If you were hit by a vehicle while walking in Provo, you may have a strong personal injury claim. Our attorneys at Flickinger Boulton Robson Weeks are ready to help you recover compensation for medical bills, lost wages, and pain and suffering. Call (801) 500-4000 for a free consultation today.
Imagine strolling along Provo’s picturesque downtown—maybe you’re heading to a local restaurant or catching a show at the nearby theater—when a driver suddenly fails to yield at a crosswalk. In a split second, you’re on the ground, injured, and left with mounting anxieties: Who covers the hospital bills? Will you be compensated for time off work? What if the driver’s insurance denies responsibility?
These questions can quickly spiral in your mind, adding immense stress to an already painful experience. When you’re hurt as a pedestrian, the consequences are often far more severe than an ordinary traffic accident. You have little protection against a moving vehicle, so even a low-speed collision can cause devastating injuries. Navigating insurance claims, doctor’s appointments, and legal actions can feel overwhelming.
Fortunately, you do not have to face this ordeal alone. With professional guidance from a pedestrian accident attorney in Provo at Flickinger Boulton Robson Weeks, you can pursue fair compensation for medical bills, lost wages, and emotional distress. Our team understands the unique challenges of pedestrian accidents and stands ready to help you navigate the legal complexities so you can focus on healing.
Overview of Pedestrian Accidents in Provo
Provo is well-known for its thriving community, proximity to Brigham Young University, and scenic vistas of the Wasatch Range. With such a lively environment, it’s no surprise that Provo’s streets and sidewalks are frequently busy with pedestrians—students walking to class, families enjoying the outdoors, and professionals heading to work. Despite the city’s many crosswalks and pedestrian-friendly areas, accidents still happen.
According to the
Utah Department of Public Safety, pedestrian accidents often spike in urban areas or near colleges and commercial districts.
Factors such as high foot traffic and busy intersections can amplify the risk, even when pedestrians follow traffic signals. And because pedestrians are unprotected, injuries from these collisions can be catastrophic, ranging from broken bones to traumatic brain injuries. In Provo’s growing urban setting, understanding the causes and prevention of these incidents is key to making the city’s streets safer for everyone.
Common Causes of Pedestrian Accidents
Although each pedestrian accident is unique, certain recurring factors often come into play:
- Distracted Driving: In our tech-driven era, drivers frequently divide their attention between the road and cell phones. Sending texts, checking GPS, or scrolling through apps can cause a driver to miss a pedestrian crossing the street, leading to a serious collision.
- Failure to Yield: Many drivers fail to yield properly at crosswalks or intersections, especially if they’re in a rush or misunderstanding right-of-way rules. This issue is common in Provo’s college neighborhoods, where foot traffic is high and street layouts can be confusing.
- Speeding: Driving above the limit drastically reduces a driver’s reaction time. When a driver speeds along a busy Provo street, they might not stop in time if someone steps off a curb unexpectedly. High-speed collisions also tend to result in more severe injuries.
Other contributors include impaired driving, poor weather conditions, and low visibility during nighttime hours. Yet even in challenging conditions, drivers bear a responsibility to remain vigilant and protect those who share the road on foot.
Utah Pedestrian Laws and Their Application in Provo
In
Utah, specific laws are designed to safeguard pedestrians, many of which apply directly to Provo’s bustling streets. Having a grasp of these regulations can be instrumental in establishing liability and ensuring pedestrians know their rights.
Right-of-Way in Crosswalks
Under Utah law, when pedestrians enter a crosswalk with a steady “Walk” signal (or when there’s no traffic signal at all), drivers must yield the right-of-way. In designated crosswalks—whether at intersections or mid-block—vehicles are required to slow or stop to let pedestrians cross safely. If the driver disregards this law and a collision occurs, it could form the basis of a negligence claim.
Obligation of Pedestrians
Pedestrians must also follow rules, such as obeying traffic signals, refraining from jaywalking, and not darting into the path of a moving vehicle unexpectedly. If a pedestrian is partly at fault—perhaps by ignoring a “Don’t Walk” sign—this can affect compensation under Utah’s comparative negligence rules.
Crossing Outside Marked Crosswalks
If a pedestrian chooses to cross in areas without crosswalks, they must yield the right-of-way to vehicles. That said, a driver still has a general duty of care to watch for pedestrians, particularly in residential neighborhoods or near schools in Provo where foot traffic is common.
Comparative Negligence in Utah
Utah follows a modified comparative negligence system. This means if a pedestrian is found partially responsible for an accident, any damages awarded may be reduced by their percentage of fault. If their share of responsibility is 50% or more, they may not recover damages at all.
Local Regulations
Provo, as with most cities, has some municipal codes that emphasize pedestrian safety, including speed limits near campus areas or increased fines in school zones. When these local rules are violated, it strengthens the case against a negligent driver.
