What To Do After a Pedestrian Accident in Seattle

When a pedestrian is struck by a vehicle in Seattle, the consequences can be life-altering. From physical injuries and emotional trauma to long-term financial burdens, the aftermath of a pedestrian accident is never simple. Knowing what to do immediately after such an incident can make a major difference in protecting your rights and pursuing the compensation you may be entitled to.

Understanding Pedestrian Rights and Driver Duties in Washington

Pedestrians are vulnerable road users—and Washington law recognises that by offering significant protections.

The Right of Way at Crosswalks

According to RCW 46.61.235, drivers must stop for pedestrians at both marked and unmarked crosswalks. Unmarked crosswalks typically exist at intersections, even if there are no lines painted on the road.

Sidewalks and Due Care

Under RCW 46.61.261, vehicles and bicycles must yield the right-of-way to pedestrians on sidewalks and crosswalks. In addition, RCW 46.61.245 requires drivers to “exercise due care” to avoid colliding with pedestrians, including sounding their horn when necessary.

These laws clearly place a significant duty on drivers to protect pedestrians. When they fail to meet that obligation, they may be held liable for injuries caused by their negligence.

Immediate Steps After a Pedestrian Accident in Seattle

The moments after a pedestrian accident can be disorienting, painful, and frightening. However, the actions you take can affect both your physical recovery and the strength of any potential legal claim.

1. Stay at the Scene and Call 911

Always remain at the scene of the accident. Call emergency services so police and paramedics can respond. Not only is this essential for medical help, but it ensures the incident is officially documented—something insurance companies and attorneys will rely on later.

Washington law (RCW 46.52.020) requires that all parties involved in a collision that causes injury or property damage must stop, provide assistance, and exchange information.

2. Get Immediate Medical Attention

Even if your injuries seem minor, it's vital to seek medical care right away. Internal injuries and concussions may not be apparent immediately. Having a medical record created on the day of the accident also provides critical documentation for your claim.

3. Document the Scene

If you’re able, take photos or videos of the following:

• The location and crosswalk
• Traffic signs or signals
• The vehicle involved and its license plate
• Your injuries
• Any hazards (e.g., potholes, poor lighting)

Also try to collect names and contact details of witnesses who saw the accident happen.

4. File a Police Report

The police will usually file a report at the scene. However, if they don’t, or if you left for medical care, make sure to follow up and file one yourself. This report is often key in determining liability.

5. Notify Your Insurance Company

Washington is a fault-based insurance state, which means the driver’s insurance typically pays for damages. Still, notifying your own insurer is important. Be factual, but do not speculate about fault or give a recorded statement without legal guidance.

Liability and Negligence: Who’s Responsible?

Proving Negligence

To win a personal injury claim in Seattle, the injured pedestrian (or their attorney) must show:

• The driver had a duty of care (e.g., follow traffic laws)
• The driver breached that duty (e.g., ran a red light)
• The breach caused the pedestrian’s injuries
• The pedestrian suffered damages (medical bills, lost wages, etc.)

At the Law Office of J.D. Smith, PLLC, proving these elements is central to every pedestrian injury case the firm takes on.

Comparative Fault in Washington

Washington follows a comparative negligence system under RCW 4.22.005. This means if a pedestrian was partially at fault (e.g., crossing against a signal), their compensation may be reduced by their percentage of fault.

For example, if a pedestrian is awarded $100,000 but found to be 10% at fault, they would receive $90,000.

This makes it especially important to have an experienced lawyer who can push back on unfair blame.

What Compensation Can You Recover?

Victims of pedestrian accidents often suffer more than just broken bones. Your injuries may prevent you from working, require long-term care, or impact your quality of life. You may be entitled to compensation for:

• Medical expenses (emergency care, surgeries, rehab, prescriptions)
• Lost wages and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life

In wrongful death cases, families may also pursue compensation for funeral expenses, loss of companionship, and lost household income under RCW 4.20.010.

Statute of Limitations for Pedestrian Accidents in Washington

Washington state law allows three years from the date of the accident to file a personal injury lawsuit. This time limit is strict, and missing the deadline can bar you from recovering any compensation—regardless of the facts of your case.

Don’t wait until the deadline is near. Investigating, negotiating with insurers, and filing suit takes time—and early legal action gives your attorney the best opportunity to build a strong case.

Seattle-Specific Risks for Pedestrians

Seattle has a higher-than-average rate of pedestrian injuries, especially in areas like:

• Downtown intersections
• Rainy and low-light conditions
• Busy arterial streets (Aurora Ave N, Rainier Ave S)
• School zones and bus stops

In some cases, a third party such as the City of Seattle or a construction company may be partially liable for poor road maintenance, broken signals, or dangerous infrastructure. These cases require timely investigation and may involve claims against a government entity.

The Law Office of J.D. Smith, PLLC has experience evaluating and building such complex claims.

Working with the Law Office of J.D. Smith, PLLC on Your Pedestrian Accident Case

The Law Office of J.D. Smith, PLLC focuses extensively on auto-related personal injury cases—including pedestrian, motorcycle, trucking, and bicycle accidents. We’ve represented injured clients throughout Seattle for decades, with a strong track record of results in cases where others might give up.

Why Choose the Law Office of J.D. Smith, PLLC?

• Deep knowledge of Washington traffic laws
• Focused on pedestrian and auto injury cases
• Trusted by clients for honest, ethical representation
• Compassionate team that handles every step
• Proven results in difficult and high-stakes injury claims

Our team understands the unique challenges that injured pedestrians face—and we’re committed to helping clients navigate the road to recovery with dignity and legal strength.

Contact the Law Office of J.D. Smith, PLLC today at (206) 537-0106 for a free consultation.

You don’t pay unless they win your case.