Common Missteps After a Pedestrian Accident in Washington: What To Avoid

Defining the Scope of This Washington Pedestrian Accident Guidance

This guide explains the common missteps after a pedestrian accident in Washington and how to avoid them. It is designed for injured pedestrians and families navigating the aftermath of a pedestrian crash anywhere in Washington State.

The focus is practical and legal. The goal is to protect your health, preserve evidence, and strengthen any future personal injury claim under Washington law.

Why Your Early Decisions Matter

The hours and days after a pedestrian accident can shape the outcome of your pedestrian accident case. Small mistakes, such as speaking carelessly to insurance adjusters or delaying medical care, can create long-term complications.

Avoiding these mistakes to avoid can protect your right to pursue fair compensation.

Immediate Actions At The Accident Scene

Get to Safety Immediately

If the accident occurred in traffic, move out of oncoming traffic as soon as it is safe to do so. Your first priority is physical safety.

Check yourself for visible injuries and signs of internal injuries. The human body may not immediately register pain due to adrenaline.

Call 911 Without Delay

Always call the authorities, even if the pedestrian injuries appear minor. Failing to contact law enforcement can hinder your ability to file a pedestrian accident claim.

A responding officer will create an official accident report. That police report often becomes a critical piece of evidence in personal injury claims.

Avoid Speculating About Fault

Do not admit fault or apologize at the accident scene. Even a simple “I didn’t see the car” may later be interpreted as an admission.

Insurance companies frequently use early statements to shift blame to the injured person.

Photograph the Accident Scene

Use your phone to document the accident scene from multiple angles. Capture traffic signals, crosswalk markings, road conditions, and vehicle positions.

Photos taken immediately after the pedestrian crash can preserve details that may disappear quickly.

Record Vehicle and Driver Information

Collect the at fault driver’s name, license number, insurance company, and policy number. Also note the vehicle make, model, and license plate.

Failing to obtain this information can complicate your personal injury lawsuit later.

Gather Witness Contact Information

Witness statements are often decisive. Ask bystanders for names and contact details before they leave.

Memories fade quickly. Collecting contact information immediately strengthens your pedestrian accident claim.

Immediate Medical Attention and Medical Attention Records

Accept On-Scene Evaluation

Emergency responders may recommend evaluation even if you believe you feel fine. Accepting medical attention protects both your health and your claim.

Adrenaline can mask traumatic brain injuries or internal bleeding.

Seek Emergency Room Care for Concerning Symptoms

If you experience dizziness, confusion, severe pain, or loss of consciousness, seek immediate medical attention.

Delaying medical treatment can create a “gap in care” that insurance adjusters argue undermines the severity of your injuries.

Understand the Importance of Prompt Care

Failing to seek medical attention promptly can jeopardize a personal injury claim. Insurance representatives may argue that your injuries were not serious.

Immediate medical attention documents the connection between the accident date and your injuries.

Request Copies of All Medical Records

Keep every medical record related to the pedestrian accident. Documentation is essential to support claims for medical expenses and pain and suffering.

Medical records serve as objective evidence of serious injuries.

Schedule Follow-Up With Your Primary Doctor

Ignoring follow-up care instructions can be interpreted as minimizing your condition. Continued medical care shows the seriousness of your pedestrian injuries.

Consistent medical treatment strengthens your legal position.

Common Mistakes To Avoid In Your Pedestrian Accident Case

Do Not Admit Fault

Under Washington law, admitting fault can significantly reduce your recovery under comparative negligence principles.

Washington follows a pure comparative negligence system. If you are found 30 percent responsible, your recovery would be reduced by 30 percent.

Do Not Leave the Scene Prematurely

Pedestrians should not leave without gathering information and ensuring the police report is filed.

Failing to call police may result in the absence of crucial documentation.

Avoid Social Media Posts

Sharing details about the accident on social media is risky. Insurance companies monitor public posts.

A photo or comment taken out of context may be used to challenge your credibility or downplay injuries.

Do Not Sign Insurance Documents Without Counsel

Never sign releases from an insurance company without legal guidance. Early releases may limit your ability to pursue additional damages.

Insurance companies aim to protect their financial interests.

Decline Recorded Statements

Do not provide a recorded statement to an insurance adjuster without consulting a pedestrian accident attorney.

Recorded statements are often used to identify inconsistencies and reduce claim value.

Dealing With Insurance Companies

Notify Your Insurance Company Promptly

If you have Personal Injury Protection coverage, notify your insurer as soon as possible.

Under Washington regulations described by the Washington State Office of the Insurance Commissioner, PIP coverage may help cover medical bills regardless of fault.

Limit Statements to Basic Facts

Provide only essential information, such as the accident date and location.

Avoid speculation about how the pedestrian accident occurred.

Preserve All Communications

Keep copies of emails, letters, and call logs with insurance representatives.

Detailed documentation protects you during legal proceedings.

Understand Adjuster Tactics

Insurance adjusters often appear friendly but represent the insurance company’s interests.

Their role includes minimizing payouts when possible.

Communicating With An Insurance Company

Provide Basic Claim Information Only

Confirm your identity, the accident date, and that injuries occurred.

Avoid giving detailed narratives without an experienced attorney present.

Submit Medical Records Carefully

Only provide requested medical records that relate to the pedestrian accident.

Over-disclosure can allow insurers to explore unrelated medical history.

Request Claim Numbers in Writing

Always obtain your claim number and adjuster contact information in writing.

