When a driver’s negligence in Bellingham injures you, Washington law gives you the right to seek compensation.
But there is a difference between having rights and successfully recovering what you are owed. The process involves deadlines, detailed negotiations with insurance carriers, and a significant burden of proof.
At Narwal Injury Law, our work is dedicated to handling these burdens for people in your situation. We build your case so you can focus on your recovery. If you have questions about what to do next, we provide clear answers.
Call us for a no-obligation consultation today at (360) 854-3440 to speak with a Bellingham pedestrian accident lawyer.
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Bellingham Pedestrian Accident Guide
A Local Firm with a Foundation in Washington Law
Narwal Injury Law was founded to serve the Bellingham and Whatcom County communities. As a locally owned firm, we handle only personal injury cases.
Before founding our firm, Gurj Narwal spent over a decade as an Assistant State Attorney General and an Assistant Seattle City Attorney. This background gives him a detailed understanding of how to build a case that anticipates the other side’s arguments. His practice is dedicated exclusively to personal injury law.
Our office is in the heart of downtown Bellingham at 114 West Magnolia Street, Suite #424, a short walk from the Bellingham Public Library and near the Depot Market Square, making it accessible for our local clients.
We believe everyone deserves access to legal guidance after an injury. That’s why we offer:
- A Free, No-Obligation Case Review: We will listen to your story and give you a straightforward assessment of your options.
- A “No Win, No Fee” Guarantee: You pay us nothing unless we successfully recover compensation for you. This is also known as a contingency fee agreement.
- Direct and Personalized Attention: When you work with us, you work directly with our legal team. We are here to answer your questions and keep you informed.
What Is Your Pedestrian Accident Claim Worth?
The goal of a personal injury claim is to provide the financial resources to cover every loss you suffered because of the accident. It is meant to make you “whole” again, at least from a financial standpoint. In Washington, compensation, or “damages,” is separated into distinct categories.
Economic Damages
These are the tangible financial losses you have incurred, anything that comes with a bill, receipt, or pay stub.
- Medical Expenses: This covers everything from the ambulance ride and emergency room visit to ongoing physical therapy, future surgeries, and prescription medications. It includes every medical cost related to the accident.
- Lost Wages: If your injuries keep you from working, you can pursue compensation for the income you have already lost.
- Loss of Future Earning Capacity: If your injury is permanent and limits your ability to earn a living in the future, we work with financial and vocational experts to calculate this long-term loss.
Non-Economic Damages
These losses are just as real, but they don’t come with a clear price tag. They are meant to compensate for the human cost of the accident.
- Pain and Suffering: This refers to the physical pain and emotional distress your injuries have caused.
- Loss of Enjoyment of Life: An injury might prevent you from participating in hobbies, family activities, or aspects of life you previously valued.
Untangling the Insurance Puzzle: Who Pays for Your Recovery?
After an accident, figuring out which insurance policy pays for what can be confusing. Typically, there are three potential sources of coverage that can work together to cover your expenses.
- The At-Fault Driver’s Liability Insurance: This is the primary source of compensation. We file a claim against their policy to cover your medical bills, lost income, and pain and suffering.
- Your Personal Injury Protection (PIP): If you have auto insurance, you likely have PIP coverage. PIP is a no-fault benefit, meaning it pays for your initial medical expenses and some lost wages right away, regardless of who was at fault. This provides immediate financial help while the main claim is pending. We can help you open this claim.
- Uninsured/Underinsured Motorist (UIM) Coverage: What if the driver who hit you has no insurance or not enough to cover your bills? Or what if it was a hit-and-run? Your own UIM coverage, governed by RCW 48.22.030, can step in to cover the gap. It acts as the insurance the at-fault driver should have had.
How Does “Comparative Fault” Affect Your Compensation in Washington?
Washington follows a pure comparative fault rule. Think of it like a pie chart of responsibility. A court determines how much fault each person contributed to the accident, and your final compensation is reduced by your percentage. For example, if you are found 10% at fault, your total award is reduced by 10%.
