Drivers generally bear greater responsibility when sharing the road with pedestrians. For this reason, drivers are often at fault when a car hits a pedestrian. However, insurance companies do not always determine fault fairly, which is why it is common for pedestrians to face wrongful blame for an accident and receive less money than they deserve or obtain no compensation whatsoever.

Read on to learn more about fault in pedestrian accidents, why drivers are often at fault for hitting a pedestrian, and the various blame tactics insurance companies use to devalue or deny claims arising from these accidents.

If you suffered recent injuries as a pedestrian, you should never deal with false claims of fault by insurance companies. Immediately seek representation from a pedestrian accident attorney who can present evidence of fault and seek the full compensation you deserve.

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How a Driver May Be at Fault for Hitting a Pedestrian

While each pedestrian accident has specific circumstances, there are common root causes where the driver’s fault may be established. Below are some of the most common ways a driver may be legally at fault for hitting a pedestrian:

• Speeding. Exceeding the speed limit is one of the leading causes of many road accidents, including those involving pedestrians. Speeding can result in a driver’s slower reaction time to unforeseen pedestrian movements, making it harder to stop or slow down to prevent a collision. In addition, studies have shown that the speed at which a vehicle is traveling at the time of hitting a pedestrian is directly correlated with the pedestrian’s probability of suffering a severe injury or dying. The average risk of severe injury and death is 90 percent at 46 mph and 58 mph, respectively.

• Distracted driving. Any activity that diverts attention from driving increases the risk of a crash. It includes talking on the phone, texting, adjusting the radio, and using a navigation system. If a pedestrian is struck because the driver was not paying full attention to the road, the driver will typically be liable for the accident.

• Making an improper turn. Improper turns can be dangerous, especially if a driver fails to notice a pedestrian crossing legally at an intersection. Suppose a driver hits a pedestrian while making an illegal or otherwise unsafe turn (e.g., turning from the wrong lane or at a red light). In that case, the driver will likely bear responsibility for any injuries sustained by the pedestrian.

• Failure to yield the right of way. Pedestrians often have the right of way, particularly when crossing at marked crosswalks or when pedestrian crossing signals allow passage. A driver who fails to yield or disregards these rules and subsequently hits a pedestrian may be liable for breaching their duty of care.

• Failure to slow down at crosswalks. Drivers are expected to slow down when approaching a crosswalk and watch for pedestrians who may be crossing or about to cross the road. If a driver strikes a pedestrian in a crosswalk due to failure to slow down or be vigilant, the driver may bear full fault for the collision.

• Running a red light. Traffic signals are in place to regulate the flow of both pedestrian and vehicle traffic. A driver who fails to stop for a red light or stop sign and hits a pedestrian is generally considered liable for any resulting injuries or damages.

• Drunk driving. Consumption of alcohol impairs coordination, judgment, and reaction times. A driver found to be intoxicated at the time of a pedestrian accident will almost certainly be found at fault. Statistics show that alcohol impairment is a factor in an estimated 40 percent of all fatal pedestrian accidents.

Unfortunately, it is not always easy to prove the driver’s fault in a pedestrian accident, which is why many pedestrians may struggle to secure compensation and often face accusations of being at fault by the driver and/or their insurance company. Hiring a pedestrian accident attorney is the best move in this situation.

Common Blame Tactics Insurance Companies Use Against Pedestrians

When a pedestrian is involved in an accident, insurance companies may attempt to minimize their liability by shifting some or all of the blame onto the pedestrian. Below are some of the most common blame tactics used by insurers to make the pedestrian at fault for a car accident:

• Jaywalking or illegal crossing. One of the primary assertions made by insurance companies against pedestrians is that the pedestrian was jaywalking or crossing the street outside of a designated crosswalk or against the traffic signal. “The pedestrian crossed where there was no crosswalk, so the driver was not expecting to encounter a pedestrian and can not reasonably prevent the accident,” the insurer may argue.

• Distraction. In today’s world, distractions from mobile devices or other activities are common among drivers and people navigating cities on foot. Insurers may claim the pedestrian was not paying full attention while crossing the road, which contributed to the accident. “The pedestrian was using their phone or was otherwise distracted, but had the pedestrian been alert, they could have avoided or mitigated the impact,” the insurer may argue.

• Visibility issues. Visibility often plays a key role in pedestrian safety. Insurance companies may argue that the pedestrian was hard to see, and thus, the driver could not react in time to avoid the collision. “The pedestrian was not wearing reflective clothing at night or was in a poorly lit area, and the driver’s inability to see the pedestrian absolves or lessens their responsibility,” the insurer may argue.

