Accident Report: Pedestrian Struck by Moving Vehicle

  • July 24, 2007, pedestrian struck by vehicle on the corner of 1st Ave and Yesler Way in Seattle
  • Pedestrian sustained a multitude of injuries
On July 24, 2007 at approximately 3:30 p.m. M.T. was struck by a vehicle while crossing the intersection in the pedestrian crosswalk located at 1st Avenue and Yesler Way in Seattle, Washington. Seattle Police Department responded to the scene and upon investigated driver for her negligence.  Upon each impact, M.T.'s body was violently jolted and thrown 15-20 feet. The initial impact from the drivers vehicle was to M.T.’s left thigh/knee area. She was thrown to the ground, landing on the right side of her body. M.T. sustained a multitude of serious injuries to her body.

Washington law provides that the drivers on the road have the duty to exercise ordinary care and avoid causing a collision. See RCW 46.61.445 and Washington Pattern Jury Instruction (WPI) 70.01.

M.T. settled her claim with the insurance carrier for the at-fault motorist for policy limits of $50,000. USAA declined to purchase a Hamilton buy-out to preserve its subrogation rights against the responsible driver. M.T. has underinsured motorist (UIM) coverage with USAA in the amount of $1,000,000. USAA is entitled to a credit equal to the policy limits held by the other driver, or in this case a credit of $50,000 towards M.T.'s claim.


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