Orem Pedestrian Accident Lawyer

Pedestrians hit by vehicles often suffer serious or permanent injuries. For a thorough evaluation of your case, call Flickinger Boulton Robson Weeks at (801) 500-4000, we’ll fight for the compensation you deserve.

Walking through Orem should be safe, but accidents can happen in an instant. A distracted driver might fail to stop at a crosswalk, hitting you before you even have a chance to react.

The injuries from a pedestrian accident can be serious and life-changing. You may face hospital bills, lost wages, and uncertainty about your recovery. Many pedestrians struggle with pain, emotional distress, and the fear of walking near traffic again.

Sadly, this happens far too often. Thousands of pedestrians are injured in crashes across the country every year. Because pedestrians have no protection, these accidents often lead to severe injuries, especially when drivers speed, ignore traffic signals, or fail to yield.

The good news is that you have legal options. At Flickinger Boulton Robson Weeks, our Orem pedestrian accident lawyers focus on helping injury victims recover the compensation they deserve.

In this article, we will explain why pedestrian accidents happen, your rights under Utah law, and how an experienced legal team can help you seek fair compensation.

Overview of Pedestrian Accidents From an Orem Pedestrian Accident Lawyer

Orem is a vibrant city in Utah County, home to busy roads, thriving businesses, and popular shopping areas. With many people on foot traveling to schools, stores, and workplaces, pedestrian traffic is a normal part of city life. 

Sadly, this also increases the risk of accidents involving cars or trucks. Whether you are crossing a street at an intersection, walking along a sidewalk, or simply heading to a nearby restaurant, a negligent driver can strike at any moment.

Local police reports indicate that pedestrian accidents in Orem can range from minor collisions to serious, life-altering incidents. While some people walk away with bruises or sprains, others face long hospital stays and permanent disabilities. Factors like speeding, failure to yield, and poor visibility at night contribute to these dangerous situations.

Pedestrian safety initiatives in Orem do exist, including well-maintained crosswalks and signage. However, these measures cannot prevent every incident. Drivers who are distracted by their phones or rushing to beat traffic lights may overlook someone in the crosswalk. Because pedestrians have minimal protection, even a low-speed crash can be devastating. Understanding the root causes of these accidents and your legal rights can be key to recovering physically, emotionally, and financially.

Common Causes of Pedestrian Accidents

Pedestrian accidents in Orem can be caused by a wide variety of factors, including:

Distracted Driving

One of the biggest threats to pedestrian safety is distracted driving. Drivers might look at text messages, scroll through social media, or fiddle with in-car systems. Even a brief moment of inattention can cause a driver to miss a pedestrian stepping into the crosswalk. 

When a driver’s eyes are on a phone instead of the road, they lose the ability to react quickly if someone appears in front of the vehicle. Distracted driving remains a primary cause of traffic incidents, particularly in busy city areas where foot traffic is common.

Failure to Yield

Failure to yield often happens at intersections or crosswalks. Pedestrians usually have the right of way when crossing at designated points, especially if they have a walk signal or are otherwise following the rules. 

If a driver races through a crosswalk or refuses to stop at a stop sign, it places pedestrians in immediate danger. Some drivers misjudge the distance or speed of someone walking, while others simply do not pay attention. In many of these collisions, the pedestrian has no time to jump out of the way, leading to serious injuries.

Speeding

Speeding is another major factor. In a normal collision between cars, speeding can cause damage, but seat belts and vehicle frames offer some protection. Pedestrians have no buffer, so the force of a speeding vehicle can be catastrophic. 

According to general traffic safety data, the faster a car travels, the more likely it is to cause critical harm in a crash with a pedestrian. Even if a driver notices a pedestrian at the last second, high speed reduces their stopping distance, making it more difficult to avoid an impact.

Left-Turn Crashes

Though not always as discussed, left-turn crashes also pose a risk. A driver turning left might focus on oncoming cars, forgetting to look for pedestrians. 

If the pedestrian is crossing in a lawful manner, they can still get hit by a driver who is checking for traffic but not scanning the crosswalk. This type of oversight leads to frequent accidents in urban settings.

