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Utah Pedestrian Accident Lawyer

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A story from Fox 13 showed that Utah documented a total of 281 deaths in 2020. This number is significantly higher than the reported total from the previous year, 248 pedestrian deaths. In such cases, the defendant or the person who caused the victim’s death is responsible for the catastrophic event.

However, justice doesn’t easily come for anyone. The driver will try to wiggle their way out of taking responsibility for the accident. In such cases, hiring a Utah pedestrian accident attorney is your best defense against irresponsible drivers.

At Parker & McConkie, our experienced pedestrian injury attorney handled countless similar cases in the past. Our team of esteemed Utah pedestrian accident lawyers protected the rights of many clients. Our Utah pedestrian accident law firm helped them achieve the justice they rightfully deserve. If you require an expert personal injury lawyer, call Parker & McConkie now!

Utah Pedestrian Laws: What You Need to Know

utah-pedestrian-laws

Utah enacted several laws to safeguard its citizens from irresponsible drivers. Knowing the established traffic laws in Utah will help you further understand the basics of your case. We compiled the following local statutes and their legal context for your reference:

  1. U.C.A. 41-6a-1006(1). The driver of a vehicle is responsible for avoiding pedestrians and using extreme caution. Suppose the driver observes or should have observed a minor or someone who is disabled. In that case, the driver must exercise extreme caution. When required, the driver must give an audible indication, such as blaring the horn.
  2. U.C.A. 41-6a-305. U.C.A. 41-6a-305(2)(a)(ii) states that the driver at a green light is mandated to yield the right of way to the pedestrian crossing the road. In contrast, U.C.A. 41-6a-305(4)(c) states that a driver at a red light must not cross the road and allow pedestrians to cross the street. 41-6a-305(2)(b) and 41-6a-305(3)(b) also reiterate the right of a pedestrian to yield the right of way at a crossroad.
  3. U.C.A. 41-6a-306(2). As opposed to the provided law above, this statute states when a pedestrian cannot cross a road. The law states that a pedestrian must not cross a street when there’s a blinking ‘Do not cross’ notice or any other obvious indicator.
  4. U.C.A.41-6a-1002. U.C.A. 41-6a-1002(1)(b) states that a pedestrian may still cross an intersection without an official crosswalk. U.C.A. 41-6a-1002(2)(b) says a pedestrian must stop at a school crosswalk if a pedestrian is walking on it. U.C.A. 41-6a-1002(3) requires drivers to put on a halt if they are in front of a crosswalk and other drivers are stopped.
  5. U.C.A. 41-6a-1003. U.C.A. 41-6a-1003(1) provides the context for jaywalking. As opposed to the above laws, a pedestrian cannot cross a crossroad without an intersection. Supposed there is no available intersection; they must not cross a road full of speeding cars. U.C.A. 41-6a-1003(4)(a) states a pedestrian cannot cross a street diagonally.
  6. U.C.A. 41-6a-1004. This statute states that a pedestrian cannot cross a road when an emergency vehicle is present. A driver must give the right of way to the emergency services.
  7. U.C.A. 41-6a-1008. This law states that a driver crossing a sidewalk must yield the right of way to the crossing pedestrian.
  8. U.C.A. 41-6a-1009. This statute prohibits pedestrians from crossing a road without an intersection. If pedestrians cross the road, they must steer away from the shoulder. U.C.A. 41-6a-1009(d) states that panhandlers should not block traffic. Lastly, U.C.A. 41-6a-1009(5) says that an intoxicated pedestrian must only remain on the sidewalk.

Utah Pedestrian Accident Statistics

Combining the data from a Fox 13 news report and ZeroFatalities crash statistics, we were able to collect a year-by-year overview of Utah’s crash accidents instances. You can refer to the data stated below for Utah’s crash statistics:

  • 2020: 281
  • 2019: 248
  • 2018: 264
  • 2017: 273
  • 2016: 281
  • 2015: 278

According to ZeroFatalities, 43 out of 248 total roadside fatalities in 2019 were from pedestrians. By doing the statistics, roughly 17% of the total death can be attributed to crossing pedestrians. Most of the accidents happen during the daytime (56.5%). Furthermore, most of the victims involved in the accident are aged 30 to 35 (19%).

Why Do You Need to Hire a Utah Pedestrian Accident Attorney?

