Washington follows a pure comparative negligence law, meaning a plaintiff can still recover damages if he or she was partially responsible for causing those damages. Even if a pedestrian jaywalked or ran into the road, the driver still has a higher duty of care to prevent injuries to pedestrians, and the fault for the accident would fall mostly on the driver.
Plaintiffs who succeed with their pedestrian accident lawsuits can secure compensation for lost income, medical expenses, property damage, and pain and suffering resulting from their injuries. The more severe the injuries, the greater the potential recovery. Additionally, some plaintiffs may receive punitive damages if a defendant’s negligence was especially egregious, involved any criminal activity, or resulted from an intentional tort.