Poor Visibility

Nighttime or low-light conditions further raise accident risks. Pedestrians wearing dark clothes may be harder for drivers to see, especially if the streetlights are dim or not working. Rain, snow, or fog can compound this problem. 

Drivers must adjust for poor visibility, slowing down and scanning the sides of the road. Failing to do so can lead to collisions.

Alcohol or Drug Impairment

Some pedestrian accidents involve a driver who is under the influence of alcohol or drugs. Impaired driving slows reflexes and skews judgment, so the person might not brake or swerve in time. This can make a minor mistake deadly. 

Equally, a pedestrian under the influence might step off the curb at the wrong moment, though the driver still has a duty to operate safely.

Utah Pedestrian Laws and Rights 

Utah law grants pedestrians specific rights and responsibilities designed to keep them safe. Understanding these laws can help protect you if you are walking in Orem or any other city in Utah.

Right of Way in Crosswalks

When a pedestrian is in a marked or unmarked crosswalk, drivers must yield the right of way. This generally means that if you start crossing the street before a vehicle arrives, that vehicle must wait until you clear the lane. However, pedestrians should not step off the curb suddenly if a car is too close to stop safely, as it might create a dangerous situation.

Walk Signals and Intersection Rules

Many intersections in Orem use traffic signals for pedestrians, such as “WALK” or a walking symbol. Pedestrians are required to follow these signals just like cars follow their traffic lights. 

If a pedestrian signal says “DON’T WALK,” it is illegal (and unsafe) to start crossing. However, if you have already started crossing while the signal was “WALK,” you generally have the right to continue until you are safe on the other side.

Jaywalking Regulations

Jaywalking is when you cross a street outside of a crosswalk or crossing zone. While not always strictly enforced, it can lead to tickets or fines in some cases. 

More importantly, stepping into traffic outside a designated crossing area can complicate an accident claim if you get hit by a car. Drivers still have a duty to avoid accidents, but an insurance company might argue that your decision to cross away from a crosswalk played a role in the crash.

Distracted Walking

Although not as regulated by law, distracted walking can still endanger your safety. Glancing at your phone or wearing headphones might cause you to miss a turning vehicle or a traffic signal change. 

While the law primarily focuses on driver responsibility, you might still share fault if you step into traffic while distracted. This can reduce the compensation you receive under Utah’s comparative negligence rules.

Comparative Negligence

Utah follows a modified comparative negligence system. This means that if you are found partly at fault for an accident, your compensation could be reduced by your percentage of blame. 

For example, if you crossed against a signal while a driver was also speeding, a court might assign partial liability to you. As long as you are less than 50 percent at fault, you can still recover damages, but your compensation will be reduced proportionally.

Being aware of Utah’s pedestrian laws can make you safer and strengthen your position if you need to file a claim. Following these rules and remaining cautious can help prevent accidents and support any legal claim you may have if a negligent driver hits you.

Steps to Take After a Pedestrian Accident According to an Orem Pedestrian Accident Lawyer

If you find yourself in the unfortunate event of a pedestrian accident, knowing what to do immediately can protect both your health and your potential claim. Below are helpful guidelines:

• Seek Medical Help: Your first step is to check for injuries and call 911 if necessary. Even if you feel okay, adrenaline can mask serious conditions like internal injuries or head trauma. Let a healthcare professional evaluate you to ensure you get timely treatment.
• Call the Police: Contacting the police is crucial. Officers can secure the scene, take statements from witnesses, and create an official report. This document often serves as an essential piece of evidence when filing insurance claims or pursuing legal action. Be sure to ask how you can obtain a copy of the report later.
• Gather Information: If possible, take photos of the vehicle involved, your injuries, and the surroundings. Get the driver’s name, insurance information, and license plate number. Also, gather names and phone numbers of any witnesses. These details will help support your version of events if there is a dispute about what happened.
• Avoid Admitting Fault: Emotions run high after an accident, but avoid saying anything that could be interpreted as taking blame. You may not have all the facts about why the crash occurred, and statements made in haste can harm your case later.
• Consult a Lawyer: It is wise to talk to a Orem pedestrian accident lawyer soon after the incident. They can guide you on communicating with insurance companies, collecting evidence, and pursuing a fair settlement or judgment. Acting promptly also helps preserve witness memories and physical evidence before they fade.