Enforcement
To encourage safer streets, local law enforcement often issues citations to drivers who fail to yield or speed in pedestrian-heavy zones. Though not definitive proof of liability, police citations or witness statements about reckless driving can help a personal injury attorney substantiate a claim.
If you’re uncertain about how these laws apply to your specific situation, speaking with an attorney experienced in Utah pedestrian accident lawyer can help you understand your potential avenues for compensation.
Determining Fault in Pedestrian Accident Cases
One of the key challenges in any pedestrian accident claim is determining who was at fault. Liability isn’t always straightforward—sometimes both the driver and the pedestrian share some degree of responsibility. However, several factors help shape a clear picture of fault in these cases:
- Duty of Care: Both drivers and pedestrians owe a general duty of care to each other. Drivers, for instance, must obey traffic signals, yield to pedestrians in crosswalks, and maintain a safe speed. Pedestrians should use designated crossings and pay attention to traffic signals. If either party breaches this duty, it could indicate liability.
- Evidence from the Scene: Photos of the accident site, footage from nearby security or traffic cameras, and eyewitness statements can clarify how the accident happened. For instance, pictures showing skid marks in front of a crosswalk may highlight a driver’s late attempt to stop, suggesting their negligence.
- Police Reports: When a pedestrian collision occurs, local law enforcement often arrives, documents the scene, and may cite the driver for traffic infractions such as speeding or failure to yield. While these citations aren’t conclusive proof of fault, they’re typically strong indicators that can bolster a pedestrian’s claim.
- Comparative Negligence Issues: Utah’s comparative negligence rules mean a pedestrian might still secure compensation even if they share some responsibility for the crash. The court or insurance adjusters would assign a percentage of fault to both parties, and the pedestrian’s award would be reduced accordingly.
- Road or Environmental Factors: Sometimes, external factors influence an accident—like malfunctioning crosswalk signals or poor street lighting. In rare cases, a city or property owner could share liability if they failed to fix hazardous conditions. That said, these additional angles typically require a thorough investigation by an experienced attorney.
Proving fault in a pedestrian accident revolves around collecting and analyzing as much evidence as possible. An attorney can help track down surveillance videos, interview witnesses, and consult accident reconstruction experts to build a compelling narrative of how and why the incident occurred. By clarifying who bears responsibility, injured pedestrians can strengthen their claim and pursue the compensation they need to recover.
Steps to Take After a Pedestrian Accident in Provo
Any collision can be incredibly damaging, but pedestrian accidents more often result in serious injuries. Knowing what to do immediately afterward helps protect both your well-being and your legal rights. Here are some key steps to keep in mind:
- Seek Medical Attention: Your health is the top priority. Call for paramedics if necessary or visit a nearby Provo hospital or clinic. Even if you feel only minor discomfort, some injuries—like internal bleeding or concussions—don’t manifest immediately. Documenting your treatment from the start can also strengthen your personal injury claim.
- Call the Police: Request an official accident report. Police documentation can provide an impartial account of the incident and may include witness statements or citations against the driver.
- Gather Evidence: If you can, use your phone to take pictures or videos of the crash site, vehicle damage, road conditions, and any visible injuries. Also collect the driver’s license and insurance information, as well as contact details for any eyewitnesses.
- Limit Communication: Discuss the accident only with the police, medical providers, and your attorney. Statements made to the driver, bystanders, or insurance adjusters could be misconstrued and used against you later.
- Notify Insurance: If you have personal insurance (like health or auto coverage), let your provider know you were involved in an accident. However, be cautious about giving too much detail to the at-fault driver’s insurer until you consult a lawyer.
- Consult a Pedestrian Accident Attorney: An experienced legal professional from Flickinger Boulton Robson Weeks can guide you on how to handle insurance communications, investigate liability, and negotiate on your behalf. This allows you to focus on your recovery with the confidence that your claim is in capable hands.
Compensation Available for Pedestrian Accident Victims
Pedestrian accidents often result in extensive injuries—ranging from broken bones and spinal cord damage to traumatic brain injuries. The associated costs can skyrocket quickly, encompassing emergency care, ongoing rehabilitation, and time away from work. Under Utah law, injured pedestrians may be entitled to various types of compensation to offset these burdens:
- Medical Expenses: This category includes ambulance rides, hospital stays, surgeries, medication, physical therapy, and any future medical care that might be necessary. In severe cases, long-term treatments like occupational therapy or home healthcare services could be covered.
- Lost Wages and Future Earning Capacity: If your injuries require a prolonged recovery period, you may miss weeks or months of work. You can typically recoup those lost wages through a personal injury claim. When your injuries permanently affect your ability to earn a living—like reduced mobility or chronic pain—a claim can also include compensation for lost future income.
- Pain and Suffering: Beyond direct financial costs, you can seek damages for the physical pain and emotional trauma you’ve endured. Non-economic damages may also cover things like anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident.