Insurance companies know this rule well. They conduct a thorough investigation, looking for any evidence to argue you were at fault to reduce their payout. Our role is to keep them accountable and ensure no amount of blame is unjustly put on you.
How Does Washington Law Protect Pedestrians?
Washington law provides specific protections for pedestrians, but it also outlines your responsibilities.
- All Intersections Are Crosswalks: Under Washington law, almost every intersection is considered a legal crosswalk, whether it is marked with paint or not. Drivers must stop and yield to pedestrians in these crosswalks.
- Failure to Yield Is the Leading Cause of Accidents: The most common reason drivers hit pedestrians in Washington is a failure to yield the right-of-way. Drivers are required by Washington law to stop for pedestrians in a crosswalk.
- Pedestrian Duties: Pedestrians also have duties. You must yield to vehicles when crossing outside of a marked or unmarked crosswalk. You cannot suddenly step off a curb into the path of a vehicle that is too close to stop safely.
- Drivers Must Exercise Due Care: Even outside of crosswalks, drivers have a general duty to be cautious and avoid hitting pedestrians.
What Kinds of Injuries Do We See?
A pedestrian has no physical protection in a collision, so the injuries are frequently severe and rewrite every aspect of life. We handle cases involving:
- Traumatic Brain Injuries (TBIs): These can range from concussions with lingering symptoms to permanent, severe brain damage.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, changing a person’s life forever.
- Broken Bones and Fractures: The legs, hips, and arms are commonly fractured in pedestrian accidents.
- Internal Injuries: The force of impact can cause serious damage to internal organs, which might not be immediately apparent.
- Soft Tissue Damage: Severe sprains, strains, and torn ligaments can lead to chronic pain and mobility issues.
Identifying High-Risk Areas for Pedestrians in Whatcom County
While an accident can happen on any street, certain road designs and environmental factors elevate the risk. In our experience with local cases, we see collisions happen frequently in specific types of locations around Bellingham.
- Busy Intersections: Areas with heavy vehicle traffic, such as the intersections along Lakeway Drive, Meridian Street, and Samish Way, are frequent accident sites. This is especially true at intersections with complex light patterns or those that permit turns on a red light.
- Downtown Bellingham and Fairhaven: The historic districts have a high volume of foot traffic mixing with cars, delivery trucks, and cyclists. Crosswalks near popular destinations like the Mount Baker Theatre or Village Books are dangerous if drivers are not paying full attention.
- Near Western Washington University (WWU): The roads surrounding the WWU campus, including Bill McDonald Parkway, see thousands of students crossing daily. Accidents here are common, particularly at night or during the heavy rain our climate is known for.
- Large Parking Lots: The parking lots of major retail centers like Bellis Fair Mall or the Sehome Village Shopping Center are sites of many low-speed but serious pedestrian accidents. Drivers are frequently distracted looking for a parking spot and may not see a person walking between cars.
What Local Factors Contribute to These Accidents?
- Weather: Bellingham’s persistent rain and fog can dramatically reduce visibility for drivers, making it harder to spot pedestrians, especially at dawn and dusk.
- Time of Day: National statistics show that most pedestrian fatalities occur at night. In Bellingham, our long, dark winter evenings compound this risk.
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What Does It Take to Build a Successful Case?
A successful claim requires more than just proving you were hit by a car. It demands clear evidence that the driver was negligent and that their negligence directly caused your injuries and losses.
What Are Common Causes of Pedestrian Accidents?
Our work involves investigating and proving one or more of the following factors:
- Failure to Yield at a Crosswalk: Drivers are required by law to stop for pedestrians in marked and unmarked crosswalks.
- Distracted Driving: This includes a driver texting, talking on the phone, or focusing on a vehicle’s infotainment system instead of the road.
- Speeding: A driver moving too fast has less time to react to a pedestrian and will cause far more severe injuries on impact.
