Updated on: 9/28/2018
A woman was critically injured when she was struck by a van Tuesday night in Kent, according to police.
The incident occurred around 10 p.m. near Orillia Road South and 42nd Avenue South.
Police say they received calls about a woman walking in the road. Shortly after they received calls that the woman had been hit by a van.
The woman was taken to Harborview Medical Center in Seattle in critical condition.
The driver of the van remained at the scene and cooperated with investigators.
Location of the Collision
Liability of Driver in Pedestrian Accidents
In Washington state, a driver facing criminal charges may also be held civilly liable for injuries to pedestrians if the accident is found to have been caused by the driver’s negligence.
Drivers have a legal duty to exercise caution when behind the wheel. That means driving with the care and attention that a reasonable person would under the same circumstances. If the driver fails to do so, they could be considered negligent.
So negligence depends on the facts of the individual case. There may be evidence of negligence if the driver:
- Was driving distracted (cell phone, eating, etc.)
- Was speeding
- Ran a stop light or stop sign
- Was driving too fast for the weather or traffic conditions
- Was driving under the influence of alcohol
Drivers found negligent may be held liable for expenses incurred by the injured pedestrian. Those might include medical bills, lost wages, as well as pain and suffering.
But in Washington state, if the court finds that the pedestrian acted in some way that caused or contributed to the accident, it may limit the pedestrian’s potential settlement. So if the pedestrian was 30 percent responsible for the accident, they can only receive 70 percent of the would-be settlement.
Consult with a Pedestrian Accident Attorney
If you've been injured in a Washington state pedestrian accident, things are bad enough already. Start the process of addressing this legally. Contact attorney Chris Davis and the team at Davis Law Group, P.S., to schedule a free initial case evaluation. Call us at (206) 727-4000, use the chat feature on this page or fill out the confidential form on our contact page. We promise to get right back to you.
The applicable Statute of Limitations in Washington state applies to these cases, so it is important that you contact an attorney promptly to preserve your legal rights.