WA state personal injury tort law, what can I do to defend an action brought against me, assumption of risk on part of plaintiff

Seattle, WA Viewed 369 times. Posted about 1 year ago in Personal Injury

personal injury defence: I am being sued for hitting a pedestrian on a multi-use trail (horse, bike, hikers). I was approaching from behind and called out "on your left" and the 3 people started walking to the right. As I got closer one jumped across the trail -scared I'm sure as I was going fast- I hit her and she ended up in the hospital. EMT's and my own judgement was that she was mainly just banged up but they did precuationary backboard her. Sometimes accidents just happen, but I was not doing anything wrong. I may have PIP insurance but like anyone -I don't like to be sued.
Should I comply with there request to

Answers (1)

Joshua M King

This attorney is licensed in Washington and 1 other state. Posted about 1 year ago.

Thanks for using Avvo. I am Josh King, General Counsel for Avvo. Because we are receiving so many questions right now, it may take longer for some of our loyal Avvo lawyers to get back to you. In the meantime, I wanted to offer some preliminary help. Please keep in mind that I am not a WA lawyer, and to get a definitive answer on this you should consult a top Avvo-rated lawyer in your area.

The facts will be important here, and the first thing you should do is check your own insurance - homeowners, renters or even potentially auto insurance may offer a means of defense here. And hey - I ride my bike to work every day, and pedestrians can be plenty stupid, but when you're riding by them on a multi-use path, going fast enought that they get spooked, you are likely to share at least some of the liability when you run into one of them.