You may not expect to be involved in an accident when you set foot outside. It is particularly true if you are heading out on foot, but an accident can happen anytime. It is essential to understand what to do next, and after seeking medical care, you need to reach out to an Idaho pedestrian accident attorney who can help you.
At Parker & McConkie, we have significant experience representing clients in personal injury cases of all backgrounds. Learn more about how we can help you below, and call us to schedule a case consultation with our firm.
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Following a serious pedestrian accident, you deserve to focus all of your attention on your medical recovery. On the other hand, legal issues are still significant, so you need an objective, experienced professional in your corner who can ensure you get the results you deserve.
At Parker & McConkie, we will treat your case with the care and compassion it deserves and guide you through the complex claims process. We can ensure that you receive all the compensation you are entitled to, helping you put your mind at ease as you focus on getting better.
In Idaho, many strong legal protections are in place for pedestrians. Pedestrians almost always have the right of way, and pedestrians certainly have the right of way in a crosswalk. Even though pedestrians need to use extreme care when crossing busy roads, they should know that they have control of the road when they are in a crosswalk until they reach the other side.
There are various reasons why pedestrians might be involved in an accident, and very few have to do with the pedestrian himself.
Some of the most common causes of pedestrian accidents in Idaho include the following:
Vehicles must yield the right of way to pedestrians when crossing the street. Unfortunately, there are some situations where motor vehicles may not yield the right of way to pedestrians, which can result in a serious accident. If motor vehicles do not yield the right of way to pedestrians when they cross the street, it could result in catastrophic injuries.
Speed limit signs are in place for a reason, and vehicles must always obey the speed limit. When drivers decide to speed, they reduce the time they have to react to changing road conditions. Therefore, they may not notice that a pedestrian is crossing the street, and they may not hit the brakes in time. For this reason, speeding is another prevalent cause of pedestrian accidents in Idaho.
While it is great that the rates of driving under the influence have dropped significantly during the past few decades, some people still decide to drink and drive. When someone operates a motor vehicle under the influence of drugs or alcohol, they may make decisions they ordinarily would not make. If a driver is under the influence of drugs or alcohol when they strike a pedestrian, it could lead to enhanced penalties.
Poor street lighting could also make it difficult for drivers to spot pedestrians when they are crossing the street. The city needs to make sure the lights are working to make it easier for drivers to spot pedestrians, and it is also beneficial for pedestrians to wear clothing that will contrast well against headlights. When it is dark outside, drivers need to reduce their speed to make sure they spot pedestrians crossing the street.
Distracted driving remains a common cause of motor vehicle accidents, and with the ubiquity of electronic devices, it will only get worse. Drivers need to keep their hands on the wheel and their eyes on the road, and if they are distracted by their cell phones, it could increase the chances of them being involved in a motor vehicle accident.
If you get involved in a pedestrian accident in Idaho, there are several steps you need to take. They include the following:
There will be a lot of emotions going through your head if you are involved in a pedestrian accident, but you need to make sure you do not skip any of the steps above.
There are a variety of factors that will play a role in determining fault or liability when a pedestrian accident happens in Idaho. Some of the most important factors include the following:
You must prove that the driver had a duty of care to the pedestrian crossing the street. Drivers almost always have a duty of care to all pedestrians crossing the street, but they certainly have a duty of care to pedestrians in the crosswalk. If you can prove that the driver was operating in the motor vehicle at the time and that you were in the crosswalk, you should be able to establish that the driver had a duty of care.
Next, you must show that the driver somehow breached his duty of care to you. For example, the police report may indicate that the collision occurred between the driver and the pedestrian in the crosswalk. If the vehicle was in the crosswalk while the pedestrian was crossing the street, it could make it evident that there was a breach of that duty of care.
In addition, you will have to show that the breach of duty somehow led to your injuries. While this might sound obvious, it might be possible for the defense to claim that the injuries you suffered were pre-existing and not caused by the car. That is why getting a copy of your medical records from your doctor is vital. It will be essential to ensure your injuries’ cause is established.
Finally, you will have to prove that you were damaged somehow. For example, if you bring copies of your medical bills, you can prove that you’ve suffered damages from the accident. Then, your Idaho personal injury lawyer can help you maximize the size of your personal injury settlement.
If you are involved in a pedestrian accident in Idaho, there is a statute of limitations within which you must file your claim. You have two years from your accident in Idaho to file a personal injury claim. That is why contacting an experienced personal injury lawyer as quickly as possible is essential.
At Parker & McConkie, we can help you with your pedestrian accident case in various ways. Some of the ways that we can help you prepare your case include the following:
We can help you prepare your case accordingly. While you may feel like the facts of the case are on your side, you must also ensure that the law is on your side. Our attorneys can help you address all aspects of the case, filing motions to ensure we have the necessary evidence. Then, we can review that evidence with you to ensure we position it to maximize the results of your case.
Then, we can help you with settlement negotiations as well. A trial can be stressful for everyone involved, and if we can settle your case appropriately outside of court, we can help you save significant time and stress. We can discuss settlement negotiations with the defendant and the insurance company to ensure you receive all the compensation you are entitled to. We can also help you evaluate each settlement offer as it comes in, letting you know if you should accept it.
While there are a lot of situations where we can resolve your case without going to trial, there might be some situations where a trial might be necessary to help you recover the compensation you deserve. We will be with you every step of the way and can help you prepare for your trial accordingly. That way, you are as comfortable as possible when it takes place, and we can maximize your chances of a successful outcome.
At Parker & McConkie, it would be our pleasure to provide you with the legal advice necessary to put your case in the best position possible to be successful. If you are involved in a pedestrian accident, you must seek medical care as quickly as possible. Then, once you are sure you have a plan in place for your medical recovery, give us a call to schedule a free consultation.
We would be honored to review your case and inform you if you are entitled to compensation. Then, we can help you receive all the compensation you deserve. Call us today to schedule an appointment with our office, and let our pedestrian accident lawyers ensure your rights are protected.
Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!