The Seattle Times has reported that the Seattle Police Department will be performing “sting” operations to catch drivers who don’t stop for pedestrians. The SPD will be using “pedestrian decoys” who approach or use marked cross-walks and then monitor drivers’ responses.
The SPD expects to perform at least 10 sting operations in 2009.
I previously wrote about the higher car-pedestrian accident cases seen in Seattle.
According to statistics, at least 468 car-pedestrian collisions were reported in 2008. This statistic puts Seattle first among all ’safest U.S. cities.’ according to a City spokesperson.
Washington law imposes a dual “duty of care” upon both pedestrians and automobile drivers. But if a pedestrian is in a cross walk, then an approaching driver has an obligation to slow or stop for that person. However, a pedestrian that steps out in a cross walk in front of a moving vehicle where that vehicle has no time to stop or avoid a collision may result in that pedestrian committing negligence.
I’ve written before on this blog about car-pedestrian accidents. These can be complex cases to pursue because often the persons involved will argue the other one caused the accident. That’s why a prompt investigation is usually best so witnesses can be located and statements obtained. In cases where there are no witnesses, my experience is that the driver’s auto insurance company will vigorously defend a subsequent claim for injuries and damages suffered by the pedestrian. Even if there is no dispute regarding liability, there’s a lot the auto insurance company can do to try and minimize the claim payout.
And contrary to popular belief, the fact that the police may cite the driver or the pedestrian does not impact a later civil proceeding for damages. A citation is inadmissible in a civil suit, particularly if the citing officer has no education or experience in accident reconstruction.
I applaud the City for taking affirmative steps to reduce car-pedestrian collisions. Let’s hope it is successful and prompts more drivers to slow down in pedestrian-heavy areas of the city.
To learn more about accident claims and how to navigate the insurance claims process, go to www.WashingtonAccidentBook.com to order a free copy of Mr. Davis’ book, “The Ten Biggest Mistakes That Can Wreck Your Washington Accident Claim.”
on May 4th, 2009 at 10:38 pm
I applaud Seattle Plolice Departments efforts, I wish more cities would be proactive in reducing these accidents.