Whether it happens in a neighborhood or on a busy street, pedestrian accidents can result in serious injuries. If you or a loved one have been injured, you need an experienced pedestrian accident attorney in Utah. At Harris, Preston, & Chambers, we’ll help you navigate the complex process to ensure you receive the compensation you deserve.
Utah is growing, and with more people comes more traffic. Anywhere that cars and pedestrians meet, there’s a possibility for accidents. Even the best drivers sometimes make mistakes. Unfortunately, pedestrian accidents can be particularly dangerous. According to the CDC, about one pedestrian fatality occurs every 75 minutes. Most of these pedestrian fatalities occur at night and in urban areas where cars are going faster. Around half of all pedestrian deaths involve alcohol.
If you’ve been injured in a pedestrian accident in Utah, you shouldn’t have to pay for someone else’s neglect. A pedestrian accident attorney in Utah will fight for you to receive fair compensation for your losses.
How a Pedestrian Accident Lawyer Can Help You
If you’ve never worked with a personal injury attorney, you may be wondering how they can help you. You may even be tempted to speak with the insurance adjuster yourself. After all, the insurance company is supposed to pay for the costs of an accident. Unfortunately, insurance companies don’t always take responsibility like they’re supposed to.
When the insurance offers too little, a pedestrian accident attorney will work to hold the insurance company accountable. A pedestrian accident attorney in Utah will help you through the entirety of your case, from assembling all of your medical bills, to negotiating with insurance. And should the case go to trial, a pedestrian accident lawyer will represent you in court.
The following are some of the ways a pedestrian accident attorney in Utah can help you:
- Compile all of your medical records
- Investigate the accident
- Prepare your case to build the best claim possible
- Negotiate with the insurance company
- Represent you in front of a judge and jury if necessary
Average Pedestrian Accident Settlement in Utah
If you’re wondering how much compensation you’ll receive for your pedestrian accident claim, the answer will vary. Every case is different, from the severity of the injuries to your percentage of fault. A pedestrian accident attorney in Utah will have an idea of how much compensation to pursue.
The average pedestrian accident settlement is $36,253.73. However, the amount you may receive will depend on a number of factors. For example, traumatic brain injuries (TBIs) caused by a pedestrian accident will require more medical treatment. This means that you may receive more for a TBI than for soft tissue injuries.
Additionally, the amount of coverage the driver carries will affect your settlement.
According to Utah law, drivers must be insured with a minimum of $25,000 per person for bodily injury, $65,000 total for bodily injury, and $15,000 for property damage.
Most Common Pedestrian Accident Injuries in Utah
Pedestrians are especially vulnerable when being struck by a car. While the driver may sustain some injuries, they are generally protected by the structure of their vehicle. On the other hand, pedestrians have no protection. Injuries can vary from bumps and bruises to severe trauma and even death.
Some of the most common pedestrian accident injuries in Utah include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones
- Internal injuries and organ damage
- Pelvic injuries
- Skin lacerations
- Hemorrhages and hematomas
- Road rash
- Back injuries
- Crush injuries
In addition to physical trauma, pedestrian accident victims may also suffer emotional trauma following the accident. Those with anxiety, depression, and post-traumatic stress disorder (PTSD) after a pedestrian accident may need treatment from a mental health professional.
The Process of Filing a Pedestrian Accident Claim
Although every pedestrian accident claim is unique, our process for filing a claim generally follows these steps:
- Investigate: After talking with you, we take the time to investigate the accident. We review the police report, assemble medical records, examine photos and videos from the scene, and interview witnesses.
- Build: In order to give your claim the best chance possible, we take the time to assemble as much evidence as possible.
- Negotiate: After all medical treatment is finished, we send a demand package to the at-fault driver’s insurance. This will include all medical bills as well as all the evidence we’ve gathered. We’ll do our best to negotiate a settlement that is fair.
- Litigate: Although most pedestrian accident claims are settled during the negotiation process, some cases do go to court when the settlement offer is too low. Litigation can drag on for years, and you may have to appear before a judge and jury. However, sometimes litigation is the only way to be fairly compensated.
Important Pedestrian Laws in Utah to Know
In Utah, there are a number of pedestrian laws meant to protect pedestrians. Here are some important pedestrian laws to know that might affect your pedestrian accident claim:
- Right-of-way: Drivers must yield their right-of-way to pedestrians who are legally within a crosswalk.
- Sidewalks: Pedestrians must walk on sidewalks when they are available. When no sidewalk is available, a pedestrian should walk on the farthest side of the road.
- Crosswalks: Pedestrians must use a crosswalk, pedestrian tunnel, or overhead crosswalk to cross a road unless none are available within 700 feet.
Common Causes of Pedestrian Accidents in Utah
Pedestrian accidents may be caused by a number of factors, including the fault of the driver or the pedestrian. Here are some of the most common causes of pedestrian accidents in Utah:
- Drunk driving
- Speeding or reckless driving
- Distracted driving
- Failing to yield to pedestrian in crosswalk
- Driver ignoring traffic signs and lights
- Pedestrian error
- Poor road conditions
What to Do After a Pedestrian Accident in Utah
If you’ve been injured while crossing the road, you’ll want to follow these steps:
- Get to safety. Make sure you and anyone else involved in the accident move to the side of the road.
- Call the police. Officers will come to the scene and file a report on the accident.
- Get medical attention. Even if you appear uninjured, you may want to see a doctor. Some injuries, such as internal bleeding or traumatic brain injuries, aren’t apparent right away.
- Exchange information. Get the names, phone numbers, email addresses, and insurance information of anyone involved in the accident.
- Document everything. Take pictures of the scene, including crosswalks, traffic signals, and vehicle damage. Keep track of medical records as well as the police report. Take pictures of your injuries as they heal.
- Talk to a Utah pedestrian lawyer as soon as possible. A pedestrian accident lawyer will assist you in investigating the accident as well as help you compile all the records. They will give you the best chance at being fairly compensated.
Kinds of Losses You’re Entitled to in Utah After a Pedestrian Accident
In Utah, you may be entitled to the following losses after a pedestrian accident:
- Economic damages, including medical bills, property damage, lost income, and funeral costs.
- Non-economic damages, such as pain and suffering, emotional distress, loss of lifestyle and opportunity, and disfigurement.
- Punitive damages may be paid in cases of especially egregious behavior by the driver.
The Right Pedestrian Accident Attorney in Utah
Finding the right pedestrian accident attorney for you can make all the difference. An experienced Utah pedestrian lawyer understands the ins and outs of Utah law and will help you build a strong case. In fact, hiring a Utah pedestrian lawyer can increase the value of your settlement by up to five times.
If you or a loved one has been injured in a pedestrian accident, call Harris, Preston, & Chambers today. We’ll handle the intricacies of building your case so you can focus on healing from your injuries.