Tacoma Pedestrian Injury Lawyer

Washington Law Is on Your Side

Under RCW 46.61.235, drivers in Washington are required to stop and remain stopped for pedestrians crossing in both marked and unmarked crosswalks. This protection applies at every intersection in the state — even where there are no painted lines. If a driver failed to yield and struck you, that violation is strong evidence of negligence.

Washington also follows a pure comparative fault rule under RCW 4.22.005. Even if an insurer argues you share some responsibility for the accident, you can still recover damages — your compensation is reduced only by your percentage of fault. Insurers frequently use this rule to pressure victims into accepting less. Understanding how it actually works is critical to protecting your claim.

For a full breakdown of what the law requires, including how unmarked crosswalks work and what happens when fault is disputed, read our guide to Washington’s pedestrian right-of-way law explained.

How Pedestrian Accidents Happen

Most pedestrian crashes are preventable. They happen because a driver made a choice — to look at a phone, to speed through a crosswalk, to drive impaired. Understanding the cause of your accident helps establish who is liable.

Speeding

Higher vehicle speeds dramatically increase both crash probability and injury severity. A pedestrian struck at 40 mph faces a far higher fatality risk than one hit at 20 mph.

No matter how the crash happened, our attorneys investigate the facts and build your case around evidence — not what the insurance company claims.

Injuries Pedestrians Commonly Suffer

Pedestrians have no structural protection against a vehicle. The injuries that result are often severe, long-lasting, and expensive to treat. We evaluate the full scope of harm — including long-term care costs and lost earning capacity — before any settlement discussions begin.

Serious but Recoverable Injuries

• Soft tissue injuries and ligament damage

• Broken bones — arms, legs, pelvis, ribs

• Lacerations and scarring

• Psychological trauma and PTSD

• Concussion and post-concussion syndrome

What Compensation Can You Recover?

Washington law allows injured pedestrians to pursue both economic and non-economic damages. We assess current losses and long-term consequences before any resolution is considered.

If a Loved One Was Killed

• Funeral and burial costs

• Lost financial support to the family

• Loss of companionship and parental guidance

• Survival action damages for pain suffered before death

Learn more about wrongful death claims in Washington.

Washington has no cap on non-economic damages in personal injury cases. Don’t settle before you understand what your case is actually worth.

Steps to Take After a Pedestrian Accident

The decisions you make in the hours and days after a crash can significantly affect your claim. Here is what to do — and what to avoid.

1. Call 911. A police report creates an official record of the crash. Washington requires reporting any accident involving injury.
2. Stay at the scene until officers arrive. Do not leave, even if the driver pressures you to handle it informally.
3. Get the driver’s information. Name, license plate, insurance carrier, and contact details. Get witness contact information as well.
4. Document everything you can. Photos of the scene, your injuries, the vehicle, skid marks, and any traffic signal placement.
5. Seek medical attention immediately — even if injuries feel minor. Traumatic brain injuries and internal injuries may not present symptoms right away.
6. Do not give a recorded statement to the driver’s insurer. Adjusters are trained to use your words to reduce your claim. Speak with an attorney first.
7. Preserve any nearby surveillance footage. Intersection cameras, business cameras, and dashcam recordings can overwrite within days. Time matters.

Frequently Asked Questions

What if the driver who hit me fled the scene?

A hit-and-run does not end your right to compensation. Washington requires auto insurance policies to include uninsured motorist (UM) coverage, which can pay for your injuries when the at-fault driver cannot be identified or is uninsured. We can help you file a UM claim and navigate the process.

How long do I have to file a pedestrian injury claim in Washington?

In most cases, you have three years from the date of the accident under Washington’s statute of limitations (RCW 4.16.080). However, if the at-fault party is a government entity — such as a city bus or municipal vehicle — the deadline to file a claim notice can be as short as 60 days. Acting quickly protects your options.

Can I still recover damages if I was jaywalking?

Possibly, yes. Washington’s pure comparative fault rule means your compensation is reduced by your percentage of fault — but not eliminated. If a driver was speeding, distracted, or failed to exercise reasonable care, they may still bear significant liability even if you crossed outside a crosswalk. Every case depends on its specific facts.

The driver’s insurance company called me. What should I do?

Do not give a recorded statement and do not accept any settlement offer before speaking with an attorney. Initial settlement offers are almost always lower than the full value of the claim. Once you accept, you typically cannot reopen the case — even if you discover new injuries later.

What if I was struck by a rideshare vehicle like Uber or Lyft?

Rideshare accidents involve multiple layers of insurance coverage depending on whether the driver was actively transporting a passenger, waiting for a ride request, or off duty. These cases are more complex than standard pedestrian claims and require careful evaluation of which policies apply. We handle rideshare injury cases across Western Washington.

Talk to a Pedestrian Injury Attorney Today

If you were hit while walking in Tacoma or anywhere in Western Washington, you have the right to pursue compensation. The Law Offices of Michael Clark handles pedestrian injury cases on a contingency basis — no fee unless we win. Michael Clark (WSBA #23035) has represented injury victims across Pierce and King Counties since 1993.

Call 253-573-1000 or request a free consultation online. We offer video, phone, and in-office appointments to fit your schedule.