Yes, you can, and in many cases, you are the only one who can.
When the person you love most—a child full of life or a parent you’ve looked up to for years—is struck by a negligent driver, your world is thrown into chaos. In the terrifying moments and difficult days that follow, legal action might be the last thing on your mind. Yet, understanding your right to act on their behalf is a critical step toward securing the resources they will need to heal and protecting their future.
Whether you’re a parent sitting in a hospital waiting room, the adult child trying to coordinate care for an aging mother or father, or a family member feeling overwhelmed by the weight of what has happened, filing a pedestrian accident claim on behalf of an injured child or elderly parent can help you secure justice and compensation and support their healing. A Bellevue pedestrian accident lawyer can guide you through this process with compassion and legal expertise.
Let’s take a closer look at how the law in Washington State allows you to file a claim for a vulnerable loved one, the essential steps to take, and why doing so is not about retribution, but about providing care and stability for your family.
The Unthinkable Moment: When a Loved One is Hurt
The sound of screeching tires, a frantic phone call, the sight of flashing lights—these are the moments that forever divide your life into "before" and "after." A pedestrian accident is a uniquely violent and frightening event. Unlike those protected by the steel frame of a car, a person on foot is completely exposed. For children and the elderly, this vulnerability is magnified.
Children, by their very nature, can be impulsive and have a less developed sense of danger. They might dart into a street after a ball or misjudge the speed of an approaching car. Drivers have a heightened duty of care in areas where children are likely to be present, like school zones, parks, and residential neighborhoods in Seattle and Tacoma. They are expected to be alert, slow down, and anticipate the unpredictable.
Similarly, our elderly parents and relatives often face their own challenges. They may move more slowly, have difficulty seeing or hearing, or struggle with balance. A simple walk to the corner store or a stroll through their neighborhood becomes a risk when drivers are not paying attention. A driver who is texting, speeding through a yellow light, or failing to yield at a crosswalk can cause catastrophic harm in an instant.
Here in the Puget Sound, we also know that changing weather conditions demand a change in driving habits. A driver who fails to slow down on rain-slicked roads or doesn’t account for lower visibility on a dark, drizzly evening is not a victim of the weather; they are a negligent driver who has failed in their responsibility to protect those they share the road with. When their carelessness harms your child or parent, the law provides a path to hold them accountable.
Your Legal Right to Act: Filing a Claim for Someone Else
While your focus is rightly on your loved one’s physical and emotional recovery, a legal framework exists to ensure their financial recovery is also addressed. Because children and, in some cases, incapacitated adults cannot legally manage their own affairs, the law empowers a trusted person to act for them.
Filing a Claim on Behalf of a Minor Child
Under Washington State law, a person under the age of 18 is considered a minor and does not have the legal capacity to file a lawsuit or negotiate a settlement on their own. Instead, a parent or legal guardian must step in to act in the child’s best interest.
When you file a claim for your injured child, you are not filing it for yourself; you are acting as their representative. You will be the one to communicate with legal counsel, make decisions about the case, and approve any settlement, all with the goal of securing what is best for your child.
The legal system has special protections in place for minors. If a settlement is reached, it often requires court approval. This isn't just a bureaucratic hurdle; it's a safeguard to ensure the settlement is fair and that the money is protected for the child’s future. The funds are typically placed into a blocked bank account, a trust, or a structured settlement annuity. This ensures the money is preserved for the child’s future needs—like college tuition, medical care, or a down payment on a home—and is available to them when they reach the age of 18.
Filing a Claim on Behalf of an Elderly Parent
The situation with an elderly parent is more nuanced and depends entirely on their mental capacity.
If Your Parent is Mentally Competent
If your parent is of sound mind, even if they are physically injured, the right to file a claim remains with them. They must be the one to decide to pursue legal action and hire an attorney. In this scenario, your role is one of support. You can help them find qualified legal help, organize their medical bills, drive them to appointments, and provide the emotional encouragement they need. You can be their advocate and their rock, but the ultimate decisions are theirs to make.
If Your Parent is Incapacitated
A serious pedestrian accident can, unfortunately, leave an elderly parent incapacitated. A traumatic brain injury (TBI), for example, could render them unable to make complex legal and financial decisions. In other cases, the accident may have severely worsened a pre-existing condition like dementia. If your parent is unable to understand the situation and act for themselves, you may need to step in through one of two legal avenues:
- Power of Attorney (POA)
If your parent had the foresight to create a durable power of attorney before the accident, this document may grant you the authority to handle their financial and legal affairs. A POA is a powerful tool that allows a designated "agent" (you) to make decisions for the "principal" (your parent). An attorney can review the document to confirm it grants you the specific authority needed to file a personal injury claim on their behalf.
