow within 90 days or the filing may not count for deadline purposes. Claims involving a city, county, or transit agency require a formal tort claim to be presented first, and no suit can be filed until 60 days have passed after presentment. Under RCW 4.96.020, that claim must go on the standard state form and be delivered or mailed in a way the statute recognizes, and email is generally not enough. Because these notice rules can sink a valid claim, speak to a lawyer early if a government vehicle, a transit bus, or a city road condition played a role.
Most Seattle-area injury suits are filed in King County Superior Court, which sits in Seattle and Kent and hears civil cases of any size. District court handles claims up to $100,000 per claimant, but serious pedestrian injuries nearly always exceed that, so they belong in Superior Court. Cases involving federal defendants may proceed in the U.S. District Court for the Western District of Washington in Seattle.
What Pedestrian Injury Compensation Can Include
The damages in a pedestrian claim reflect how severe these injuries usually are. Recoverable losses can include past and future medical costs, lost wages and reduced earning capacity, and the pain, disability, and loss of enjoyment of life that follow. For a person with a spinal injury, traumatic brain injury, or complex fractures, future care and vocational limits often make up the largest share of the claim, and valuing them requires medical and economic evidence rather than a multiple of the current bills.
Brain injuries deserve special attention because insurers often dispute them. A concussion or mild traumatic brain injury may not appear on a scan, yet it can affect memory, concentration, mood, and the ability to work. We work to secure a prompt diagnosis and build the medical and vocational evidence to show what the injury means over a lifetime.
When a pedestrian dies, Washington law allows the personal representative to bring a wrongful death action for the benefit of the spouse or state registered domestic partner and children, including stepchildren. If none exist, parents or siblings may be the beneficiaries. A separate survival claim under RCW 4.20.060 can address the injuries the person suffered before death. These claims cover funeral and medical costs, lost financial support, and the loss of love and companionship.
Questions People Ask About Seattle Pedestrian Accident Claims
How long do I have to file a pedestrian accident lawsuit in Washington?
Generally three years from the date of injury under RCW 4.16.080. A wrongful death action also runs three years, counted from the date of death. Claims against government bodies require a notice claim and a 60-day waiting period before suit, so the practical timeline can be tighter.
What if I was jaywalking or crossing outside a crosswalk?
You may still recover. Washington’s comparative fault rule reduces your compensation by your share of fault rather than barring the claim. A driver still has a duty to keep a proper lookout and to avoid hitting people in the road, so crossing outside a marked crosswalk does not erase the driver’s responsibility.
Who pays my medical bills while my 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. Ultimately the at-fault driver’s insurer should be responsible, and we work to coordinate these sources so bills are handled while the claim moves forward.
The driver left the scene. Can I still recover anything?
Often yes. Your own policy’s uninsured motorist coverage may apply if you carry it, and police and private video can sometimes identify the driver afterward. Report the crash right away and preserve any evidence of the vehicle.
Should I give a recorded statement to the driver’s insurance company?
You are generally not required to. Adjusters ask questions that can be used to minimize your injuries or shift blame to you, so speak with a lawyer first. Having spent years on the defense side, our attorneys know how those statements get used.
What is my pedestrian injury case worth?
Value depends on the severity and permanence of your injuries, medical expenses, lost income and earning capacity, the effect on daily life, available insurance coverage, and any fault assigned to you. We evaluate cases the way insurers do, so we can tell you what a fair recovery looks like.
Does it matter if I was looking at my phone when I was hit?
It can matter, because the insurer will try to use it to assign you fault. But a distracted pedestrian does not excuse a driver who failed to yield or watch the road. The question is how much each party’s conduct contributed, and the physical evidence, signal data, and witness accounts usually carry more weight than a phone claim alone.
My child was hit by a car. Are the rules different?
Parents have their own cause of action for a child’s injury under RCW 4.24.010, and the filing deadline for a minor is generally paused under RCW 4.16.190 until the child turns 18. Courts also treat children differently when assessing fault, since a young child cannot be held to adult standards of caution. Because other rules and settlement approvals can apply, have a lawyer review the claim.
What if the driver was a city, county, or transit employee?
Claims against local government entities and their employees must be presented to the entity’s designated agent on the standard tort claim form, and suit cannot be filed until 60 days after presentment. Claims against the state follow a similar 60-day rule through the office of risk management. These procedural steps are unforgiving, so do not wait.
How long does a Seattle pedestrian injury case usually take?
It depends largely on your recovery. We generally avoid settling until your medical condition is stable enough to value future needs, because a settlement closes the claim permanently. Straightforward cases may resolve in months, while those involving serious injury, disputed fault, or litigation take longer.
Can my case settle without going to court?
Most injury claims do settle, but the strength of your position depends on the insurer believing you will go to trial if needed. We prepare every claim as though it will be tried, and that preparation is often what brings a fair offer.
Seattle Pedestrian Injury Representation Across King County and Puget Sound
We represent injured pedestrians throughout Seattle, from downtown, Belltown, and South Lake Union to Capitol Hill, First Hill, and the Central District. We also serve people hurt in Queen Anne, Magnolia, Ballard, Fremont, Wallingford, and the University District, and in northern neighborhoods such as Green Lake, Greenwood, Northgate, and Lake City. In South Seattle, our clients come from Beacon Hill, Columbia City, Georgetown, SoDo, Rainier Valley, and West Seattle.
Our work extends across King County and the Eastside, including Bellevue, Redmond, Kirkland, and Sammamish, as well as Renton and Kent to the south, and Issaquah along the I-90 corridor. We also represent clients across the broader greater Seattle area and Puget Sound region, wherever a driver’s negligence has left someone hurt on foot.
Talk to a Seattle Pedestrian Injury Attorney Today
If you were struck while walking in Seattle or elsewhere in King County, a Seattle pedestrian injury attorney from Injury Law Group NW can review what happened, explain how Washington’s fault rules apply to your situation, and tell you what a fair recovery should look like. The consultation is free and confidential, and you pay nothing unless we recover money for you.
Call or text Injury Law Group NW to schedule a conversation. We will listen to what happened, help you get the right medical care, handle the insurers, and prepare your claim as though it is headed to trial. We give hope. We get results.