- Impaired Driving: Driving under the influence of alcohol or drugs remains a persistent danger.
- Disregarding Traffic Signals: A driver running a red light or a stop sign can have catastrophic consequences for a pedestrian legally in the crosswalk.
The Most Important Deadline: The Statute of Limitations
In Washington, you generally have three years from the date of the accident to file a personal injury lawsuit. While three years might sound like a long time, building a strong case requires careful investigation and evidence gathering. It is best to begin the process well before this deadline gets close.
Understanding the Insurance Company’s Role
hortly after the accident, you will likely get a call from an insurance adjuster from the at-fault driver’s policy. The adjuster may sound friendly and concerned, but it helps to understand their objective.
Insurance companies are businesses. They must balance paying out fair claims with remaining profitable. This creates a natural conflict between what is best for you and what is best for their business.
What to Watch Out For
- Requests for a Recorded Statement: You are not obligated to provide one. Adjusters are trained to ask questions designed to elicit responses that can be used to devalue your claim later. We recommend that you do not give a statement without consulting a lawyer.
- A Quick Settlement Offer: An insurer might present an offer before the full extent of your injuries is known. A fast check may seem helpful as bills arrive, but accepting it prevents you from seeking further compensation if your injuries turn out to be more serious than they first appeared.
- Requests for Broad Medical Authorizations: They might ask you to sign a form that gives them access to your entire medical history. This lets them search for pre-existing conditions they can claim are the real cause of your pain. We can help ensure they only receive access to relevant medical records.
Actions You Can Take from Home to Strengthen Your Case
While your lawyer handles the legal work, there are several things you can do to protect your right to fair compensation.
- Follow Your Doctor’s Treatment Plan: It is incredibly important to attend all medical appointments and follow through on all recommended treatments, such as physical therapy. If you don’t, an insurer may argue you weren’t truly injured or that you failed to take reasonable steps to recover.
- Keep a Journal: Write down how you are feeling each day. Note your pain levels, any physical limitations, and how the injuries are affecting your daily life. This can become powerful evidence of your non-economic damages.
- Track All Expenses: Keep every bill, receipt, and pay stub related to the accident in one dedicated folder. This includes mileage to and from your doctor’s appointments.
- Stay Off Social Media: Insurance companies frequently review a claimant’s social media profiles. A photo of you at a social event could be taken out of context and used to argue that your injuries are not as severe as you claim. It is best to refrain from posting until your case is resolved.
Frequently Asked Questions About Pedestrian Accident Lawyers
What if I was partially at fault? Can I still recover compensation?
Yes. As mentioned earlier, Washington’s pure comparative fault rule allows you to recover damages even if you were partly to blame. For example, if you crossed the street mid-block, you might be found partially at fault. However, the driver may still hold the majority of the responsibility if they were speeding, distracted, or otherwise negligent.
How long will my pedestrian accident case take to resolve?
The timeline varies. A straightforward case might settle in a few months, while a more involved case that requires a lawsuit could take over a year. A key factor is waiting until you reach “maximum medical improvement”, which is the point at which your doctors have a clear picture of your long-term prognosis.
What if a hit-and-run driver struck me?
This is a difficult situation, but you still have options. You can typically file a claim through your own auto insurance policy, provided you have Uninsured/Underinsured Motorist (UIM) coverage. This coverage is designed for this exact scenario, stepping in to act as the at-fault driver’s insurance.
You Have Rights as a Pedestrian. We Help You Uphold Them.
The truth is, the system isn’t designed for you to handle alone. The driver’s insurance company has a team of professionals working to protect its interests. You deserve to have someone protecting yours.
Your only job right now is to focus on getting better. Let us take care of the rest. We will provide clarity about your situation and help you decide on the right path forward.
For a straightforward conversation about your pedestrian accident claim, call Bellingham personal injury lawyer at Narwal Injury Law today at (360) 854-3440.
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(425) 842-8888
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(425) 842-8888