The driver was a 22-year-old young woman.  She had no insurance, and worked as a waitress.  She was allegedly using her cell phone at the time of the accident.

I had to decline the case.

The reason?  The parents of the 15-year-old did not purchase Uninsured Motorist (UM) coverage under their own auto policy.

In Washington State, auto insurance companies have to offer UM coverage unless it is rejected in writing by the insured.

The parents had rejected UM coverage five years ago as a way to save money.  That decision proved tragic, and in the end deprived their son with the opportunity to obtain full compensation for his medical treatment and injuries.

Relatively speaking, the cost of UM coverage is very cheap.  Right now I pay about $150.00 per year for $1 Million in UM coverage on two separate vehicles.

Statistically, most accidents are caused by uninsured and underinsured motorists.  These are individuals that are more likely to be irresponsible on our roadways.  Most of us have to protect ourselves from irresponsible drivers.  Adequate UM coverage is one way to do this.

The mother of that 15-year-old boy told me that she and her husband will likely have to declare bankruptcy because they won’t be able to pay for their son’s medical bills.  Understandably, she and her husband are angry that this could happen.  Through no fault of their own, they may be ruined financially.

My message to parents is to carry adequate auto coverage, including coverage for uninsured motorists.  This coverage can prevent financial ruin if one of your family members becomes the victim of an accident.

Why do we see more of these cases starting this time of year?  I have to believe that in April/May when the weather gets warmer and nicer, more people choose to walk rather than drive.  With more pedestrians using marked and unmarked crosswalks, we see more accidents.

Under the law (RCW 46.61.235), a driver is obligated to stop when approaching a marked or unmarked crosswalk where a person has indicated an intention to cross.  However, this same statute prohibits a pedestrian from suddenly entering into the path of an oncoming vehicle when it is impossible for the driver to stop in time.

What if the pedestrian tries to cross the road at a point other than a marked or unmarked crosswalk?  The law (RCW 46.61.240) states that the pedestrian must yield the right of way to a vehicle on the roadway.  This means that a pedestrian should almost always cross the street at a marked or unmarked crosswalk.  An unmarked crosswalk is usually a location on the roadway at an intersection or cross street which may be used by persons to cross the street.

Under all circumstances however, a driver must exercise due care and watch out for pedestrians.  See RCW 46.61.245.  This means that if a driver can avoid hitting a pedestrian, or should have avoided hitting the pedestrian, then the driver may still be at fault regardless of where the pedestrian attempted to cross the street.

Given the status of the laws which govern pedestrian car accident cases, we must always focus on the facts of the accident.  Here are some questions Davis Law Group typically will ask to help us investigate a case and determine if the driver is liable or partially liable for hitting a pedestrian:

1. Where was the pedestrian in the roadway when he/she was hit?
2. Why didn’t the driver see the pedestrian?
3. What was the driver doing when the accident occurred?
4. How fast was the driver going?
5. What traffic control measures existed (stop sign, traffic light, PED signs, etc.)?
6. How did the pedestrian cross the street?
7. What do the witnesses state?
8. What conclusions did the investigating police officer arrive at?

The answers to these questions will help us build a case on behalf of the injured pedestrian.  So it is usuallyimportant that we get involved in the case as soon as possible so we can track down witnesses and gather evidence.

MSNBC reports that there have been a rash of pedestrian accidents in Snohomish County over the last few weeks.  Since mid-February, at least five (5) teenagers have been hit by trucks or cars while walking along Snohomish County roads.

“I’m not even sure why this is happening,” says Kristen Thortenson, a spokesperson for the Marysville Fire District and Snohomish County SafeKIDS. “Kids are paying less attention, and so are drivers.”

Although none of the young people were killed, most of them were taken to Harborview Medical Center in Seattle, the top trauma center in the Northwest region.  One boy suffered what has been described a “life-changing” injury, but no other details were given.

Experts believe there may be several factors at play, which may explain the rash of pedestrian accidents involving teens.  Teenagers are still growing and they may not be used to these changes, and may make risky decisions (like darting across the street at night). 

The switch to daylight savings may also play a factor.  Typical a time change will bring an increase in accidents because people are not used to the time change. 

Drivers today may also be failing to pay enough attention, especially when more and more people are using cell phones and other technological devices while driving.

All of us, pedestrians and drivers, need to take greater precautions, especially at night.  I would also advise teens to avoid walking along county or rural roads at night, without other traffic control measures present (like lights, sidewalks, etc.). 

I’ve also written in previous posts that Washington law imposes a duty of care on BOTH drivers AND pedestrians.  This means each person has to act carefully in consideration of the circumstances that are present.  Determining fault in auto-pedestrian cases can be challenging and complex.  Often times the determination of who caused or contributed to the accident is heavily dependent on the facts.  A change in one fact can lead to a different conclusion when it comes to deciding who should be charged for causing the accident.

Luckily, the bus was equipped with a camera which will provide invaluable evidence about how the accident occurred.  It was unknown whether the man was crossing at a marked or unmarked cross walk.  Although the fact that the man may or may not have been in a cross walk is not always determinative when it comes to assessing liability for the accident, it is often the first such question that police investigators ask.

