FOUR Legal Challenges Pedestrian Accident Victims Often Face
Tacoma is Washington’s third-largest city that sits on the shores of Puget Sound about 30 miles south of Seattle. This city has a population of around 220,000 people. It’s a city that has transformed itself from an industrial port town into a vibrant economic center. This city is also known as the “City of Destiny.”
With such a population, Tacoma’s busy streets often lead to pedestrian accidents. This especially happens near walkways, downtown spots, and the waterfront. These crashes are common due to narrow sidewalks and distracted drivers.
The aftermath of an accident is always a headache. You have to deal with complex laws that are related to accident cases. This is why hiring a pedestrian accident lawyer in Tacoma, WA, can be very helpful. Because they understand the law better and know how to navigate smoothly.
On top of that, there are several challenges a victim has to face while stuck in a pedestrian accident case. Understanding the common legal challenges can help victims prepare for what lies ahead.
1. Proving the Driver Was at Fault
One of the biggest difficulties in pedestrian accidents is proving that the driver caused the accident. Even when you know that the driver was responsible, establishing legal fault requires solid evidence.
Drivers and their insurance companies often try to shift blame onto the pedestrian. They might say that:
- The pedestrian crossed the street illegally.
- The pedestrian wasn’t paying attention.
- The pedestrian was wearing dark clothing at night.
Without clear evidence like a witness statement, traffic camera footage, or police report, it becomes hard to file a claim.
Victims need to gather evidence quickly after an accident. This includes
- Getting contact information from witnesses
- Taking photos of the scene
- Obtaining a copy of the police report
Medical records that document injuries immediately after the accident also help establish a clear timeline and connection related to the crash.
2. Dealing with Insurance Companies
Insurance companies are business-focused. After a pedestrian accident, victims often face tricky tactics from insurance adjusters.
Insurance adjusters may contact victims soon after the accident. They might offer a quick settlement that sounds reasonable but, in reality, is far less than what the victim deserves. These early offers rarely include
- Long-term medical costs
- Lost wages
- Ongoing pain and suffering.
Insurance companies may also use recorded statements against victims. They may ask innocent questions that are designed to get victims to say something that weakens their case. For example, if a victim says they are “feeling fine,” the insurance company might use that statement to argue that the injuries were not serious.
This is why victims should be extremely careful when dealing with insurance companies. It’s often wise to avoid giving recorded statements or accepting settlement offers without consulting a lawyer.
3. Understanding Comparative Negligence Laws
Many states use comparative negligence rules. This means that if the pedestrian is found partially at fault, their compensation can be reduced or even eliminated.
For example, if a pedestrian crossed a red light and was hit by a speeding driver. This means both parties might share fault. Here, if the pedestrian is found to be 30% responsible, then the compensation would be reduced by 30%. Similarly, if the pedestrian is found more than 50% at fault, they might not get anything at all.
4. Meeting Strict Legal Deadlines
Every state has a statute of limitations that sets a deadline for filing a personal injury lawsuit. These deadlines vary by state. You can file a lawsuit from one to three years from the date of the accident.
Missing this deadline means you are losing the right to seek compensation. So, acting swiftly matters a lot.
Some victims delay taking action because they are focused on recovery or hope the insurance company will offer a fair settlement. Waiting too long can severely damage a case. Because
- Evidence disappears.
- Witness forgets important detail and
- Medical records become harder to obtain.
Key Takeaways
- Pedestrian accidents can turn your life upside down.
- You might need to file a claim in order to get fair compensation in a pedestrian accident case.
- Proving the driver’s fault is one of the biggest challenges.
- In such accidents, insurance companies use certain tactics to lower the compensation amount.
- It’s always advisable not to accept a settlement without consulting a lawyer.
