Tony Hicks Killed in Othello Pedestrian Accident on US 395
Fatal collision on U.S. 395 adds to Washington pedestrian fatality data.
Tony Hicks, 46, of Everett, died March 12, after a car hit him on U.S. Route 395 near milepost 51, south of Connell, the Washington State Patrol said.
The crash happened at 6:18 a.m. Hicks had been traveling south in a car when he got out and walked into the northbound lanes, investigators said. A northbound car then struck the man.
Paramedics pronounced the victim dead at the scene.
The driver of the northbound car, a 65-year-old man from Milton-Freewater, Oregon, was injured in the crash. Medics took him to Lourdes Medical Center.
The State Patrol listed a pedestrian in the road as the cause of the crash. The incident remains under investigation.
The Washington State Patrol is leading the ongoing investigation into the fatal collision. Troopers confirmed that the 65-year-old driver from Milton-Freewater, Oregon, was wearing a seatbelt at the time of the impact and was transported to Lourdes Medical Center for treatment of unspecified injuries. As of the latest reports, no charges have been filed against the driver. Standard investigative protocols include examining vehicle telematics and road conditions at milepost 51 to determine the exact sequence of events leading to the fatality.
National Legal Analyst Candice Bond, Managing Partner at Bond Legal, noted that "Having the proper resources is extremely important to investigate a pedestrian accident case and prove negligence, Road conditions, signage visibility, and road lighting are all possible contributing factors that are considered and must be thoroughly examined. These procedures are necessary for helping those who have lost a loved one receive the justice and monetary compensation that they deserve."
In Washington, the Revised Code of Washington (RCW) Chapter 4.20 governs wrongful death actions. Under this statute, certain surviving family members may be entitled to pursue a claim for damages when a death is caused by the negligent or wrongful act of another. Eligible claimants typically include the decedent's spouse, state-registered domestic partner, children, or parents, depending on the specific circumstances and whether other beneficiaries exist.
Damages recoverable in a wrongful death claim in Washington can include economic losses such as medical expenses incurred prior to death, funeral and burial costs, and the loss of financial support the deceased would have provided. Non-economic damages, such as loss of companionship, care, affection, and consortium, may also be sought. The specific categories of damages and the individuals who can claim them are outlined within the RCW.
Beyond wrongful death claims, Washington law also provides for "survival actions" under RCW 4.20.046. A survival action allows the estate of the deceased to recover damages that the decedent would have been able to claim had they lived. These damages typically cover the pain and suffering experienced by the deceased between the time of injury and death, as well as any lost wages during that period. The proceeds from a survival action become part of the decedent's estate and are distributed according to their will or Washington's laws of intestacy.
Washington operates under a pure comparative fault system, as outlined in RCW 4.22.005. This legal framework allows an injured party, or their estate in the case of a fatality, to recover damages even if they are found to be partially at fault for an accident. The amount of damages recoverable would be reduced proportionally to the percentage of fault attributed to the deceased. For instance, if a court determines the deceased was 20% at fault, the total awarded damages would be reduced by 20%. This system contrasts with modified comparative fault states, which may bar recovery if a party's fault exceeds a certain threshold.