It should go without saying that pedestrian accidents are some of the most devastating accidents on our public roadways. Unlike other road users, pedestrians have the least form of physical protection. As a result, the risk of serious injury or death is always high.
According to the NHTSA, more than 70, 000 pedestrians are injured in auto-related accidents while an estimated 4,000 end up losing their lives each year. A pedestrian accident can leave you dealing with catastrophic injuries, hefty medical bills, financial losses, and other long-term consequences. Fortunately, if you or a loved one has been hit by a negligent driver, you may be eligible for compensation.
While Idaho personal injury law grants you the legal right to receive financial compensation, it’s not always guaranteed. This is why it is crucial to hire a Boise pedestrian accident lawyer at Boise Personal Injury Lawyers Group as soon as possible. We have experience handling all kinds of auto accidents and we can help you prove negligence on the part of the driver and help you recover full compensation. Get in touch with us today at (208) 793-6272 to talk to our team of expert attorneys.
What Are Some of the Main Causes of Pedestrian Accidents?
While all road users, pedestrians included, have an obligation to obey traffic rules and exercise caution when using the road, drivers are almost always at fault for pedestrian injuries and deaths. Here are some of the most common causes of pedestrian accidents:
Failure to Yield Right of Way
There are particular locations and situations where a pedestrian has the right of way. For example, when crossing at a marked crosswalk or controlled intersection. Failure to yield right of way happens when a driver proceeds without giving precedence to a pedestrian as expected. This can lead to the driver hitting the pedestrian.
Speeding is a leading cause of all types of traffic accidents in Idaho. This is mainly attributed to the fact that speeding not only makes it harder to control the vehicle but it also significantly reduces the driver’s reaction time. Speeding has the potential of causing very serious injuries as the force of impact increases exponentially with speed.
Driving Under the Influence
By now, you are aware of the dangers of drunk driving. Drugs and alcohol are known to compromise many aspects of safe driving including judgment, driving skills, and response time.
To avoid any kind of accident, including a pedestrian accident, the driver has to be able to clearly see what is ahead of them. However, when visibility is limited, the driver can fail to see a pedestrian and end up hitting them. Visibility issues can be caused by faulty headlights, poor weather conditions, pedestrians wearing dark clothes, etc.
Distracted driving is the leading cause of traffic crashes in the country. When a driver is mentally or visually distracted or doesn’t have both of their hands on the wheel, they increase their risk of accidentally hitting a pedestrian.
What Should I Do After a Pedestrian Accident?
Understanding what you need to do after a pedestrian accident will help to protect your legal rights and ensure your wellbeing:
- Seek Medical Assistance Immediately. Your health should definitely be given top priority. Besides helping to speed up your recovery, seeking immediate medical attention will help ensure that your injuries are documented by a licensed medical professional.
- Document Your Injuries. To help prove the severity of your injuries, take photos/videos of all visible injuries.
- Contact the Police. It is crucial that you report your pedestrian accident to the police. An official police report will help to prove your claim.
- Keep Quiet. Don’t discuss fault at the scene or with the motorist’s insurance company without the presence of an attorney.
- Notify the Insurance Company. Most insurance companies require that you notify them of your accident within a certain timeframe, otherwise they will deny your claim.
- Seek Professional Legal Assistance. You need to get an attorney involved as soon as you can after the accident. Personal injury cases are nuanced and even the slightest mistakes can ruin your chances of securing the compensation that you deserve.
How Do You Determine Liability or Fault in a Pedestrian Accident in Idaho?
Just because you were injured in a traffic accident, you don’t automatically become eligible for compensation. For you to hold the other party liable, your legal team must prove the following elements of negligence:
- Duty of Care: All motorists have a legal duty to exercise safe driving and ensure the safety of other road users.
- Breach of Duty: Breach of duty happens when a driver violates their duty of care. For example, driving while drunk, overspeeding, running a red light, or breaking any other traffic rules.
- Causation: Your legal team should be able to prove that your injuries were caused by the negligent actions of the driver.
- Damages: Lastly, you should be able to prove that you suffered actual legally compensable damages as a result of the accident. This is why it is important to keep medical records and document your injuries.
Idaho is a comparative negligence state meaning that you can recover damages as long as you are 49% or less at fault for the accident. Your compensation amount will be reduced by your percentage of fault.
How Can a Pedestrian Accident Lawyer Assist With My Claim?
After being involved in a pedestrian accident, it is in your best interest to hire our Boise pedestrian accident attorneys. Your attorney will be instrumental in putting your case together and ensuring the most favorable outcome. Here’s how an attorney can help your case:
Our process begins with reviewing your case and determining the best course of action. We will conduct a thorough investigation into your case, establish the exact cause of the accident, and collect all the necessary evidence to prove that the driver was negligent. In addition, we will help you handle all the necessary paperwork to set the claims process in motion.
After the insurance company has received your demand letter, it is very rare for them to fully accept the details of your claim. They will either try to devalue it or outright deny it. Our attorneys have plenty of experience dealing with insurance companies and they are fully aware of the tactics that adjusters utilize to minimize the amount the insurance company has to pay as compensation. We will fight hard for you to ensure that you aren’t taken advantage of.
Trial Preparation & Representation
If necessary, we will have to take your case to trial. We are prepared to fight for your rights to the very end. Our attorneys have vast courtroom experience and have the skills to present arguments in the most effective manner.
How Long Do I Have to File a Pedestrian Injury Claim in Idaho?
If you are looking to file a personal injury lawsuit against a negligent driver in Idaho, you only have two years from the date of the accident to do so.
How Much Will a Pedestrian Accident Lawyer Cost?
We understand that this might be one of your biggest worries right now. However, regardless of your current financial situation, you can still retain the services of the best legal team in Boise, Idaho. At Boise Personal Injury Lawyers Group, we offer our services on a contingency basis meaning that you only pay after we have secured a favorable settlement amount or verdict.
An Experienced Boise Pedestrian Accident Lawyer Can Help!
The aftermath of a pedestrian-car accident can leave you truly devastated. While no one ever wants or anticipates finding themselves in such a situation, pedestrian accidents are quite common in Idaho. There is always a lingering risk of finding yourself in the path of a negligent driver. The consequences of such an event can be severe and long-lasting.
At Boise Personal Injury Lawyers Group, it is our firm belief that victims of pedestrian accidents victims deserve justice and all the financial support they can get. We have years of experience handling personal injury cases and we are committed to providing you with the best legal representation. Contact our capable team today at (208) 793-6272 to protect your rights.