Determining Liability in Pedestrian Accident Cases

Finding out who is liable in a pedestrian accident is essential for seeking compensation. This process can be complex because different factors might contribute to the crash. Here are some aspects lawyers look at when trying to establish fault:

Driver’s Duty of Care

Drivers must operate their vehicles with reasonable care to avoid harming others. This includes following traffic signals, obeying speed limits, and watching for pedestrians, especially near crosswalks or in busy downtown areas. If a driver is texting, speeding, or failing to yield, they are likely violating this duty, making them liable for resulting injuries.

Pedestrian’s Role

Pedestrians also have responsibilities, such as crossing at marked crosswalks and following “WALK” signals. If someone walks against a traffic signal or darts into the street unexpectedly, that pedestrian could share some blame. 

In Utah, if a pedestrian is deemed 50 percent or more at fault, they might not be able to recover damages. But if they are found less than 50 percent responsible, they can still receive compensation, reduced by their percentage of fault.

Other Possible Parties

Sometimes, another party might contribute to the accident. For example, a construction company leaving debris or equipment near a sidewalk can force pedestrians to walk into the street, raising accident risks. 

If a city or state agency neglects road or sidewalk maintenance, they could bear some liability. Identifying every potentially responsible party can improve your chances of a full and fair settlement.

Evidence and Police Reports

Investigating the scene is crucial. A lawyer may examine skid marks or surveillance camera footage to see if the driver braked in time. 

Police reports provide an official perspective of what happened, but attorneys often dig deeper by talking to witnesses or hiring accident reconstruction experts. The more evidence you can gather, the clearer it becomes who caused the collision.

Witness Testimonies

Witness statements can clarify or confirm the sequence of events. For instance, if bystanders saw you crossing on a green light while the driver sped through a red light, that bolsters your claim. 

Conversely, if multiple witnesses testify that you ran into traffic, it might shift fault onto you. A skilled lawyer knows how to interview witnesses so their accounts stay consistent and credible.

Comparative Negligence

Liability in Utah is governed by comparative negligence rules. If both driver and pedestrian contributed to the accident, each party’s share of fault is assigned by a percentage. That affects how much compensation you can recover. 

A driver 80 percent at fault might have to pay the bulk of damages, but if a jury assigns you 20 percent blame, your award is reduced accordingly.

In short, liability depends on several elements: driver conduct, pedestrian behavior, road conditions, and more. An attorney well-versed in pedestrian accident law can help collect facts, analyze possible causes, and present a strong argument in your favor. This process may involve thorough negotiation or a court trial, but the aim remains the same: to ensure that whoever caused your injuries is held accountable for their negligence.

Compensation Available for Pedestrian Accident Victims

When you suffer injuries as a pedestrian, the financial impact can be overwhelming. Medical bills often stack up rapidly, and you might be unable to work for some time. Fortunately, Utah law allows victims of negligent drivers to seek compensation for a variety of losses. An Orem pedestrian accident attorney can help you get the funds you are entitled to. Below are common types of damages you might recover:

Medical Expenses

This includes the cost of emergency services, hospital stays, surgeries, medications, physical therapy, and any ongoing treatments. 

If your injuries require long-term care or specialized rehabilitation, those future expenses can be included. Keeping detailed records of all medical bills helps prove the extent of your losses.

Lost Wages and Future Earnings

If your injuries cause you to miss work, you can claim compensation for those lost wages. In more serious cases, your ability to earn a living might be permanently reduced. 

That means you could pursue damages for diminished earning capacity, accounting for the income you could have earned if not for the accident.

Pain and Suffering

These damages recognize the physical pain and emotional distress you have endured. While more challenging to calculate than hospital bills, pain and suffering can significantly affect your quality of life. 

If you experience anxiety, depression, or chronic pain, that suffering is also compensable. Sometimes, expert witnesses help quantify these non-economic harms.