I previously wrote about pedestrian accident cases.  A pedestrian who’s hit in a cross walk does not always mean that the driver is at fault.  Similarly, a pedestrian who’s hit while crossing the street outside of a marked cross walk does not always mean that the pedestrian is at fault.

Washington law imposes a duty of care upon both the driver and the pedestrian.  A pedestrian cannot cross the street, even in a cross walk, in such a manner so as to make it impossible for the driver to stop.  Also, a driver has the obligation to avoid causing a collision with a person even if that person is crossing the street outside of a cross walk.  Thus, whether each person satisfied their duty of care will depend on the individual facts involved.  Witness testimony is usually extremely important.  So is the results of a police investigation that collects physical evidence at the scene, and often includes measurements taken of skid marks, debris, etc.

I hope this man makes a speedy recovery.  He may be lucky in the sense that the video footage will show how this incident occurred.

As Mr. Dodson points out, the NHTSA stats show that the majority of the deaths happened in urban areas and outside of crosswalks away from intersections. What is noteworthy is that alcohol played a factor in 49% of these fatal traffic accidents. 

Auto accidents involving pedestrians are usually the most severe when it comes to causing catastrophic injuries and damages.  These cases are not always a slam dunk from a legal standpoint.  In Washington, a pedestrian owes a duty of care and a duty to act reasonably when crossing the street.  For example, RCW 46.61.235 states that it is illegal for a pedestrian to cross a street in a manner that makes it impossible for the driver to stop.  For this reason, a person who is hit in a crosswalk is not always fault-free, and the insurance company often takes a hardline approach to these cases.

By the same token, a person who is hit or killed while crossing the street in a no-cross zone, or outside of a crosswalk, is not always at-fault for the accident.  Many times a driver is engaging in some unsafe conduct, like speeding or failing to pay attention, and these circumstances can be used to show that the driver shares most or all of the fault for causing the accident.

Motor vehicle and pedestrian accident cases are complex, time-consuming and should be investigated thoroughly.  Often times the facts are hidden and must be flushed out by an experienced attorney and/or accident investigator.  I’ve seen many cases where it appears to be an open and shut case about who caused the accident, but in fact further investigation reveals a different determination.

The police reported that the man, Brandon J. Harris, stopped his vehicle on 183rd Avenue Southwest to speak to someone he saw in a car parked on the side of the road.  Mr. Harris was then hit when while attempting to cross the street to return to his car.

Although the other driver was not cited for the incident, it is unclear who was at fault for the collision.  Washington law states that both pedestrians and drivers exercise ordinary care.  One question that needs to be answered is whether Mr. Harris stepped out in front of the driver without an opportunity to avoid the collision, and whether the driver was acting in a negligent fashion, like speeding or failing to pay close attention to the roadway. 

I expect the police to perform a fatality investigation which means all evidence will be considered and analyzed before fault can be assessed.  The Davis Law Group offers its condolences to the family of Mr. Harris.  This is no doubt a tragic loss.

On February 1, 2009, it was reported by the Kitsap County Sheriff’s Office that a 3-year-old child was killed while the child’s mother was backing up a truck.  Reports were that the mother went outside to the truck, and the child followed without the mother’s knowledge.  The toddler climbed into the bed of the truck before it sped off.  Then the child fell off the back and was severely injured.  The child later died.

This is just a horrible, horrible accident.  I have a 4 year-old child, and I just can’t imagine this happening.  I really feel bad for the child’s mother.  I know she must be devastated.  I know I would be.  My heart goes out to this grieving family, and I pray that they have the strength to overcome this terrible tragedy.

Sunday, December 21, 2008
Fall City, Washington

A pedestrian walking along State Route 202 in Fall City was hit by a car.  The pedestrian, Matthew R. Mahaffey, 34, of Snoqualmie, was taken to Harborview Medical Center in Seattle.  The accident happened around 7:30 p.m. on Sunday evening.

The driver who hit Mr. Mahaffey was a resident of Bellevue.  His name was not released.  But he was suspected of driving while under the influence of intoxicating liquor.  The driver was arrested at the scene. 

A driver who is found intoxicated while driving violates RCW 46.61.502.  That statute imposes criminal penalties of jail time and fines for drivers who have a 0.08 BAC – the legal limit in Washington.  However, a driver does not have to blow a 0.08 to be guilty of DUI.  The driver only has to show signs that his or her ability to drive has been affected to an appreciable degree. 

In addition to criminal penalties, the driver may be civily liable to the pedestrian for injuries and damages sustained.  A driver must exercise due care with respect to pedestrians on or near the roadway.  RCW 46.61.245.  A driver who fails to exercise “due care” violates the “rules of the road” among other statutory obligations. 

This information was brought to you by the Seattle Accident Attorney blog, a service of Davis Law Group.  The attorneys and staff at Davis Law Group help people who have been seriously injured or harmed in drunk driving accidents, including accidents involving cars, buses, motorcycles and pedestrians. ]]> http://theseattleaccidentattorney.com/pedestrian-hit-on-sr-202-driver-arrested-for-dui-l-seattle-accident-attorney/feed/ 0