- Guardianship
If there is no power of attorney in place, you may need to petition the court to be appointed as your parent’s legal guardian. A guardianship is a court-ordered arrangement where a judge determines that an individual (the "alleged incapacitated person") is unable to manage their own affairs. The court then appoints a guardian to make decisions for them. This is a more formal and involved process than a POA, but it is a necessary one to protect your parent’s rights when they cannot do so themselves.
Whether you are acting under a POA or a guardianship, your duty is to always act in your parent’s best interest. The goal is to secure the compensation they need to pay for their medical care, make up for their pain and suffering, and ensure they have the highest possible quality of life.
Essential Steps to Take After a Loved One Is Injured in a Pedestrian Accident
After an accident, it’s hard to know what to do first. Focusing on a few key steps can help bring a sense of order and protect your loved one’s rights.
1. Seek Immediate and Thorough Medical Attention
This is always the first and most important priority. Ensure your child or parent is seen by medical professionals right away, even if injuries don't seem severe at first. Some serious conditions, like internal bleeding or a traumatic brain injury, may not have immediate symptoms. Following all medical advice, attending follow-up appointments, and participating in physical therapy are crucial for their physical recovery and for creating a complete medical record of their injuries, which is essential for their claim.
2. Document Everything You Can
Evidence is the foundation of a strong personal injury claim. If you are able, document the scene of the accident. Take photos of the location, the crosswalk (or lack thereof), the vehicle that hit them, any skid marks, and the surrounding area. If your loved one’s injuries are visible, take pictures of them over time to show the healing process.
Get the names and contact information of any witnesses who saw what happened. Their objective account can be incredibly powerful. Also, be sure to obtain a copy of the official police report.
Finally, start a journal. Document your loved one’s day-to-day experience. What is their pain level? What activities can they no longer do? How has their mood or personality changed? Also, document your own experience. Note the time you’ve had to take off work to care for them, the miles you’ve driven to doctor’s appointments, and the emotional toll this has taken on your entire family. These details matter.
3. Understand the Full Extent of Your Family's Losses
A successful claim does more than just pay the initial emergency room bill. It should account for every single way this accident has impacted your family. These "damages" are often divided into two categories:
Economic Damages: These are the tangible, calculable financial losses.
- All past and future medical expenses (surgeries, hospital stays, physical therapy, medication, in-home nursing care).
- Lost wages if your elderly parent was still working.
- Your own lost wages if you must take time off work to be a caregiver.
- Costs for assistive devices like wheelchairs or walkers.
- The cost of modifying a home to accommodate a new disability (e.g., building a wheelchair ramp).
Non-Economic Damages: These are the profound, intangible losses that deserve to be recognized.
- The victim’s physical pain and suffering.
- Emotional distress, anxiety, and trauma (such as a new fear of crossing the street).
- Loss of enjoyment of life (the inability to play, run, garden, or engage in hobbies they once loved).
- Disfigurement and scarring.
- The impact of a permanent disability on their life.
Calculating these damages, especially projecting future costs and valuing the immense emotional harm, is incredibly complex. It is one of the most vital roles of an experienced personal injury attorney.
4. Be Cautious When Dealing with Insurance Companies
Shortly after the accident, you will likely receive a call from the at-fault driver’s insurance adjuster. It is critical to remember that this person is not on your side. Their job is to protect their company’s profits by minimizing the amount of money they pay out. They may sound friendly and concerned, but their goal is to get you to say something that could hurt the claim or to accept a quick, lowball settlement before you understand the true, long-term cost of the injuries.
You are not obligated to give them a recorded statement. It is often best to politely decline and state that you will be seeking legal advice. Never sign any documents or accept any payment from an insurance company without first consulting with an attorney who is dedicated to your family's best interests.
The Importance of Legal Representation
Reading this, you may feel even more overwhelmed by the responsibilities ahead. It is a heavy burden to carry, but it is not one you have to carry by yourself. This is a time to focus your energy on your family’s emotional and physical well-being, not on fighting with insurance companies and navigating a complex legal system.
At The Ye Law Firm Injury Lawyers, our founding attorney, Chong Hae Ye, understands the fear and frustration you are feeling on a deeply personal level. He was inspired to become a Bellevue personal injury lawyer after his own parents were injured in a car accident and received inadequate and impersonal legal representation. He saw firsthand how a family’s pain can be compounded by a legal process that feels cold and confusing. He founded his firm on a vow that his clients would be treated with the empathy, respect, and dedicated care his own family was denied. This personal mission shapes everything we do.
At Ye Law Firm Injury Lawyers, we serve families in Seattle, Tacoma, Bellevue, Federal Way, Lakewood, and throughout the surrounding areas. If your child or parent has been injured in a pedestrian accident, please reach out. We offer a free, no-obligation consultation to listen to your story and explain your options. We handle all personal injury cases on a contingency fee basis, which means you will not pay any attorney’s fees unless and until we successfully recover compensation for your family.
Contact us today at (253) 946-0577 or through our online form to learn how we can help. Let us carry the legal burden, so you can focus on what matters most: caring for the people you love.