Property Damage

If your personal items, like a phone or smartwatch, are damaged in the accident, you can seek reimbursement. Pedestrians usually do not face the same property losses as vehicle owners, but items like clothing or backpacks might be destroyed upon impact.

Scarring or Disfigurement

Some pedestrian accidents lead to scars or permanent disfigurement. Compensation could help cover reconstructive surgery or therapies to cope with these physical changes. Scars on visible areas, such as the face or arms, can also lead to emotional distress that affects daily life.

Mental Anguish and Loss of Enjoyment

Severe injuries can restrict your ability to do activities you once loved. If you can no longer play sports, travel comfortably, or enjoy routine hobbies, you may be able to seek damages for that lost enjoyment. While intangible, these effects are genuine and recognized by courts.

Wrongful Death Damages

Tragically, some pedestrian accidents lead to fatalities. Surviving family members could file a wrongful death claim to recover funeral expenses, lost financial support, and the emotional impact of losing a loved one. These claims recognize the deep emotional and financial toll such a loss creates.

Punitive Damages

In rare instances, if the driver’s conduct was extremely reckless or malicious, such as driving under the influence with very high blood alcohol content, punitive damages might be awarded to punish that behavior. This is not common, but your attorney can advise if your case might qualify.

Securing proper compensation requires negotiating with insurance adjusters or, if necessary, going to court. It also involves gathering evidence to prove your losses and your need for financial recovery. An experienced lawyer can help calculate the full impact of your injuries, preventing an early settlement that does not cover all expenses.

How Our Orem Pedestrian Accident Lawyer Helps Accident Victims

At Flickinger Boulton Robson Weeks, we realize that being struck by a vehicle while walking is both terrifying and life-changing. You may be dealing with severe pain, rising medical bills, and confusion about handling insurance claims. 

Our firm focuses on personal injury law and has achieved notable outcomes for injured clients and the families of those who lost their lives due to someone else’s negligence. Here is how we can support you after a pedestrian accident in Orem:

• Listening to Your Story: We start by hearing your account of the accident. We want to know how it happened, what injuries you have, and how those injuries affect your day-to-day life. This personalized approach ensures we fully understand your needs and tailor our legal strategy to your situation.
• Investigating Thoroughly: Once you become our client, we gather all relevant information. That includes the police report, witness statements, photographs, and surveillance footage if available. If liability is disputed, we may hire an accident reconstruction expert to show precisely how the crash occurred. By leaving no stone unturned, we build a strong case for you.
• Handling Insurance Communications: Insurance companies can be tricky to deal with. Adjusters might offer quick but low settlements or try to blame you for the accident. Our attorneys handle these discussions on your behalf. We present clear evidence of the driver’s negligence and push for a settlement that reflects your true losses.
• Evaluating Your Damages: Our job is to ensure you receive fair compensation for all your injuries and financial losses. We work with medical professionals to understand your recovery timeline, any future treatments, and how your injuries might affect your job. By thoroughly evaluating damages, we avoid the risk of settling for less than you really need.
• Negotiating or Litigating: Many pedestrian accident cases end in settlements. However, if the insurance company refuses to offer a reasonable amount, we are prepared to file a lawsuit and go to trial. Our team has courtroom experience and the willingness to fight for your rights when settlement talks break down.
• Offering Compassionate Guidance: We recognize that a serious accident can disrupt your life physically and emotionally. Our attorneys keep you informed about each development in your case, using simple language rather than legal jargon. We answer your questions quickly and treat you with the kindness you deserve.
• Drawing on Our Notable Results: Our track record includes sizable verdicts and settlements for various personal injury clients. While no two cases are alike, we bring the same dedication to every client, no matter how big or small their claim. This commitment to excellence can improve your chances of receiving a fair outcome.

If a negligent driver has changed your life by hitting you while you were walking in Orem, do not hesitate to seek legal help. By partnering with our firm, you can focus on healing while we manage the legal complexities, from gathering evidence to negotiating with insurers.

An Orem Pedestrian Accident Lawyer’s Frequently Asked Questions