Pedestrian accidents frequently result in life-altering consequences. Traumatic leg injuries, for instance, often have long-lasting effects, making it more difficult for victims to regain their mobility and reclaim their independence. Even when recovery seems like a certainty, some survivors struggle to overcome unexpected challenges. For many victims, the costs of treatment accumulate quickly and uncontrollably, leaving them to make difficult decisions about their physical health and financial well-being. 
However, Washington state law proactively protects the rights of individuals involved in traumatic incidents. If you or a loved one experienced a leg injury after a pedestrian accident that wasn’t your fault, a skilled personal injury attorney will guide you through the following steps and help you avoid insolvency.
Protecting Your Rights: 5 Steps to Take After a Pedestrian Leg Injury Accident
In Washington, pedestrian accident victims have a legal right to file a civil claim against the person or party who caused their injuries. However, even if you have a seemingly open-and-shut claim for recompense, securing a fair settlement is rarely easy. Since insurance companies are fundamentally for-profit enterprises, they often seize any excuse—no matter how minor—to limit their liability. An adjuster could pressure you into providing a recorded statement, only to try using your own words against you, or demand that you share your health history, hoping to attribute accident-related injuries to a pre-existing medical condition.
You don’t have to leave your leg injury recovery to chance. Instead, take the following steps to protect your rights:
1. Seek Immediate Medical Attention
You should always get prompt medical attention after an accident, even if you don’t believe you’re seriously injured. Compared to motorists, pedestrians face an increased risk of sustaining serious and potentially life-altering medical conditions. For example, common traumatic leg injuries include, but aren’t limited to:
- Bruises and contusions
- Road rash
- Bone dislocation
- Muscle ruptures
- Fractured bones
- Nerve and tissue damage
- Partial or total loss of limb
While many leg injuries exhibit obvious symptoms, some collision-related conditions are more difficult to detect. According to recent research, many pedestrians struck by fast-moving vehicles suffer both traumatic leg injuries and traumatic head injuries (TBI). Left untreated, these conditions could cause life-long disability.
An experienced physician identifies, diagnoses, and treats both traumatic leg injuries and comparatively insidious TBIs. Additionally, seeing a doctor demonstrates to an insurance company that you have genuine concerns about your physical well-being and aren’t simply trying to profit off the accident.
2. Collect and Preserve Relevant Evidence
The overwhelming majority of personal injury claims are settled before they ever reach trial. However, the success of settlement negotiations—or a trial by jury—is often contingent on the availability of high-quality evidence.
You shouldn’t compromise your welfare to gather evidence after a Seattle-area pedestrian collision. But, any essential evidence you can obtain at the crash site could support your claim. This might include:
- Pictures of your physical injuries
- Photographs of the dangerous conditions that caused your accident, including the vehicle
- A voice note or other recording detailing the causes and circumstances of the crash
- Eyewitnesses' names, phone numbers, and other contact information
- Medical records and doctors’ notes
A Washington pedestrian accident attorney will also conduct a more thorough investigation, potentially subpoenaing electronic communication records or surveillance camera footage to obtain a more comprehensive understanding of the collision’s causes.
3. Refuse the Insurance Company’s Overtures
Pedestrian accident victims are often surprised at how quickly insurance companies initiate communication after a crash. Before you have an opportunity to even assess the severity of your leg injury and other damages, an adjuster could:
- Demand a recorded statement.
- Ask you to sign a medical records release.
- Offer an initial settlement without any negotiation.
Insurance companies are sometimes willing to cede some ground if they believe their client likely caused the accident. However, these initial overtures are rarely made in good faith. Instead, a recorded statement or medical records release might provide the insurer with the resources it needs to reduce its liability.
4. Assess Your Damages
You should never accept a settlement without first assessing your damages. In Washington, damages are typically categorized as:
- Economic. This is compensation for tangible financial losses, and may include payment for outstanding medical expenses, anticipated health care costs, and lost income from work.
- Non-economic. This covers comparatively intangible injuries and losses, such as payment for emotional pain and suffering, loss of enjoyment, or disfigurement.
While every pedestrian accident claim is different, common damages include, but are not limited to:
- Reimbursement for paid and outstanding medical costs
- Anticipated care needs
- Physical rehabilitation
- Mental health counseling
- Lost income from work
- Diminished earning potential
- Emotional pain and suffering
- Loss of enjoyment
- Disfigurement
- Wrongful death
Washington, unlike some other states, typically doesn’t limit the damages available in most pedestrian accident claims.
