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Pedestrian Struck by Van in Bremerton

By Hardwick & Pendergast, P.S. on November 10, 2014

An elderly man is in critical condition after being struck by a car in front of a 7-Eleven store. According to a Kitsap Sun news report, the pedestrian accident occurred on Wheaton Way in Bremerton. Officials say the man was crossing the roadway when a large van struck him. He was thrown onto the hood before rolling off onto the roadway. The driver remained at the scene and called 911. The pedestrian has been listed in critical condition.

Under Washington State Statute 46.61.235, vehicles must stop at intersections for pedestrians who are within a marked or unmarked crosswalk. Furthermore, the statute prohibits pedestrians from bolting into traffic or from suddenly leaving a curb when drivers will not have enough time to stop. Pedestrians must obey traffic signals and traffic control devices under RCW 46.61.050 and RCW 46.61.240 specifically requires pedestrians to yield when crossing outside an intersection.

In other words, drivers are responsible for yielding to pedestrians at intersections and pedestrians must yield when trying to cross where there are no crosswalks. However, simply because a pedestrian is crossing outside a crosswalk does not excuse drivers from exercising due care. Therefore, whenever an accident occurs outside an intersection, it must be determined why the driver was unable to avoid the crash and if his or her negligence contributed to the crash.

Injured victims of pedestrian accidents can seek compensation for damages including medical expenses, lost wages, hospitalization, rehabilitation, pain and suffering and emotional distress. The experienced Seattle car accident attorneys are Hardwick & Pendergast can help victims and their families better understand their legal rights and options.

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