Pedestrian Accident Attorneys
Although pedestrian injuries accidents make up only a small percentage of the total number of traffic accidents in Southern Utah each year, they have a disproportionately high rate of catastrophic injury and death. Pedestrians have no protection when they are struck by large, heavy, fast-moving vehicles, and the consequences of these accidents are often devastating.
If you were injured or if someone you love was tragically killed in a pedestrian-vehicle accident, we at Injury Smart Law want to help.
Common Pedestrian Accident Injuries
Regardless of the speed at which the collision occurs or whether the driver tries to break or swerve, pedestrian accidents frequently result in severe bodily injury. Traffic accidents don’t only happen between two motorized vehicles and often involve a pedestrian.
A person on foot is simply no match for a multi-ton motor vehicle, meaning these collisions often result in permanent, life-altering consequences.
Some of the most common pedestrian accident injuries include:
- Head and facial injuries
- Traumatic brain injuries (TBI)
- Broken bones/fractures
- Spinal cord injuries
- Partial or total paralysis
- Neck and back injuries
- Accidental amputation
- Friction burns (“road rash”)
- Dislocation (shoulders, knees, etc.)
- Internal bleeding
- Soft tissue and organ damage
In many cases, pedestrians require immediate medical attention, including hospitalization. Depending on the severity of the victim’s injuries, the recovery process may take weeks, months, or even years. In some cases, victims may never fully recover from their injuries.
Most pedestrian accidents result from the carelessness, recklessness, and negligence of drivers. Pedestrians who are involved in a traffic accident don’t have the same protections afforded to the driver of the vehicle. There are many causes of pedestrian accidents, so contact Injury Smart Law to schedule a free consultation.
Although pedestrian accidents are generally covered by Utah’s no-fault system, meaning you do not necessarily need to prove that the driver was at fault for the accident to file a claim and receive compensation for your damages, establishing fault is critical if you wish to go outside the no-fault system. Many pedestrian accidents result in medical expenses exceeding $3,000 and/or severe injuries that lead to permanent disability, disfigurement, dismemberment, or impairment. When this is the case, the injured party may file a third-party personal injury claim against the at-fault driver’s insurance company or bring a lawsuit directly against the liable party.
Is the Driver Always at Fault for a Pedestrian Accident?
Utah law states that drivers should always yield to pedestrians whenever it is safe and reasonably possible to do so. However, pedestrians also have certain responsibilities when it comes to sharing the road with motorists, bicyclists, and others.
Specifically, pedestrians must obey all traffic control devices, such as red lights or “do not walk” signals, and they should avoid crossing anywhere other than marked or unmarked crosswalks. Pedestrians are also prohibited from suddenly stepping out from a place of safety, such as a sidewalk, and into oncoming traffic when vehicles cannot reasonably yield.
Motorists and Pedestrians: Rights & Responsibilities
Because both motorists and pedestrians have certain rights and responsibilities, it is possible for both parties to share some of the fault for an accident.
When this is the case, Utah’s modified comparative negligence rule comes into play. Under this rule, an injured party can still seek compensation for damages if they were partly to blame as long as they were less than 50% at fault. Additionally, the injured party’s total recovery will be reduced by their percentage of fault.
What about being Hit by Someone who was Texting & Driving?
For example, say a pedestrian was hit by someone who was texting and driving, but the pedestrian was crossing a busy street between two adjacent intersections with crosswalks and working traffic signals (also known as “jaywalking”). In this instance, the court might find the pedestrian 30% to blame. As a result, their damage award would be reduced by 30%, and they would only be able to receive up to 70% of the total amount.
How An Injury Smart Law Attorney Can Help
If you or someone you love was involved in a traffic accident where a pedestrian was injured, it is important that you work with an experienced personal injury lawyer. These tend to be complicated, high-value cases, and insurance companies often try to dispute or deny pedestrian accident claims.
Get started with a Free Consultation today. Call Injury Smart Law 1-435-688-1919