- Loss of Enjoyment or Quality of Life: Some accidents lead to life-altering injuries that restrict everyday activities—like sports, hobbies, or even simple tasks like walking around the neighborhood. If your enjoyment of life is diminished, this loss could be part of a claim.
- Property Damage: In some instances, pedestrians may also have property damage—for instance, a smartwatch or phone destroyed in the accident. While not usually the largest component of a claim, these losses can still be recovered.
- Punitive Damages: Utah courts sometimes award punitive damages in extreme cases involving reckless or intentional conduct (e.g., a DUI driver who strikes a pedestrian). This extra financial penalty aims to punish the offender and deter similar misconduct in the future.
An experienced pedestrian accident attorney in Provo will scrutinize your unique circumstances to identify all the ways the collision has impacted your life. By carefully documenting your injuries, expenses, and emotional state, you stand a better chance of obtaining the full compensation you need to move forward.
Dealing with Insurance Companies After a Pedestrian Accident
Interacting with insurance companies after a pedestrian accident can be complicated and stressful. While insurers theoretically exist to cover your losses, their primary goal often revolves around limiting payouts. Here are some critical points to keep in mind as you navigate insurance interactions.
- Notify Your Insurer: Let your own insurer know about the accident as soon as possible, whether it’s through health coverage, an auto policy that includes pedestrian coverage, or another relevant policy. Some insurance plans have strict reporting deadlines.
- Be Careful What You Say: When speaking to an adjuster—especially from the at-fault driver’s insurance—share basic facts only: the date, time, and location of the accident. Avoid discussing who is at fault, the severity of your injuries in detail, or other nuances until you’ve talked to a lawyer.
- Don’t Give Recorded Statements: Insurers might request a recorded statement under the guise of gathering facts. In reality, they often look for ways to dispute or minimize your claim. Politely decline recorded statements until you receive legal counsel.
- Be Aware of Negotiation Tactics: Insurance adjusters may initially offer a low settlement, hoping you’ll accept quickly out of financial desperation or lack of legal guidance. This settlement often falls short of the true costs you’ll face, particularly if you anticipate future medical needs.
- Multiple Insurance Policies May Apply: In certain scenarios, more than one insurance policy might apply (e.g., the driver’s liability insurance, your own auto policy’s personal injury protection, or even homeowner’s insurance if it’s relevant). Coordinating these coverages can be tricky without professional assistance.
- Legal Representation is Important: A seasoned pedestrian accident attorney can manage these negotiations, guarding your interests against underhanded tactics. They’ll gather evidence, calculate the accurate value of your claim, and counter any lowball offers.
By partnering with an attorney who regularly handles pedestrian accident cases in Provo, you’ll have an ally who is well-versed in local laws and prepared to take your case to court if insurers refuse a fair settlement. This balanced approach often compels insurers to act more reasonably, saving you time and hassle during an already difficult period.
How Our Firm Assists Pedestrian Accident Victims in Provo
When a pedestrian accident disrupts your life, finding legal representation that truly understands your situation can bring a sense of relief and hope. At Flickinger Boulton Robson Weeks, we recognize the unique challenges you face as a pedestrian accident survivor, and we tailor our services to meet your specific needs. Here’s how we help:
We Know Provo
With offices in Provo and South Jordan, we’re intimately aware of the local terrain—ranging from the busy intersections near Brigham Young University to the residential areas where families often stroll. This geographic familiarity assists us in spotting factors such as inadequate crosswalk signage or poor street lighting, which might strengthen your claim.
Comprehensive Investigation
Our attorneys meticulously examine every angle. We collect police reports, witness statements, and even consult accident reconstruction experts to establish how the collision unfolded. Surveillance footage from nearby businesses could further reveal driver negligence, such as speeding or distracted driving.
Calculating Fair Compensation
When you suffer serious injuries, you need a settlement or verdict that covers the total scope of your losses—medical expenses, lost wages, future earning capacity, and the pain and suffering you endure.
We work closely with medical and financial experts to evaluate the broader impact of the accident on your life. This diligence helps ensure we seek the full compensation you rightfully deserve.
Negotiation and Litigation Skills
Insurance companies might attempt to downplay your injuries or shift blame. Our team, which includes esteemed attorneys Mark T. Flickinger, Brett R. Boulton, and Kevin K. Robson, has extensive personal injury experience.
We handle all communications with insurers, pushing for a fair settlement. Should negotiations fail, we’re ready to represent you in court—backed by a track record that features multimillion-dollar case results.
Personalized Service
At Flickinger Boulton Robson Weeks, we emphasize client-focused advocacy. From your first consultation onward, we listen to your story, keep you informed of developments, and provide compassionate guidance as you navigate the physical and emotional toll of your accident.
Pursuing a claim can feel daunting, but you don’t have to go through it alone. With a deep commitment to improving pedestrian safety in Provo and a genuine desire to help injured clients reclaim their lives, our legal team is here to support you every step of the way.
Frequently Asked Questions About Pedestrian Accident Claims in Provo
