Injury Lawyer Available Now: (360) 334-5157
Injury Lawyer Available Now: (360) 334-5157
Pedestrian & Bicycle Injury lawyer
WASHINGTON LAWS REGARDING PEDESTRIANS
Washington State law is favorable to pedestrians and bicyclists. In general, pedestrians must use sidewalks when available, and drivers must yield to pedestrians on sidewalks. When no sidewalk is available, pedestrians must walk on the left side of the roadway or shoulder, facing traffic. Further, no pedestrian shall suddenly leave a curb or move into traffic in such a manner that the driver cannot stop.
Every intersection in Washington is a crosswalk, whether marked or unmarked. Drivers are required to stop, and remain stopped, to allow all pedestrians to cross the road within a crosswalk or intersection. If a pedestrian is crossing the road at any point other than a marked crosswalk, or unmarked crosswalk or intersection, the pedestrian shall yield the right of way to all vehicles upon the roadway. Additionally, pedestrians must obey all traffic signals or control devices, unless otherwise directed by a traffic or police officer.
WASHINGTON LAWS REGARDING BICYCLISTS
Bicyclists riding on roadways are subject to all the same duties applicable to drivers under Washington law. However, Bicyclists riding on a sidewalk or crosswalk are granted all the same rights, and subject to all the same duties, as pedestrians. This means that when a bicyclist is within a crosswalk or on a sidewalk, they are treated the same as pedestrians and drivers must yield the right of way to the bicyclist. As between a pedestrian and bicyclists riding on a sidewalk or crosswalk, the bicyclists must yield the right of way to pedestrians.
Although the law places restrictions and duties upon both pedestrians and bicyclists, the law places a greater duty on drivers to exercise due care to avoid a collision. Therefore, if you have been injured either as a pedestrian or bicyclist, you likely have a valid claim for your injuries against the negligent driver.
HOW WILL MY MEDICAL BILLS BE PAID?
Determining who pays for the injured pedestrian or bicyclists medical bills is complicated. Unlike when an occupant of a vehicle is injured in a traffic collision, pedestrians and bicyclists are usually considered “insureds” under the at-fault driver’s automobile policy. This means that the injured pedestrian or bicyclists medical bills will be initially covered under the vehicle’s personal injury protection (PIP) insurance, if available. If the vehicle that hit the pedestrian or bicyclist did not have PIP coverage, then the medical bills may be paid under any PIP coverage the injured pedestrian or bicyclist has on their own personal auto policy. If no PIP coverage is available at all, then the personal health insurance of the injured pedestrian or bicyclist will need to be utilized to pay for the injured victim’s treatment up front, leaving the victim responsible for paying any co-pays, co-insurance or deductibles. Fortunately, all medical payments, whether paid by auto or personal health insurance, should be reimbursed when the case settles with the at-fault driver’s insurance company.
What is the statute of limitations?
There is a time limit to bring legal action for personal injury claims in Washington State. In most cases, the personal injury statute of limitations in Washington is three years from the date of the injury. However, the statute of limitations may differ depending on the specific facts and type of the case.
If an injured victim fails to either settle their case or file a lawsuit against the correct defendant before the statute of limitations lapses, they will be barred from receiving compensation for their injuries. This is why it is important to consult with an experienced pedestrian/bicycle injury lawyer as soon as possible to ensure you do not miss any important deadlines that will affect your case or prevent you from recovering.
What damages can i be compensated for?
Economic Damages
Non-Economic Damages
Non-Economic Damages
Economic damages compensate the injured victim for actual monetary loss. Examples include:
- Medical Expenses (including medical treatment and/or equipment)
- Prescriptions
- Lost Wages/Lost Opportunity
- Domestic Service Expenses
- Funeral & Burial Expenses
Non-Economic Damages
Non-Economic Damages
Non-Economic Damages
Non-economic damages are subjective, non-monetary losses. Examples include:
- Pain & Suffering
- Inconvenience
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Society & Companionship
- Loss of Consortium
- Pre-Death Terror & Fright
Other Damages
Non-Economic Damages
Other Damages
Other types of damages injured victims may be entitled to include:
- Bicycle Damage Repairs/Total Loss Value
- Diminished Value
- Loss of Use of Property
- Other Damaged Property