UTAH PEDESTRIAL ACCIDENT CLAIMS
Pedestrians and drivers share the road daily. If you were injured in a pedestrian accident, you have the right to pursue compensation for your injuries. You need an attorney that can help you achieve the best results for your claim. If you have been in pedestrian accident, call Gosdis Law today.
The attorneys at Gosdis Law are passionate about what we do. Our firm exclusively focuses on personal injury. Service is the center of our practice, and if you cannot come to us, we will come to you. We are in the heart of the valley on State Street in Murray, Utah and available 24 hours a day, seven days a week. Feel free to reach out to our office any time or schedule a free consultation online.
Continue reading to learn about what to consider after being involved in a pedestrian accident.
WHAT IS A PEDESTRIAN ACCIDENT?
A pedestrian accident is any kind of accident between someone who is traveling on foot and a motor vehicle, motorcycle, or bicycle.
It is important that you hire an attorney with experience in representing people who have been involved in pedestrian accidents to help you understand the specific laws regarding pedestrian accidents.
WHAT ARE COMMON CAUSES OF PEDESTRIAN ACCIDENTS?
Every pedestrian accident is unique, and so is the cause of the accident. However, there are certain activities that may make a pedestrian accident more likely to happen. Common causes of pedestrian accidents include:
- Distracted driving of motorists
- Fatigued driving of motorists
- Speeding of motorists
- Reduced reaction time of pedestrians and motorists
- Disobeying traffic signals
- Poor lighting
- Impaired driving by motorists
Each of these actions or inactions can cause a tragic accident. If you have been hurt in pedestrian accident in Salt Lake, call the attorneys at Gosdis Law. Gosdis Law has recovered millions and millions of dollars in compensation for our clients. We are passionate about justice for accident victims. Personal injury is what we do. Call us or visit us online to schedule a free consultation today.
WHERE DO PEDESTRIAN ACCIDENTS MOST COMMONLY OCCUR?
Pedestrian accidents can happen anywhere that pedestrians travel. Pedestrians should always be vigilant while traveling. What follows are two of the most common areas where pedestrian accidents occur.
Where Motorists and Pedestrians Share Space
Pedestrian accidents occur anywhere that a driver and pedestrian share the road or are in close proximity near a roadway, including roadways, crosswalks, sidewalks, and driveways. Pedestrians and motorists should always be aware of their surroundings the entire time that they are on the road. Pedestrians and motorists alike should be focused on safety while they are on roads with crosswalks.
Large Cities & Urban Areas
Large metropolitan cities have a larger number of pedestrians; therefore, they have a larger number of pedestrian accidents. Cities with congested populations have a higher tendency for pedestrian accidents. Per the National Highway and Traffic Safety Administration, in 2018, pedestrian accidents that occurred in large cities were fatal 81 percent of the time.
Are Pedestrian Accidents Common Personal Injury Claims?
Yes, pedestrian accidents are more common than you may think. Pedestrians are vulnerable to being hurt by a motorist while traveling. It is important to keep your safety your priority if you are a pedestrian. If you have been hurt in a pedestrian accident in Utah, call the attorneys at Gosdis Law to get started on your claim.
What follows is a selection of statistics on pedestrian accidents across the country:
- In 2017, 137,000 pedestrians were treated for traffic injuries at emergency rooms across the United States, according to the Centers for Disease Control and Prevention.
- Per the National Highway Traffic Safety Administration, a pedestrian is killed every 85 minutes in a traffic accident throughout the United States.
- The National Highway Traffic Safety Administration reported in 2019 that 6,205 pedestrians died in traffic accidents.
- The National Highway Traffic Safety Administration reported that in 2018, 81 percent of pedestrian traffic accidents were fatal.
- Pedestrian accidents are most common among people aged 65 and older and for people who are under the age of 15.
- People older than 65 years account for 20 percent of all pedestrian accident deaths and 10 percent of injuries sustained in pedestrian accidents.
- Twenty percent of children killed in traffic accidents are pedestrians.
CAN MOTORISTS PREVENT PEDESTRIAN ACCIDENTS?
Pedestrian accidents are often preventable. There are small changes that may help reduce the number of accidents that involve pedestrians. Some of those changes include:
- Motorists should always be prepared to stop at crosswalks.
- Motorists should never drive impaired. Impairment includes the use of drugs or alcohol, distracted driving (like texting and driving or talking on a cell phone while driving), and fatigued driving).
- Motorists should always be prepared to yield to pedestrians.
- Motorists should always watch out for pedestrians at night.
- Motorists should operate with heightened awareness in neighborhoods, school zones and busy metropolitan areas.
CAN PEDESTRIANS HELP REDUCE THE NUMBER OF PEDESTRIAN ACCIDENTS?
Pedestrians can take proactive steps to help reduce the likelihood of injury or death due to traffic accidents. Some of the steps pedestrians can take to avoid traffic accidents include:
- When traveling at night, pedestrians should try to wear brightly colored or reflective clothing. These kinds of clothing pieces will make it easier for a motorist to see a pedestrian in the dark.
- Pedestrians should walk against traffic. If a pedestrian walks against the flow of traffic, they can see the vehicles traveling in their direction and avoid collision with them.
