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When a pedestrian has been struck by a vehicle, the injuries and damages to the pedestrian are usually severe. While this sort of incident is often times the result of inattention on the part of the driver, liability usually comes down to whose version of the facts is more credible. Understandably, many drivers will experience feelings of guilt and reflexive denial concerning fault. We have yet to see a driver that has struck a pedestrian assume responsibility for the incident. If you or someone you know has been injured as a pedestrian, it is vital that you obtain the advice of an experienced personal injury attorney that is familiar with this particular aspect of the law. Our personal injury attorneys have successfully represented pedestrians injured by inattentive and negligent drivers on the road. Call Park Chenaur today for a free consultation and evaluation of your case. There are no attorney fees or costs until we obtain money for you.
Effective and experienced representation can make all the difference. Washington law places the presumptive onus on the driver of the vehicle to avoid striking a pedestrian. Every driver has a duty to "exercise due care to avoid colliding with any pedestrian upon any roadway" and to "exercise proper precaution upon observing any child upon ... a roadway." RCW 46.61.245 (1) (“every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway”); see also Robison v. Simard, 57 Wash.2d 850, 360 P.2d 153 (1961) (users of a public street have a general duty to exercise ordinary care). The law also, however, contemplates that under certain circumstances the driver will have no ability to avoid hitting a pedestrian. RCW 46.61.235 (2) therefore mandates that no pedestrian or bicycle shall suddenly leave a curb or other place of safety and walk, run, or otherwise move into the path of a vehicle which is so close that it is impossible for the driver to stop. RCW 46.61.240 (1) further directs every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles upon the roadway.
The law therefore recognizes that circumstances and liability surrounding an incident will vary according to the particular facts. Ensuring credibility and support for you, the pedestrian, are vital components of every case. We know the necessary steps and have the resources to tell your story. There are no costs or fees until we obtain money for you.
In an effort to avoid serious bodily injury, it is important to always exercise extreme caution as a pedestrian on the roadway. Always look both ways before crossing, use the crosswalk, and obey all traffic control signals. A pedestrian/vehicle accident can result in head injury, muscle sprain and strain, fractures, scarring and even death. If you have suffered injuries as a result of being struck by a vehicle, do not delay in contacting a personal injury attorney in our office.