How Do Insurers Fight Pedestrian Accident Claims?
If you tell an insurance adjuster that you might be partially at fault for the accident and your injuries, the insurer will use your statements to minimize the compensation you can recover under Washington State’s comparative negligence rules in Revised Code of Washington § 4.22.005, which reduce an injured party’s damages recovery in proportion to their relative fault.
When you first contact our pedestrian accident attorneys in our Spokane office, they will determine if insurers have a potential comparative fault defense. For example, they might ask:
- Were you distracted by your phone or some other device when the accident happened?
- Did you go into a street within or apart from a designated crosswalk?
- Were you wearing visible clothing and footwear appropriate for the conditions?
- Did you ignore traffic or crossing signals?
Even if you were partially or even predominantly at fault, you can still recover a portion of your damages. Your attorney’s ability to frame the details of your accident in ways that downplay your fault will make a significant difference in the amount of compensation you ultimately recover.