- Pedestrians should always be on the lookout for motorists. Never assume that there is no one else on the road. Motor vehicles travel at an accelerated rate of speed. The speed the vehicle is traveling may cause the pedestrian to be unable to react in enough time to avoid an accident.
If you have been hurt in a pedestrian accident in Salt Lake City, you have rights. If you have been injured, call the lawyers at Gosdis Law. We have years of experience helping the people of Utah get the compensation they need to recover after an accident fully. We are in the heart of State Street in Salt Lake City, and we have served clients across Utah for years. Call us today or visit us online to schedule a free consultation with one of our personal injury lawyers.
WHAT DOES A TYPICAL SETTLEMENT LOOK LIKE?
Each case is unique, so it is impossible to predict what a settlement amount will be. In fact, it is impossible for anyone to predict if a settlement amount will be offered or awarded at all. However, there are some factors that insurance companies, lawyers, and juries consider when they are determining the value of a case. To value a personal injury case, a lawyer may consider the following facts.
Whether the Accident Resulted in Severe Injury
The best-case scenario for a client is that they fully recover from their injury and can move forward with their lives. However, in some cases, accident victims suffer catastrophic injury. Their injuries require long-term care, and their medical bills may get quite expensive. In cases where the accident victim is severely injured, there will be a larger settlement or jury verdict intended to cover their medical bills and lost wages.
The Defendant’s Insurance Policy Limits
One of the first things to calculate when determining case value is the defendant’s insurance policy limits. Every insurance policy holder’s policy has an upper limit of what the company will pay out on an accident claim. The most money that an accident victim will receive is typically based on the policy limits that the defendant carries. For example, if the defendant’s policy limits are $50,000 for bodily injury per person per accident, there is likely only $50,000 available for the victim to recover. In some circumstances, accident attorneys may pursue the defendant’s property or garnish wages to receive payment on a large settlement.
HOW CAN I PROVE MY PEDESTRIAN?
You may have heard that to win a case, you must prove your case. A case is won by what each side can prove. A pedestrian accident case is a negligence claim. A negligence claim has four elements: duty; breach; cause; and damages. Under Utah law, if a plaintiff cannot prove each of these four elements, their claim will be denied.
To prove a case, you need evidence. After an accident, you should begin collecting evidence as soon as possible.
In a traffic accident case, proving duty is easy. Every driver owes a duty to others on the road to drive safely, even if the person is a pedestrian.
A breach occurs when someone who owes a duty to another fails to perform that duty. In this context, if a driver fails to act in a reasonable and safe way, they have breached their duty. A plaintiff must prove that the driver breached their duty. The breach may be proven by presented evidence like the accident report, traffic videos, witness testimony, and pictures.
The plaintiff must prove that, but for the action or inaction of the defendant, their injuries would not have occurred. The cause may be proven by showing the fact-finder evidence that will allow a logical conclusion to be drawn that there was no other factor that could have caused the plaintiff’s injury.
Damages are proven through physical evidence and testimony. Objective and measurable damages may be proven with pictures, videos, medical records, medical bills, and a report of lost wages. Subjective evidence may be proven with testimony. For example, a plaintiff can prove that they have suffered emotional trauma because of their injuries by testifying about their harm.
Proving the elements of negligence can be difficult without an attorney. If you have been hurt in a pedestrian accident, call the attorneys at Gosdis Law for assistance. At Gosdis Law, personal injury is all that we do. We look forward to meeting with you and working for you. Call us today, or visit us online, to schedule a free consultation.
WHAT KINDS OF DAMAGES DO PEDESTRIAN ACCIDENT VICTIMS SUFFER?
As discussed above, every personal injury case is unique, and the facts of each case will be different. Thus, the damage available in each case will be different from other cases. However, what follows are some major areas where recovery is available.
Economic damages are objective and measurable damages. Economic damages typically have a dollar value that can be easily attached to them. A plaintiff is usually fully compensated for economic damages by being paid for them. Examples of economic damages include, among others:
- Loss of earning capacity
- Property damages
- Medical bills
- Lost income
- Cost of long-term medical care (like home healthcare or physical therapy)
- Funeral expenses
- Loss of enjoyment of life
Non-economic damages are subjective and not typically measurable. If a plaintiff alleges that they have non-economic damages, they must testify about their damages to a jury. Examples of non-economic damages include:
- Pain and suffering
- Emotional trauma and distress
- Loss of companionship of a spouse or loved one
Punitive damages are awarded by a judge or jury in addition to the above types of damages. Punitive damages are intended to serve as a deterrent from another person or entity from acting in the same or a similar manner in the future. An award of punitive damages is very rare and will only be awarded in cases where the defendant acted in an extremely outrageous way.
Being awarded all the money that you are entitled to after an accident is difficult. You need an experienced accident attorney on your side to help you recover the money that you deserve after an accident. Call the attorneys at Gosdis Law to schedule a free initial consultation.
HOW DO I COLLECT MY PEDETRIAN ACCIDENT JUDGMENT?