• Reckless behavior. Insurance companies might suggest that the pedestrian acted recklessly or carelessly, contributing to or causing the accident. “The pedestrian suddenly entered the road, ignoring nearby vehicles, and the pedestrian’s reckless actions left the driver with insufficient time to react,” the insurer may argue.

Understanding the tactics used by insurance companies can help pedestrians and their lawyers prepare for potential defense strategies and ensure that the pedestrian receives the compensation to which they are entitled.

Reasons the Insurance Company May Try to Blame the Pedestrian

Unfortunately, it is not an uncommon scenario for injured pedestrians to face accusations that they were at fault for the accident in which they were hit. Many insurance companies do this intentionally, even when the driver is at fault, due to the following reasons:

• Pay less than what might be expected. The principle is simple: if the insurance company can prove the pedestrian is entirely or partly at fault for the incident, the compensation they are obligated to pay can be significantly reduced.
• Avoid paying a claim altogether. If the insurance company proves the pedestrian was fully responsible for the incident, they may avoid paying out any claims related to the pedestrian’s injuries. This scenario often involves arguments that delve into the pedestrian’s potential lack of attention, jaywalking, or even impairment due to substances. Should the insurer convincingly establish that the pedestrian’s actions solely caused the accident, the financial responsibility can shift away from the insured driver – a clear win for the insurance company.

In pursuing these strategies, insurers will scrutinize evidence from multiple sources. It can include police reports, witness statements, traffic surveillance footage, and even data from electronic devices that may demonstrate the pedestrian was distracted during the accident. To counteract these strategies and blame tactics, pedestrians must be prepared to present a strong case supported by evidence that underscores the driver’s liability, which is often done by demonstrating the driver’s negligent vehicle operation.

• Note: Keep in mind that some states, including Florida, operate under a no-fault insurance system. This means that an injured party – be it a pedestrian or another party on the road – can seek compensation through their own insurance company regardless of fault. Florida law requires every vehicle owner with a current state registration to purchase and maintain Personal Injury Protection (PIP) under Fla. Stat. § 627.7407.

Factors That Affect the Pedestrian’s Compensation

There are plenty of factors that may affect the amount of money you can receive when pursuing compensation after a pedestrian accident, including:

• The severity of the injuries. The nature and severity of the pedestrian’s injuries are among the most significant and obvious factors affecting compensation. Severe injuries typically result in higher compensation due to the extensive medical treatment required, the possibility of long-term or permanent disability, and the greater impact on the individual’s quality of life.
• The amount of medical expenses. All medical expenses, from emergency care to long-term rehabilitation, can amount to a substantial sum. The cost of these treatments is accounted for in the compensation. This includes past, present, and projected future medical expenses associated with the injury.
• The injury’s effect on the pedestrian’s earning capacity. If the injuries impair the pedestrian’s ability to work temporarily or permanently, compensation may include loss of income and diminishment of future earning potential. A severe injury can prevent someone from returning to their former occupation or working, resulting in substantial economic implications.
• The injury’s effect on other aspects of the pedestrian’s life. Compensation often reflects the impact of the injury on the pedestrian’s daily living. This encompasses physical and emotional pain and suffering, loss of enjoyment of life, and the inability to participate in activities that were once part of the pedestrian’s routine.
• The tenacity and competence of the insurance claims adjuster. The compensation process frequently involves negotiations with an insurance claims adjuster, who minimizes the insurance company’s payout. A competent claims adjuster with tenacity may influence the amount and speed of the settlement offered.
• Whether the car driver is clearly at fault. If the car driver is liable for the accident, the path to compensation may be more straightforward for the pedestrian. However, the insurance company will likely use the blame tactics we discussed earlier if there is a dispute over fault.
• The quality of the pedestrian’s legal representation. Quality legal representation can tremendously impact the outcome of a compensation claim. A skilled pedestrian accident lawyer will build a strong case by investigating the accident’s circumstances, negotiating with insurers, and, if necessary, advocating for the pedestrian’s rights in court.

Navigating the complexities of the legal system and the adversarial nature of the insurance claims process underscores the necessity for legal guidance. With a personal injury attorney on your side, you can maximize the amount insurance will pay to turn your life back around.