This ensures accountability throughout the legal process.

Documenting Evidence For Your Pedestrian Accident Case

Obtain the Official Police Report

Request a copy of the official accident report as soon as it becomes available.

The police report often influences how insurance companies assess fault.

Preserve Surveillance and Traffic Camera Footage

Nearby businesses may have surveillance video. Traffic camera footage can also provide crucial evidence.

Act quickly. Many systems overwrite footage within days.

Photograph Injuries During Recovery

Take periodic photos of visible injuries.

These images document healing progress and the impact on the human body.

Maintain a Detailed Timeline

Write down everything from the moment the accident occurred.

Include medical treatment dates, symptoms, and communications with insurers.

Common Pedestrian Accident Injuries To Track

Traumatic Brain Injuries

Traumatic brain injuries may not be obvious at first. Document headaches, confusion, and memory issues.

The Centers for Disease Control and Prevention notes that symptoms can evolve over time.

Spinal Cord Injuries

Spinal cord injuries can lead to life changing injuries.

Early imaging and specialist consultations are critical.

Broken Bones and Fractures

Broken bones often require surgery and physical therapy.

Save all medical bills related to orthopedic care.

Internal Injuries

Internal injuries can be life-threatening.

The Mayo Clinic emphasizes that internal bleeding may not present immediate external signs.

Emotional Trauma

Emotional trauma and anxiety are common after pedestrian crashes.

Mental health treatment records may support non-economic damages.

Building Value And Pursuing Maximum Compensation

Itemize Medical Expenses

Track every cost related to medical care, including prescriptions and therapy.

Economic damages include medical expenses and lost wages.

Calculate Lost Wages

Document missed workdays and reduced earning capacity.

Employer verification strengthens your personal injury claim.

Document Pain and Suffering

Non-economic damages may include pain and suffering and reduced quality of life.

Keep a daily journal describing symptoms.

Be Cautious With Early Settlement Offers

Insurance companies may propose early settlements before full recovery.

Accepting a settlement before understanding the full extent of your injuries may limit your ability to seek additional compensation later.

Understanding Washington Pedestrian Laws

Drivers Must Yield at Crosswalks

Under RCW 46.61.235, drivers must yield to pedestrians at marked and unmarked crosswalks.

The Revised Code of Washington outlines these obligations.

Pedestrian Duties of Care

Pedestrians must also follow traffic laws and use sidewalks when available.

Failure to do so may affect comparative negligence analysis.

Comparative Negligence in Washington

Washington follows pure comparative negligence.

If damages total $100,000 and a pedestrian is 30 percent at fault, recovery would be reduced accordingly.

Special Rules for Young Children

Washington law does not attribute contributory negligence to children aged six or younger.

This affects how fault is evaluated in cases where a pedestrian dies or suffers catastrophic injuries.

Special Situations: Hit-and-Run And Uninsured Drivers

Report Hit-and-Run Immediately

Report details to police promptly.

Unreported incidents complicate access to insurance benefits.

Review UM/UIM Coverage

If the at fault driver is uninsured, your own policy may provide coverage.

Uninsured motorist coverage can be crucial.

Access Personal Injury Protection Benefits

Personal Injury Protection may cover medical bills regardless of fault.

Review your declarations page for coverage details.

Working With A Pedestrian Accident Attorney

Consult Early for Legal Guidance

Consulting a pedestrian accident lawyer early helps preserve evidence and protect rights.

A pedestrian accident lawyer can help you navigate communications with insurance companies and explain your legal options.

Prepare an Evidence Packet

Bring your police report, medical records, and photos to the consultation.

Preparation allows meaningful evaluation of legal options.

Understand Fee Structures

Many personal injury attorneys operate on contingency fee arrangements.

Clarify terms before signing a retainer.

Evaluate Experience and Track Record

Ask about experience with Seattle pedestrian accidents and similar cases.

Working with a lawyer who regularly handles personal injury matters may help you understand the legal process and potential next steps.

For localized guidance, consider reviewing resources from a Seattle pedestrian accident lawyer familiar with Washington courts.

Legal Timeline And Procedural Tips

Know the Three-Year Deadline

In Washington, you generally have three years from the accident date to file a personal injury lawsuit.

Missing the statute of limitations may bar recovery.

Preserve Time-Sensitive Evidence

Evidence can disappear quickly after pedestrian accidents.

Immediate efforts to gather evidence protect your claim.

Prepare for Potential Legal Proceedings

If settlement negotiations fail, filing a personal injury lawsuit may become necessary.

An attorney can guide you through the legal process and explain available options.

Closing Checklist: Mistakes To Avoid And Final Steps

Review Evidence Before Contacting Insurers

Ensure you have gathered evidence before extensive communication.

Documentation supports your position.

Avoid Informal Settlements

Do not accept cash or handshake agreements without legal representation.

Such agreements may waive future rights.

Retain Counsel When Appropriate

Pedestrians have specific rights under Washington law.

If negligent drivers caused serious injuries, you may have the right to pursue economic damages and non-economic damages under Washington law. Punitive damages are generally not available in Washington personal injury cases unless specifically authorized by statute.

Careful action after a pedestrian accident can protect your health, your personal injury claim, and your ability to seek fair compensation under Washington law.

Contact Brumley Law Firm at (833) 740-2275 to request a free consultation.

Contacting our firm does not create an attorney-client relationship, and representation begins only after a written agreement is signed.