Getting a settlement award is only half the battle. After an accident award is decided, a plaintiff still must collect on their award. Sometimes, even after losing a personal injury case, a defendant refuses or cannot pay a settlement award. In such circumstances, a plaintiff has a few options. One thing a plaintiff can do is garnish the defendant’s wages. A garnishment action is a separate legal action. A plaintiff must file a new action against the defendant seeking to collect the money owed to them based on the judgment rendered in their favor.
WHAT TYPES OF INJURIES DO PEDESTRIANS SUFFER IN PEDESTRIAN ACCIDENTS?
As discussed throughout, every pedestrian accident case is unique, and there is no real way to know what injury or injuries a person will suffer after being involved in an accident. However, there are some general categories of injuries that people suffer because of an accident. What follows are typical categories of accidents.
Soft Tissue Injuries
A soft tissue injury affects the soft tissues of the body. Usually, these kinds of injuries do not require intensive and long-term medical treatment. However, the pain that these injuries cause a person is significant and deserves to be compensated. Examples of soft tissue injuries include:
Hard injuries are more severe than soft injuries. Hard injuries may be permanent and can require long-term medical care, which can get quite expensive. Examples of hard injuries include:
- Broken bones
Despite the extent of your injuries, you need an attorney to assist you in seeking compensation for your injuries. If you have been hurt in a pedestrian accident, call the number one personal injury law firm in Utah- Gosdis Law. Under the leadership of Shane Gosdis, our firm boasts of the recovery of millions and millions of dollars in settlement money for our clients. Give us a call or visit us online today to schedule a free consultation and start the process of getting your life back.
WHAT IS COMPARATIVE NEGLIGENCE?
The law of comparative negligence is available in some states across the country, including Utah. Comparative negligence can help offset a defendant’s liability in personal injury cases. Under the law of comparative negligence, if the fact finder determines that the plaintiff was also at fault for their injuries, their award will be reduced based on the percentage of fault the plaintiff carries. For example, if a jury awards a plaintiff $100,000 in a pedestrian accident case but also finds that the plaintiff was 10 percent at fault for their own injuries, the plaintiff’s award will be reduced by 10 percent. In that example, the most money that a plaintiff could recover is $90,000.
An example of a plaintiff being partially at fault for their own injuries is if the defendant ran a red light at night, but the plaintiff did not look both ways before crossing the street, then the plaintiff may be comparatively at fault for their injuries even if the defendant running the red light was the cause in fact of the plaintiff’s injuries.
WHAT IF I CANNOT AFFORD A LAWYER FOR MY PEDESTRIAN ACCIDENT?
Many people may think that suing a defendant in an accident case costs lots of money, and as a result, they choose not to pursue their accident claim. A pedestrian accident is a personal injury claim. Most personal injury attorneys across the country work on a contingency fee basis.
A contingency fee is a payment agreement between an attorney and client that allows for legal fees to be paid after a settlement is reached. The terms of a contingency fee agreement must be decided before the attorney begins doing any work on behalf of the client. A client should always understand the terms of any payment structure before agreeing to it.
The attorneys at Gosdis Law work on a contingency fee basis. We do not get paid unless you do. You can trust our experience. Putting millions and millions of dollars in the pockets of accident victims has earned us the right to call our firm the number one personal injury firm in Utah. Personal injury is all we do at Gosdis Law, so you know that you can trust us. Call or visit us online today to schedule a free consultation.
HOW CAN AN ATTORNEY HELP RESOLVE MY PEDESTRIAN ACCIDENT CLAIM?
Injury attorneys help clients every day to get their lives back after an accident. It is an injury attorney’s job to protect the rights of accident victims against large insurance companies and defense lawyers. Be aware that insurance companies work hard to ensure that the company does not lose money on an accident claim.
Accident victims often make the mistake of thinking that the insurance company is on their side, and insurance companies know that. Insurance companies count on accident victims to let their guards down and accept a lowball offer to settle their claim. Insurance companies use various tactics to protect the bottom line. In addition to offering lowball settlements, an insurance company may prey on an accident victim’s inexperience with accident claims. For example, insurance companies may call unrepresented accident victims and ask for a statement about the accident to try to get the accident victim locked into an answer before they have a chance to speak to an attorney.
Having an injury attorney represent you cuts through all that nonsense. With an injury attorney, an accident victim is less vulnerable to the tactics of an insurance company. Injury attorneys will act as your representative with the insurance company and defense lawyers. Experienced accident attorneys can also properly advise you on what a good settlement offer is and whether you should accept the offer, counteroffer, or if you should take the case all the way to trial. You can trust that you will receive the best outcome available from an insurance company.
WE WILL FIGHT TO RECOVER THE MAXIMUM AMOUNT OF MONEY FOR YOUR UTAH ACCIDENT
CONTACT GOSDIS LAW TODAY
Pedestrian accidents are difficult to navigate on your own. If you have been injured in a pedestrian accident, call the attorneys at Gosdis Law. At Gosdis Law, we have years of experience recovering millions and millions of dollars for our clients. We are in the heart of Salt Lake valley, on State Street in Murray, Utah. We are available to our clients 24 hours a day, seven days a week. Call us today or visit us online to schedule a free consultation.