With a population of nearly 750,000, the city of Seattle in Washington is bustling with pedestrians. Thousands of people who live in Seattle commute to and from work on foot, navigating the city’s traffic-heavy streets daily. Others may simply walk to a coffee shop, grocery store, or restaurant or stroll around the neighborhood. Since Seattle is an urban city, pedestrians have to share space with motor vehicles such as passenger cars, buses, and motorcycles.

Unfortunately, the busy streets of Seattle pose a danger to pedestrians, with many getting hit by motor vehicles every year. However, not all streets in Seattle are equally dangerous to pedestrians, as there are specific locations where pedestrians are more likely to become accident victims.

Read on to discover some hotspots for these incidents in Seattle. After a collision and injuries, consult a Seattle pedestrian accident attorney right away.

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Seattle, Washington, and Pedestrian Safety

Statistically speaking, the vast majority of pedestrian accidents occur in urban areas, with one study showing that 84 percent of all pedestrian traffic deaths in the United States occur in urban settings. With Seattle being an urban city, pedestrian accidents are not an uncommon occurrence in Washington’s most populated city. This is despite the fact that a Smart Growth America study named Seattle the 8th safest metro area for pedestrians in the U.S. based on the number of pedestrian deaths.

According to a Seattle Times analysis of pedestrian accident data, about 4,500 pedestrians were hit by motor vehicles in Seattle over a 10-year period. While pedestrians may become victims of accidents all over Seattle, the city’s most trafficked streets, like Pike Street, account for a large number of such incidents every year.

Common Types of Injuries in Pedestrian Accidents in Seattle

Victims of pedestrian accidents may face a wide range of injuries, which vary in severity from minor bruises to life-changing conditions like paralysis and head trauma. Below are the common types of injuries that are likely to result from a pedestrian accident:

• Broken bones and fractures. A direct collision or fall can result in broken bones and fractures, often seen in the legs, arms, ribs, or hips. Pedestrians may experience fractures ranging from simple, which require minimal medical intervention, to compound fractures, which can be life-altering and might require surgery and lengthy rehabilitation.

• Spinal cord injuries with paralysis. An injury to the spinal cord can result from a forceful impact or abrupt jolt during an accident. Depending on the severity, it may lead to partial or complete paralysis, significantly altering the victim’s way of life and necessitating long-term medical care.

• Back injuries. Back injuries in pedestrian accidents can include sprains, strains, disc injuries, and fractured vertebrae. The threshold for these injuries varies, and they can range from causing temporary discomfort to chronic pain with a need for ongoing treatment.

• Traumatic brain injuries (TBIs). Head hitting the ground or objects can cause mild concussions to severe brain damage. TBIs can affect cognitive function, physical abilities, and emotional well-being, sometimes leading to permanent disabilities.

• Crush injuries. Crush injuries occur when a body part is trapped between two forces or objects – in the case of pedestrian incidents, often between the vehicle and the ground. These can lead to complications such as compartment syndrome, which requires urgent medical attention.

• Soft tissue injuries. A pedestrian hit by a vehicle is prone to suffering strains, sprains, or tears from falls or sudden twists. While these may seem less severe, they can cause significant pain and mobility issues and often require physical therapy.

• Injured extremities. A pedestrian’s arms and legs are vulnerable to cuts, bruises, or more severe harm, like amputations from collisions with vehicles.

• Internal organ damage. The force of being hit by a car can cause internal bleeding and organ damage in pedestrians. These injuries are particularly dangerous as they may not be immediately apparent and require prompt medical evaluation.

• Road rash. Pedestrians may experience severe abrasions, known as road rash, after being knocked down when skin comes into rough contact with the road surface. These injuries risk infection and may leave permanent scars.

• Emotional and psychological injuries. The traumatic experience itself can lead to emotional and psychological distress, such as anxiety, depression, and post-traumatic stress disorder (PTSD).

It is important to seek medical attention as soon as possible after your accident. Some injuries may not be apparent immediately and can worsen without prompt treatment. This can adversely affect your ability to recover and is likely to hurt your compensation claim. Once you seek medical attention, your next step should be to contact a Seattle pedestrian accident lawyer.

