Kennewick police reported a vehicle vs. pedestrian accident near the intersection of Clearwater Avenue and Colorado Street in Kennewick. Two pedestrians (a mother and daughter) were hit by an oncoming vehicle while crossing Clearwater Avenue. Both pedestrians were transported to a nearby medical center for treatment to their injuries. Police blocked traffic for two hours to investigate the collision. This location does not have a marked crosswalk. Police say the mother and daughter ran across all five lanes of traffic on Clearwater Avenue but were struck by an oncoming SUV traveling in the outside westbound lane. The driver of the vehicle was not injured in the accident. The mother and daughter are said to have non-life-threatening injuries.
If Pedestrian is Injured While Jaywalking, who is at Fault?
Since the pedestrian takes the worst of an accident after being hit, it is easy to assume that the driver is at fault for the accident. However, this isn’t always the case. It is possible for the pedestrian to be at fault, especially if the pedestrian was jaywalking or violating a traffic law which leads to the accident.
Every person on the road whether a pedestrian, bicyclist, motorcyclist or motor vehicle driver must follow the rules of the road. It is against the law for a pedestrian to jaywalk. Jaywalking is defined as walking on areas of a highway or roadway where pedestrian traffic is not permitted. Pedestrians must also obey all traffic signs and signals where applicable.
If a pedestrian fails to follow the rules of the road and is, therefore, a part of an accident, the pedestrian will most likely be found at least partially at fault for the accident. That means any damages the pedestrian is able to recover from other at-fault parties may be lowered. The negligence of the pedestrian will play a factor in a legal claim depending on the rules of the road in the place where the accident occurred.
Washington Comparative Negligence
The state of Washington follows the concept of comparative negligence. Comparative negligence allows a claimant or plaintiff to recover compensation even if they are partially at fault for the accident. However, any rewarded settlement amount is reduced by claimant’s or plaintiff’s proportion of fault in the accident. For example, if an individual is found to be 25 percent at fault but has $10,000 in damages, he or she can only collect $7,500 rather than the full amount.
In Washington even if a plaintiff is 99 percent at fault for the accident, they may still recover one percent of his or her damages. This is the “pure” aspect of the law in Washington meaning there is no threshold of fault that a claimant or plaintiff has to be under to bring a claim.
Hire a Personal Injury Attorney to Handle Your Case
If you’ve been injured as a pedestrian or in a car accident, call the experienced personal injury attorneys at Parke Gordon Law Firm to handle your case. Our trusted and knowledgeable attorneys will fight for every penny you deserve. Our law firm believes every client deserves fair representation against big insurance companies with deep pockets. Let us help you beat Goliath! We will fight for every penny you deserve. Call our Tri-Cities law office now for a free consultation at (509) 582-7274.
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Tri-Cities, Washington Law Office
Our Tri-Cities, Washington law office provides legal services to injury clients in and surrounding Tri-Cities, including clients injured in accidents in Kennewick, Pasco, and Richland, Washington. Visit or call our Tri-Cities office now.8905 W Gage Blvd, #200 Kennewick, WA 99336 Phone:(509) 582-7274