On November 26, 2007 at approximately 1:30 p.m., KT was crossing 1st Avenue at Pine Street in Seattle, Washington. KT was in the crosswalk, crossing with the green light for pedestrians, when he was hit byMS, who was driving a 2005 4 door Toyota pick-up truck.
Upon impact, KT was struck on his right hip and thrown to the ground.
The Seattle Police Department arrived on scene and investigated this incident. MS admitted 100% fault for the accident to the investigating police officer. Your insured was cited for failing to yield to a pedestrian in a marked cross-walk.
As a direct result of MS’s negligence, KT sustained a right femoral neck fracture to his hip. 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.KT did nothing to contribute to the cause of the crash and could do nothing to avoid the collision. MS was negligent when he failed to be attentive while driving a vehicle, failed to yield the right-of-way to the crosswalk, and otherwise obey the rules of the road.
KT sustained the following injuries as a result of the accident:
- Right femoral neck fracture (As shown by a Pelvis CT scan)
- KT received hip replacement surgery and physical therapy to manage his injuries.
- KT is a 58 year old man who enjoys spending time with his family and friends. KT took walks twice each day. He also enjoyed catching busses to area parks for his walks.
KT now reports that his walking ability has been affected by the hip replacement procedure. He states that his walking is worse then what it was before the accident. KT has experienced, and continues to experience, a significant loss of enjoyment of life. He was fairly healthy before the collision and since then has not as active as he was before. He must perform daily exercises at home just to manage and maintain his symptoms and avoid spontaneous flare ups. His return to recreational activities has been slow and guarded for fear of re-injury.
KT now seeks damages incurred as a direct result of the injuries he sustained in the accident. In order to ensure that he received sufficient compensation for his medical expenses and loss of enjoyment of life, KT hired Seattle pedestrian accident lawyer Chris Davis.
Mr. Davis is the founder and principal and personal injury attorney at Seattle-based Davis Law Group and has had substantial success negotiating with Safeco Insurance claims representatives for just reimbursement and financial compensation. Mr. Davis was able to find many factors in KT's case that supported a substantial non-economic damages claim.