When you set foot outside, you probably do not expect to be involved in an accident. This is particularly true if you are heading out on foot, but an accident can happen at just about any time. It is important 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.
We are Parker & McConkie, and we have a significant amount of experience representing clients in personal injury cases of all backgrounds. Learn more about how we can help you below, and give us a call to schedule a case consultation with our firm.
Following a serious pedestrian accident, you deserve to focus all of your attention on your medical recovery. On the other hand, the legal issues are still very important, and that is why you need to have an objective, experienced professional in your corner who can make sure that you get the results you deserve.
At Parker & McConkie, we will treat your case with the care and compassion it deserves, and we will guide you through the complex claims process. We can make sure that you receive all the compensation to which you are entitled, helping you put your mind at ease as you focus on getting better.
In Idaho, there are a lot of strong legal protections 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 they are crossing busy roads, pedestrians should know that they have control of the road when they are in a crosswalk until they reach the other side.
There are a variety of reasons why pedestrians might be involved in an accident, and very few of them have to do with the pedestrian himself or herself.
Some of the most common causes of pedestrian accidents in Idaho include:
It is important for vehicles to yield the right of way to pedestrians when they are crossing the street. Unfortunately, there are some situations where motor vehicles may not yield the right of way to pedestrians, and it 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 it is important for vehicles to obey the speed limit at all times. When drivers make the decision to speed, they reduce the amount of 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 very common 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, there are still some people who make the decision to drink and drive. When someone operates a motor vehicle while under the influence of drugs or alcohol, they may make decisions that they ordinarily would not make. If a driver is found to be 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. It is important for the city 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 continues to remain a common cause of motor vehicle accidents, and with the ubiquity of electronic devices, it is only going to get worse. It is important for drivers 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 have been involved in a pedestrian accident in Idaho, there are several steps you need to take. They include:
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:
You will need to 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 who are crossing the street, but they certainly have a duty of care to pedestrians who are 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 will need to show that the driver somehow breached his or her duty of care to you. For example, the police report may indicate that the collision between the driver and the pedestrian took place in the crosswalk. If the vehicle was in the crosswalk at the same time the pedestrian was crossing the street, it could make it obvious 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 it is important to make sure you get a copy of your medical records from your doctor. It will be important to make sure the cause of your injuries is clearly established.
Finally, you will have to prove that you were damaged in some way. For example, if you bring copies of your medical bills, you can prove that you’ve suffered damages as a result of 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 need to file your claim. In Idaho, you have two years from the time of your accident to file a personal injury claim. That is why it is important to reach out to an experienced personal injury lawyer as quickly as possible.
At Parker & McConkie, there are a variety of ways we can help you with your pedestrian accident case. Some of the ways that we can help you prepare your case include:
We can help you prepare your case accordingly. While you may feel like the facts of the case are on your side, you need to make sure that the law is on your side as well. 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 make sure 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 may be able to help you save a significant amount of time and stress. We can discuss settlement negotiations with the defendant and the insurance company to make sure you receive all the compensation to which you are entitled. 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 we 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.
We are Parker & McConkie, and 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 need to 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 with you and let you know if you are entitled to compensation. Then, we can help you receive all the compensation you deserve. Give us a call today to schedule an appointment with our office, and let our pedestrian accident lawyers make sure 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!