Even in the peaceful neighborhoods of Idaho Falls, pedestrian accidents can occur.
While some may cause only minor discomfort, others may result in severe harm and even death. Savings accounts can be quickly depleted by medical expenses for urgent care, doctor’s appointments, and physical therapy. Not to mention the immense stress caused by being hit by a car. You might be entitled to compensation if you or a loved one was recently hurt in an accident caused by someone else’s carelessness.
The Advocates law firm recommends scheduling a free consultation with a personal injury attorney.
Drivers and pedestrians must abide by traffic laws when using the road. However, negligent driving is to blame for most pedestrian accidents in Idaho Falls. The most frequent causes of pedestrian accidents are listed below.
In some instances, such as when crossing a marked crosswalk or strolling through a controlled intersection, pedestrians have the legal right of way over vehicles. Accidents involving pedestrians frequently occur when drivers disregard pedestrians and fail to yield. For instance, the driver is accountable for a collision that occurs when a car turns right at a red light but does not stop for a pedestrian in the crosswalk.
Vehicle accidents, including those involving pedestrians, are frequently caused by speeding. A driver’s ability to control a vehicle is severely compromised by excessive speeding, which also increases the likelihood that they won’t be able to stop or react to a situation safely.
Accidents of this nature can result in serious injuries or even death.
The use of drugs or alcohol by the driver is another frequent factor in accidents involving pedestrians in Idaho Falls. When someone drives a car or truck while intoxicated or high, their judgment is clouded, and their reaction time is slowed. As a result, they may not be able to stop, change lanes, stay in their current lane, or make the necessary turns.
One of the main factors contributing to pedestrian accidents is distracted driving. Examples of distracted driving include using GPS devices, talking on the phone, texting, eating, and drinking. These distractions frequently cause one hand to be taken off the wheel and slow reaction times — especially when applying the brakes or avoiding someone in a crosswalk.
The driver is almost always to blame for an accident involving a vehicle and a pedestrian if the driver was in any way preoccupied.
Poor weather, direct sun in a driver’s eyes, broken or malfunctioning headlights, or pedestrians dressed in dark colors in low light are the usual causes of poor visibility. It can be challenging to see pedestrians in low-light conditions.
A driver needs to adjust their behaviors to accommodate for poor visibility.
Any injury brought on by someone else’s negligence qualifies for a personal injury claim, no matter how minor or severe. Although the kind and severity of injuries sustained in a pedestrian accident vary from case to case, some of the more frequent ones are as follows:
Both primary and secondary injuries can result from pedestrian accidents. Injuries caused by a vehicle at the point of impact or that immediately follow the collision are referred to as primary injuries. Other injuries, known as secondary injuries, appear after an accident occurs but are still linked to the crash.
Accident victims are eligible for compensation for the following:
It’s crucial to realize that not all pedestrian accident victims are entitled to compensation from the driver (or owner) of the car.
Because Idaho is a state that recognizes comparative negligence, pedestrians in Idaho Falls may file claims for damages if their percentage of fault for an accident is 49% or less. The amount of compensation will be reduced in proportion to their percentage of responsibility for the accident. If you are deemed 30% at fault, and the total losses equal $100,000, your payment would be reduced by 30%, equaling $70,000.
50% or more at fault means you cannot file a claim for your losses.
Although there are no compensation caps for non-economic damages (like pain and suffering), there are for financial damages (like loss of livelihood or wages). The Idaho Industrial Commission has set this amount at $250,000.
Many victims of pedestrian accidents ask, “can I fight the case on my own to seek compensation?” While this is not an impossible task, it is always advisable to hire legal counsel for the following reasons:
Each victim believes they are entitled to a large settlement for their damages. However, as was already mentioned, only some people hurt in a pedestrian accident qualify for compensation. A precise fault assessment is essential to determine your ability to make a claim. Doing this on your own can be very challenging and time-consuming.
You will be able to quickly determine your eligibility for financial compensation with the aid of a knowledgeable pedestrian accident lawyer or attorney.
It can be challenging to prove a driver is at fault, even if you have the facts and the evidence to back it up. An attorney can guide you through the complicated legal processes of a personal injury claim.
Although retaining an accident attorney doesn’t ensure success, it does raise the likelihood of a favorable decision. Lawyers are experts at avoiding the strategies insurance companies employ to lower your compensation.
Compared to handling the case on your own, hiring an accident attorney can increase a compensation claim by two or three times. A lawyer will attempt to reach an out-of-court settlement by negotiating with the insurance company after you file a claim and they have shown the other driver to be at fault.
Hiring an attorney rather than a lawyer is essential. A lawyer who is not an attorney can file claims but cannot take a case before a judge. An attorney can do both.
With the Advocates, you always work with an attorney.
It can take time to gather the necessary proof and paperwork to show that a driver was at fault. Additionally, the extensive filing and complicated paperwork must be finished by specific deadlines. Once everything is filed, negotiating a compensation claim can still take months.
By removing the possibility of mistakes or delays, a pedestrian accident attorney from The Advocates can assist you in reaching a quicker settlement.
When you retain a pedestrian accident lawyer from The Advocates, they will:
Investigating an accident thoroughly to identify its cause and assign blame is the first step in creating a valid personal injury claim. All pertinent information and proof will be gathered to prove the driver’s negligence.
After completing this step, your attorney will prepare your case file and send an official demand letter to the insurance provider. This letter will outline your losses and ask for payment for your damages.
Most insurance providers don’t immediately accept letters requesting payment from accident victims. They will either attempt to lower the amount by assigning blame and downplaying injuries, or they will reject the claim.
The Advocates’ skilled pedestrian accident attorneys know how to communicate with the insurer so that you don’t have to. You can concentrate on your recovery while we deal directly with the insurance adjusters.
If your case goes to trial, your attorney will handle all aspects of the litigation, including case preparation. Remember that legal representation is necessary in court — you need an attorney to take your case before a judge.
There are a few other things you can do to help support your case and assist your lawyer in obtaining fair compensation.
The first and most crucial action you should take following a pedestrian accident is to get medical attention immediately. In addition to improving your chances of recovering from your injuries, doing guarantees a medical professional will document your injuries. Your lawyer will use your medical records as proof to support your personal injury claim.
Make it a point to document all of your visible injuries with pictures and videos. Your attorney can use these as evidence to help prove the extent of the damage.
It is essential for a victim to report the accident to the police. The officer who responds to your accident will complete a police report that details the specifics of the accident. This document acts as proof of the accident and can be used by your lawyer to support your compensation claim.
Many insurers have deadlines by which accident victims must notify them of an incident. If you miss a deadline, you risk losing your ability to file a personal injury claim. It is advised that The Advocates’ attorneys handle this action.
In the absence of your lawyer, never speak with the driver, an insurance company, or an insurance adjuster about an accident. These discussions might be used against you and could impact the total settlement.
We advise contacting a pedestrian accident lawyer at The Advocates as soon as possible after a collision.
Within three years of the incident, victims of pedestrian accidents may file a personal injury lawsuit for their losses. The earlier you file, however, the better. It is challenging to gather information, locate witnesses, and correctly assign blame when a claim is filed years after an incident.
Call The Advocates if you’ve suffered injuries in a pedestrian accident. We can and want to help.