What to Do After a Pedestrian Accident

Pedestrian crashes are more common than you may realize. NHTSA's 2024 data show that 7,148 people walking were killed in traffic crashes across the United States, with pedestrian fatalities nearly 20% higher than they were in 2016.

If you've been hit by a car while out walking in Washington, you may feel overwhelmed and be wondering what to do after a pedestrian accident to protect your health, your financial interests, and your legal position. The hours and days directly after a crash are critically important, and the steps you take now will directly influence your recovery and your options going forward.

Step 1: Call 911

If you are able to, call 911 immediately after a pedestrian accident. Doing so dispatches both emergency medical services and law enforcement to the scene, which are the two most time-sensitive priorities after any crash. If you are too seriously injured to make the call yourself, ask a bystander to do it for you.

Step 2: Seek Medical Attention

Get Checked Out Right Away

If you didn't receive medical care at the scene, visit a hospital or clinic as soon as you can. Adrenaline can mask the symptoms of injuries for extended periods of time, and even serious injuries, including traumatic brain injuries that commonly arise from pedestrian collisions, can go unnoticed for several days. The medical records from that visit will also serve as evidence in any pedestrian accident case you choose to pursue, and the sooner you get checked, the stronger that evidence will be.

Follow Your Treatment Plan

Be sure to follow any instructions your doctor issues in the days and weeks after the crash. Adhering to your treatment plan is the fastest path to a full recovery, and it also protects your legal position. If you don't follow through, the defendant in your case may argue that you share some of the fault for your injuries and use that to push for a lower settlement.

Step 3: Make Sure the Crash Is Reported

If the driver who hit you says they "just want to handle it between us," refuse. Getting police involved at the scene of the accident will give your case the strongest possible foundation. If police didn't come to the scene, you should contact your local station and ask to file a full report as soon as you can.

A formal police report documents how the crash happened, who was involved, whether any traffic laws were violated, and what officers observed at the scene, and it serves as important evidence in your pedestrian injury case, especially if the driver later changes their story or tries to blame you for being in the roadway. RCW 46.52.030 requires that any accident involving injury or death be reported, and when an officer responds, they are required to submit an investigator's report.

Review the Report for Accuracy

Once you receive a copy of the police report, review it for accuracy. If you find errors or missing information, you can contact the responding agency to request a correction.

If the Driver Leaves the Scene

If the driver leaves the scene, you should still call 911. Hit‑and‑runs are unfortunately common in pedestrian cases, but reporting quickly can help law enforcement track down the driver or vehicle.

Step 4: Gather Evidence and Contact Information at the Scene

If you can safely do so, use your phone to take photos and video of the scene of your accident before anything is moved.

Information to Collect:

• The vehicle that hit you, particularly its license plate, make, and model, as well as any visible damage.
• Your location in relation to crosswalks, signals, stop signs, or intersections. This is important because your position on the road will have a significant bearing on whether the driver was legally at fault.
• Traffic signals or walk signals (if a signal was malfunctioning at the time of your accident, try to collect evidence of this).
• Road and weather conditions, lighting, and any visual obstructions.
• Any damaged clothing or personal belongings, which can help show the force of the impact.

Ask the driver for their name, contact information, driver’s license, and insurance details. If any witnesses saw the crash, politely ask for their names and phone numbers before they leave. Independent witnesses can be extremely helpful if the driver later claims you “stepped out suddenly” or were not paying attention.

Step 5: Be Careful What You Say to Insurance Companies

The Insurance Adjuster's Job

When insurance companies try to contact you, remember that they are not your friends. The adjuster you speak to may seem sympathetic and helpful, but their job is to collect information that will damage your case. They may ask you to give a recorded statement, sign forms, or accept a quick settlement before you fully understand your injuries or rights.

What to Say (and Not Say)

You are not required to give a detailed statement immediately, and you should be cautious about agreeing to anything before speaking with a lawyer. Seemingly innocent statements like "I stepped off the curb quickly" or "maybe I should have waited" can later be used to argue you were partly or mostly at fault, which will affect your compensation under Washington law. A pedestrian accident lawyer can manage any necessary insurance company interactions on your behalf.

Step 6: Understand Washington’s Pure Comparative Negligence Rule

Washington uses a pure comparative negligence system, which means your ability to recover damages is reduced by your percentage of fault. If you were 20% at fault, your recovery is limited to 80% of its overall value, so $80,000 on a $100,000 case. This rule applies even if you were mostly at fault, which sets Washington apart from many other states.

Insurance companies understand this dynamic very well and will try whatever they can to push more blame onto you and reduce what they have to pay. An attorney who understands comparative negligence can protect your rights, challenge unfair fault percentages, and explain how the rule applies to your specific situation.

Step 7: Know Washington’s Statute of Limitations for Personal Injury Claims

Washington's statute of limitations sets deadlines for filing different kinds of lawsuits. For most pedestrian accident cases, you have three years from the date of the crash to file, but shorter timelines apply when government entities are involved. If you were hit by a city or state vehicle, or injured due to a dangerous road condition linked to a public agency, you will generally have just 60 days to start the process via a written notice or "tort claim."

Regardless of which deadline applies to your case, starting early gives you more time to collect evidence and build a stronger case. If you don't file within the applicable period, you will generally lose the right to pursue your case entirely.

Step 8: Contact a Pedestrian Accident Lawyer as Soon as Possible

Handling all of this alone, from medical treatment to insurance calls, comparative negligence, and legal deadlines, is difficult for anyone without legal training. If you want a realistic chance of recovering the compensation you deserve after an accident, you should contact Freeman Law Firm as soon as possible.

Our pedestrian accident attorneys can:

• Investigate how the crash happened and who may be responsible.
• Gather, analyze, and preserve key evidence, including video, data, and witness statements.
• Work with your medical providers to document your injuries and future needs.
• Deal directly with insurance companies so you don’t have to.
• Explain how Washington’s comparative negligence and statute of limitations apply to your case.

If you’ve been hit by a car and you’re wondering what to do next, contact the Freeman Law Firm at (253) 383-4500 today. Visit our online contact page to schedule a free initial consultation about your case.