Pedestrian Accidents

Pedestrian accidents in Southern Utah may be less frequent than other types of traffic incidents, but their consequences are often far more severe. With no physical protection, pedestrians are highly vulnerable when struck by fast-moving vehicles, leading to catastrophic injuries or even death. If you or someone you love has been injured in a pedestrian accident, it’s important to act quickly to protect your rights. Working with an experienced pedestrian accident attorney like the ones at Injury Smart Law can make all the difference in getting the compensation you deserve.

On this page, we’ll explore common pedestrian accident injuries, the legal framework in Utah, and how a skilled attorney can guide you through the complexities of your case.

Common Injuries in Pedestrian Accidents

Pedestrian accidents frequently result in serious, life-altering injuries. Unlike motor vehicle occupants who have the protection of seat belts, airbags, and the vehicle itself, pedestrians have no buffer against the impact of a vehicle. The most common injuries include:

• Head and facial injuries: When a pedestrian is struck, the head is often one of the first points of impact, leading to traumatic brain injuries (TBIs) or facial fractures. TBIs can result in long-term cognitive and physical impairments.
• Broken bones/fractures: Pedestrian accidents often result in broken arms, legs, ribs, and other bones due to the sheer force of impact from the vehicle.
• Spinal cord injuries: A spinal cord injury can result in partial or total paralysis, permanently affecting the victim’s mobility and quality of life.
• Neck and back injuries: Whiplash and other soft tissue injuries to the neck and back are common in pedestrian accidents and can cause chronic pain.
• Amputations: Severe accidents may result in the loss of limbs, either during the accident itself or due to complications requiring surgical amputation.
• Internal injuries: Internal bleeding and organ damage are life-threatening consequences that often require emergency surgery.
• Road rash: The friction between the body and the pavement can cause painful abrasions, known as road rash, which can result in scarring or infection.

The recovery process after a pedestrian accident can take months or even years, and in some cases, victims may never fully recover. With the right legal representation, you can seek compensation to cover medical bills, lost wages, rehabilitation, and ongoing care.

Why Pedestrian Accidents Are So Dangerous

Pedestrian accidents are particularly dangerous because of the inherent vulnerability of the pedestrian. While a driver inside a car is protected by the vehicle’s structure, pedestrians are completely exposed. Even at low speeds, the impact of a vehicle can cause severe injuries.

In Southern Utah, where large trucks, SUVs, and other heavy vehicles are common, the risk of serious injury is even greater. Pedestrian accidents often occur in urban areas or near intersections, where drivers may be distracted or fail to yield the right of way. Unfortunately, these accidents often result in permanent disability or death, especially when drivers are speeding or driving under the influence.

Causes of Pedestrian Accidents

Many pedestrian accidents are caused by the negligence or recklessness of drivers. Some of the most common causes of pedestrian accidents include:

• Distracted driving: Drivers who are texting, talking on the phone, or otherwise distracted are far more likely to strike a pedestrian.
• Speeding: Speeding reduces a driver’s reaction time, making it harder to stop for a pedestrian crossing the road.
• Failure to yield: Drivers are required to yield to pedestrians at crosswalks, but failure to do so is a common cause of accidents.
• Driving under the influence: Alcohol or drug impairment can lead to delayed reactions and poor decision-making, increasing the likelihood of a pedestrian accident.
• Running red lights or stop signs: Drivers who disregard traffic signals can cause serious accidents, particularly at intersections.
• Poor visibility: Accidents are more likely to occur at night or in poor weather conditions, when drivers may have difficulty seeing pedestrians.

If you’ve been injured in a pedestrian accident caused by a negligent driver, a pedestrian accident attorney in Southern Utah can help you hold the at-fault party accountable and pursue compensation for your injuries.

Utah’s No-Fault Insurance System

Utah operates under a no-fault insurance system, meaning that if you are injured in a pedestrian accident, your personal injury protection (PIP) insurance will cover your medical expenses and other costs, regardless of who was at fault. However, there are limits to what no-fault insurance will cover. For example, if your medical bills exceed $3,000 or your injuries result in permanent disability, disfigurement, or death, you may be able to step outside the no-fault system and file a personal injury lawsuit against the at-fault driver.

An experienced pedestrian accident attorney can evaluate your case and determine whether you are eligible to file a claim outside the no-fault system. This can be especially important if your injuries are severe and the costs of your medical care far exceed the limits of your PIP coverage.

Who Is at Fault in a Pedestrian Accident?

In many pedestrian accidents, the driver is at fault for failing to yield, speeding, or driving distracted. However, pedestrians also have a responsibility to obey traffic signals and avoid stepping into the road when it is unsafe to do so. This means that fault is not always clear-cut, and both the driver and the pedestrian may share responsibility for the accident.

Utah follows a modified comparative negligence rule, which means that if you were partly at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you were found to be 30% at fault for jaywalking, your total compensation would be reduced by 30%. As long as you are less than 50% at fault, you can still recover damages.

What if the Driver Was Texting and Driving?

Distracted driving, including texting while driving, is a leading cause of pedestrian accidents. If a driver was texting at the time of the accident, this can be strong evidence of negligence. However, if you were crossing outside of a designated crosswalk or violating other traffic laws, you could still share some of the blame.

In these complex cases, having a skilled pedestrian accident attorney on your side is crucial. Your attorney can gather evidence, such as phone records and witness statements, to prove that the driver was distracted and to minimize any fault that might be attributed to you.

How a Pedestrian Accident Attorney Can Help

After a pedestrian accident, dealing with insurance companies, medical bills, and the legal process can be overwhelming, especially when you’re trying to recover from serious injuries. A knowledgeable pedestrian accident attorney in Southern Utah will handle all aspects of your case, including:

• Investigating the accident and gathering evidence
• Negotiating with insurance companies to secure a fair settlement
• Representing you in court if necessary
• Calculating the full extent of your damages, including medical expenses, lost wages, and pain and suffering

These cases can be complicated, especially when multiple parties are involved, or the insurance company disputes your claim. By working with an experienced attorney, you can focus on your recovery while your lawyer fights for the compensation you deserve.

Get the Help You Need Today

If you or a loved one has been injured in a pedestrian accident, don’t wait to seek legal help. The sooner you contact a pedestrian accident attorney in Southern Utah, the sooner they can begin building your case and protecting your rights. Many law firms offer free consultations, so you can discuss your case without any obligation.

Don’t face this difficult time alone—reach out to Injury Smart Law today to get the support and representation you need.