Factors That Increase the Risk of Pedestrian Accidents

A pedestrian accident can happen anywhere, to anyone, and at any time. However, certain factors can make a road accident involving pedestrians more likely. Some of them include:

• Wider roads and multiple lanes. More lanes mean pedestrians need to spend more time crossing the street, increasing their exposure to potential harm.
• Busy roads. High-traffic areas have more vehicles, leading to an elevated risk of pedestrian accidents.
• Streets with high foot traffic. Areas with heavy pedestrian use, including shopping districts and school zones, can be hotspots for accidents, especially when not adequately designed.
• Missing sidewalks. The absence of sidewalks forces pedestrians to walk close to or on the roadway, making them more vulnerable to being hit.
• Inadequate crosswalks. Without designated crossing spots, pedestrians may attempt to cross at more dangerous locations.
• Poor lighting. Dark conditions decrease visibility, making it harder for drivers to see pedestrians and for pedestrians to judge vehicle distance and speed.
• Higher speed limits. Areas where vehicles travel at higher speeds increase the likelihood of pedestrian accidents and the severity of any injuries incurred.
• Day of the week. Accidents are more common on certain days, such as weekends, when there’s more leisure activity and potentially more impaired driving.
• Driver distraction. Distracted driving, including mobile phone use, can lead to drivers not noticing pedestrians in time to avoid a collision. Government agencies in the United States say that widespread smartphone use among car drivers may be partially responsible for an increase in pedestrian accidents in recent years.
• Driver impairment. Impaired driving due to alcohol, drugs, or fatigue reduces reaction time and increases the risk of failing to observe pedestrians. Statistically speaking, alcohol impairment was a factor in more than 40 percent of all pedestrian fatalities.

The presence of any of these factors greatly increases the risk of an otherwise avoidable pedestrian accident.

How Can Drivers Minimize the Risk of Pedestrian Accidents in Cities Like Seattle?

Cities like Seattle, with its dense neighborhoods and wide roads, present unique challenges for pedestrian safety. Drivers have a particular responsibility to ensure the streets are safe for those on foot. Some of the tips for drivers to minimize the risk of pedestrian accidents in the city include:

• Be vigilant at crossings and sidewalks. The unexpected can happen in the blink of an eye, especially in urban environments. Whether it’s a child chasing a ball onto the street or a pedestrian jaywalking, drivers must be prepared for sudden movements. Regularly scanning the road for pedestrians and being prepared to stop or slow down is crucial.
• Respect traffic signals and crosswalks. Traffic signals and crosswalks are specifically designed to regulate the flow of pedestrian and vehicle traffic. Drivers must respect these signals at all times to avoid endangering pedestrians.
• Maintain a safe speed. Speed is a critical factor in both the occurrence and severity of pedestrian accidents. The faster a vehicle is moving, the less time the driver has to react, and the greater the potential harm to a pedestrian.
• Minimize distractions. Distractions can severely impair a driver’s ability to react to pedestrians. To increase everyone’s safety, it is vital that drivers eliminate as many distractions as possible. This includes not using their cell phone while driving.

Following these basic tips can save someone’s life. When a driver fails to obey traffic laws and hits a pedestrian, the pedestrian can recover compensation from the driver’s insurance. A pedestrian accident attorney can seek the full compensation you deserve.

Pedestrian Accident Victims May Have a Case Against Drivers

Pedestrian accidents can have devastating effects and often leave victims facing long-term recovery and mounting expenses. Fortunately, in many instances, injured pedestrians are entitled to compensation and can pursue a case against a negligent driver who hit them. These cases are not simple, however, and hiring a pedestrian accident lawyer is imperative.

Pedestrian accident victims must establish the following factors to prevail in their case against the driver:

1. Duty of care. Every driver on the road has a duty to exercise reasonable care. This includes obeying traffic signs, signals, and laws, being alert to pedestrians, and engaging in safe driving practices.
2. Breach of duty. A breach of duty occurs when the driver fails to observe the care expected of a reasonable person and hits a pedestrian.
3. Causation. The injured pedestrian must prove a link between the driver’s negligence and the accident in which they were hit.
4. Damages. The pedestrian must show proof of actual damages suffered as a result of the driver’s negligent conduct (e.g., medical bills, loss of income, and others).

When it comes to establishing negligence in a pedestrian accident, the following factors may be considered:

• Driver behavior. Was the driver speeding, ignoring traffic signals, or distracted?
• Traffic laws. Was the driver violating any traffic statutes at the time of the accident?
• Witness testimony. What do the accounts from bystanders and those involved in the accident reveal about the incident?

Evidence from the accident scene, such as photographs, surveillance footage, and accident reports, is critical in proving negligence. You might need the guidance and assistance of a Seattle personal injury lawyer when pursuing your case against a negligent driver. Your lawyer will help you prove the necessary elements of your claim, evaluate the full extent of your damages, and ensure you get the compensation you are entitled to.