Pedestrian crashes often carry tremendous physical damages. If you or someone you know suffered from catastrophic injuries because of an irresponsible driver, you have the right to demand maximum compensation from them. Hiring one of our Utah pedestrian accident attorneys is the best course of action in such circumstances.

Hiring a personal injury attorney is beneficial for you in more ways you can imagine:

  • Case investigation and analysis. Our Utah pedestrian accident lawyer can help you conduct a thorough examination of your case. We will meticulously look at the facts surrounding your case and help you recover compelling pieces of evidence.
  • Claim building. We can help you bring these pieces of evidence together to make a compelling case. We can help you ensure that you will receive the best amount of compensation for your case.
  • Settlement negotiation. Our pedestrian injury lawyers will help you determine the maximum amount of payment you can receive for your injuries. We will ensure that the other party will not minimize the amount you can receive.
  • Effective case representation. There are certain instances when both parties cannot resolve a personal injury case out of court. In this situation, proceeding with a lawsuit is necessary. If this happens, our pedestrian injury lawyers at Parker & McConkie can represent you on your behalf.

Pedestrian Accidents Can Cause Serious Injuries

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Crosswalk accidents often lead to life-threatening injuries. It’s essential to bring awareness to the types of pedestrian accident injuries anyone can expect from a car collision accident. There are also instances when victims suffer from wrongful death because of distracted driving.

  • Broken bones. Bone fractures are serious injuries commonly seen in car accident victims. These injuries might take a long time to heal, and fracture treatments can be costly.
  • Spinal cord injury. These terrible injuries might result in lasting alterations to an injured victim’s body. Some individuals may lose their senses due to severe spinal cord injury.
  • Brain injuries. The majority of damages caused by car accidents are often the result of the collision’s high impact. Brain injuries can affect the victim’s life. Traumatic brain injuries are frequently severe and necessitate immediate medical attention.
  • Soft tissue injuries. Victims of car accidents may have persistent pain due to soft tissue injuries. Sprains, strains, and contusions are all common soft tissue injuries.

Most Common Causes of Pedestrian Accidents in Utah

Many factors can cause a pedestrian accident in Utah. For both pedestrians and drivers, it’s crucial to understand the most common causative factors of a pedestrian accident. Knowing this will help both parties prevent catastrophic damages.

We listed below the leading contributing factors in pedestrian accidents and other car-related accidents:

  • Improper crossing. The Utah law encourages pedestrians to cross the road properly. These laws require pedestrians to use a crosswalk to walk across the street safely.
  • Darting. Another leading factor for pedestrians is running on oncoming traffic. Utah’s traffic code states that a pedestrian must not cross the road when the road is unsafe to walk on.
  • Not visible. There are certain instances when a driver’s vision is limited. Adding to that, a driver might have difficulty sighting a pedestrian wearing clothing that blends with the environment.

The list above indicates the factors caused by pedestrians. In contrast, we will also briefly describe factors caused by drivers.

  • Failure to yield right of way. There are clauses in Utah’s vehicle code when a driver must yield the right of way to the passenger. Conversely, there are also contexts in the same law that dictates when a pedestrian must yield the right of way to the driver.
  • Hit and run: A hit and run happen when a driver hits a pedestrian and tries to flee from the situation. Often, the at-fault driver does this to avoid liability.
  • Driver distraction: Motor vehicle operators must give their full attention when driving. However, there are cases when their attention drifts away from driving.

Types of Losses That Pedestrian Accident Victims Are Entitled to Recover

compensation-for-utah-pedestrian-accident-victims

Whether a victim sustains minor or major injuries resulting from the accident, they are entitled to compensation. Our knowledgeable Utah pedestrian accident lawyer can assist you in obtaining these compensations from the responsible party.

Defendants may compensate victims of pedestrian accidents for their economic losses. Economic losses include any medical expenses incurred by the victim during their recovery. This harm also covers future medical fees and other required medical bills a sufferer requires for continuing rehabilitation.

A victim may also seek restitution for lost wages. If a victim could not attend work and thus lost their daily salary. In that case, the defendant will provide compensation for the victim’s lost wages.

Other than economic damages, a victim can also recover non-economic damages. Compensation for mental agony and emotional stress is included. A victim would be required to prove a link between their emotional distress and the accident.

Negotiating compensation can be a difficult task. The majority of insurance companies undervalue the victim’s compensation. They do this to avoid spending too much money on the victim. Our Utah pedestrian accident attorney is experienced in haggling with these companies. We will fight until you receive the compensation you deserve.

Recommended Steps to Take After Your Utah Pedestrian Accident

Taking the proper steps following a pedestrian accident is crucial in recovering compensation for your losses. Following a pedestrian accident, your top priority should be to preserve as much evidence as possible while also recovering fully.

Victims hurt in a pedestrian accident must seek medical assistance immediately. Call 911 right away so that the emergency services can treat your wounds as soon as possible. It would be best if you secured your safety first before anything else.

If you are safe from severe injuries, you can start gathering evidence. Many drivers may argue that you are responsible for your damages. Obtaining pictures or video recordings of the accident area is vital following a pedestrian accident.

Take note of the driver’s details. If they work for a company, try to get their employer’s contact information. You must obtain information about the driver’s insurance.

Following a pedestrian collision, it is critical to seek the assistance of a personal injury attorney. A lawyer will assist you with the legal aspects of your case, allowing you to concentrate on your recovery. A lawyer will assist you in constructing a compelling case for your personal injury claim.

Why Choose Parker & McConkie for Your Utah Pedestrian Accident Claims

utah-personal-injury-law-firm

Parker & McConkie lawyers have been in the personal injury service since 1978. Throughout our 40+ years of experience serving Utah residents, we were able to help our clients recover millions in compensation. In fact, in our recent auto-pedestrian case, we were able to help our clients recover $1.8 million in a settlement.

Furthermore, our pedestrian injury lawyers were also given various awards for their excellent service. Recently, Atty. James McConkie from our law firm has received a ‘Lawyer of the Year’ award from the Utah state bar. Moreover, our lawyers have also been a part of The National Trial Lawyers Top 100.

Our personal injury law office is open 24/7. Don’t hesitate to call our law office immediately if you need expert legal representation. We provide a free consultation and a contingency fee basis for all our clients.

Utah Pedestrian Accident F.A.Q.s

Do pedestrians always have the right-of-way?

According to Utah’s Vehicle Code, pedestrians have the right of way but not all the time. There are instances when a pedestrian must give the right of way to the driver. Suppose there are no crosswalks present on the road. In this case, a pedestrian must not cross the road irresponsibly. They must give way to the oncoming cars and only cross when they are within the driver’s line of vision and from a safe distance.

How much is my Utah pedestrian accident case worth?

The law states no specific amount on how much a pedestrian accident case is worth. Every pedestrian accident case is unique. It’s vital to speak with an attorney about this to help you set a realistic expectation for the amount you receive from your sustained damages.

How long do I have to file my pedestrian accident claim in Utah?

Utah Code Ann. §78B-2-307 states that a pedestrian accident in Utah has a statute of limitations of up to four years. This limitation means that a victim can only hold a driver accountable for this limited time. Suppose the regulation lapsed and did not file any lawsuit against the driver, then the court will default the case.

Can I still recover damages even if I’m partially at fault in my pedestrian accident?

According to U.C.A. § 78B-5-818(2), Utah follows a modified comparative law. This means that if the plaintiff is at least 50% at fault for the accident, they cannot recover compensation. Because of this, hiring an experienced Utah pedestrian accident lawyer to represent your case is your utmost priority.

Should I accept a first settlement offer from an insurance company?

It’s not recommended to accept the first settlement offer. There is an excellent chance that they minimize the amount you can receive for your injuries. It would be best to have a lawyer with you when the insurance company makes a settlement offer.

How do I recover compensation from the negligent vehicle driver?

You must first show responsibility to the at-fault motorist to seek financial compensation for your injuries and other losses. You can do this by recovering compelling evidence supporting your claim. In most cases, you and the other party can settle outside court.

However, there are some circumstances when a driver refuses to acknowledge their fault. This is why hiring the best pedestrian accident lawyer is highly necessary. They can help you establish the driver’s fault and recover the maximum amount of compensation for your case.

Call Parker & McConkie to Speak with an Experienced Utah Pedestrian Accident Attorney for a Free Consultation

Parker & McConkie is a successful personal injury law office in Utah. Irresponsible drivers have shattered many lives. If you face this situation, don’t hesitate to give our law firm a call. You can reach us at (801) 845-0440 or complete our online form on our website’s contact page.

Call 801-845-0440 to get in touch with a member of our firm after your accident. We can review your case for free!

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Attorney Steve Jensen

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