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4 Ways You Can Avoid Pedestrian Accidents as a Driver

4 Ways You Can Avoid Pedestrian Accidents As a Driver

As a driver, a pedestrian accident is probably one of your worst nightmares. Hitting a pedestrian can result in catastrophic bills that increase your insurance premium and sometimes have extreme consequences, like incarceration. We want you to be able to avoid a car accident involving a pedestrian at all costs. That’s why we’ve put together this blog with four ways you can prevent pedestrian accidents as a driver. Keep reading to learn more. Learn Pedestrian Behaviors Learning pedestrian behaviors that are common to all pedestrians helps you out, especially if your fear of hitting a pedestrian comes from not knowing what they might do. It’s very understandable. The good news is that there are behaviors common to most – if not all – pedestrians.  Common pedestrian behaviors vary, but jaywalking, crossing the street outside of crosswalks, texting while crossing the road, and ignoring traffic signals are the most common among everyone.  Pedestrians are more likely to jaywalk, text, or ignore traffic signals in areas without pedestrian infrastructure, like dark streets and intersections without crosswalks, so it’s important to be extra vigilant in these areas.  If it’s too dark to see, turn your brights on to illuminate any pedestrians so you can avoid hitting them. Driving more slowly in the dark is another good way to reduce the risk of accidents.  Another important aspect is paying attention to cues, like a pedestrian’s eye contact or body language. Eye contact can indicate that a pedestrian has seen you and is prepared to cross the street. They will likely wait for their turn to go.  Lack of eye contact can mean they are distracted and unaware of their surroundings. So be prepared for a distracted pedestrian to suddenly step out into the street.  School zones are another important area to pay attention to since children don’t always understand crossing rules. Always obey the crossing guard, and stay alert for children who might run out into the road, even if the crossing guard motions for you to go.  It’s imperative to be aware of these habits every time you drive to prevent a pedestrian accident.  Obey Traffic Laws & Regulations Obeying traffic laws and regulations is crucial to avoiding car accidents as a driver. This includes observing speed limits, stopping for pedestrians in crosswalks, and avoiding distractions like texting or eating while driving. One simple distraction can be enough to cause an accident.  Speed Limits Obey the speed limit is important for avoiding pedestrian accidents. Speed limits are set in consideration of road conditions, pedestrian activity, and other factors to ensure everyone stays safe.  Speeding increases the likelihood of accidents and makes it more difficult to stop in time to avoid pedestrians or road hazards. Speeding also makes accidents more severe by increasing the force of the impact, which is yet another reason to obey the speed limit. Obeying the speed limit also helps maintain a safer and more orderly traffic flow. In addition, it sets a positive example for other drivers on the road and keeps everyone safer.  Stopping for Pedestrians Simply put, it’s against the law not to stop for a pedestrian in a crosswalk. Crosswalks are designated areas for pedestrians to cross the street safely. It’s your responsibility as a driver to slow down and stop to avoid an accident. These laws are in place for everyone’s safety and protection. This is why not obeying traffic laws and regulations can result in traffic citations, fines, and even more severe consequences like incarceration.  Distracted Driving Avoiding distractions like texting, eating, or even adjusting the radio can take your attention away from the road and prevent you from noticing pedestrians or other road hazards, which can ultimately cause a car accident.  Distractions can slow your reaction time, making it more difficult to avoid an accident. It’s important to keep your full attention on the road to avoid distractions that could put you or others in danger.  Pay Attention at Intersections Intersections are high-risk areas for pedestrian accidents since these areas are often crowded with pedestrians and cyclists. Often, when a light turns green, signaling you to go straight or turn right, the pedestrians at the crosswalk also have the right of way to go across the street. So, even if you have a green light, check for pedestrians before making a right-hand turn. Be extra careful when turning at an intersection, follow all laws, and be prepared to stop, even if you have the right of way if a pedestrian starts to cross. It’s much better to pause for the pedestrian than to risk an accident.  Drive Safely & Defensively  Driving safely and defensively means anticipating unexpected situations, like a pedestrian suddenly stepping into the street or a child riding a bike on the sidewalk. It’s important to always drive safely and responsibly by avoiding tailgating, using turn signals, and yielding the right of way whenever necessary.  Call Flickinger Boulton Gooch & Robson Today Learning about pedestrian behaviors and obeying traffic regulations are helpful steps for preventing pedestrian accidents. It’s important to remain alert to your surroundings and to pay close attention to intersections. Ultimately, defensive driving is the best way to avoid pedestrian accidents and to make our roads safer and more accessible for everyone. But if you are involved in a pedestrian accident, know that it is possible to get justice. Contact Flickinger Boulton Gooch & Robson today for your free case evaluation and take one more important step toward regaining control of your life.  Flickinger Boulton Gooch & Robson have over 150 years of combined experience in personal injury law and have won our clients hundreds of millions of dollars. Let us fight for you to get you the compensation you deserve for your pain and suffering. Call us at 801.500.4000, or contact us through the form on our website to get started. 

Pedestrian Safety: Tips on How to Stay Safe at Night

Pedestrian Safety: Tips on How to Stay Safe at Night

Whether you’re out to experience the nightlife or you simply enjoy an evening stroll, it’s essential to understand the rules of pedestrian safety. Staying safe as a pedestrian in the daytime is one thing, but walking on sidewalks and crossing streets at night presents a different set of challenges.  According to the National Traffic Highway Safety Administration, most pedestrian deaths occur at night between 6 PM and 12 AM. Here’s a look at some of the most effective ways to protect yourself while walking outdoors in the dark. Basic Nighttime Pedestrian Safety Traffic is an obvious risk of walking along the street at night, and it’s something you should be aware of and watch out for. But there are also other potential hazards and risks. Take the following precautions to keep yourself safe when walking at night: Avoid walking in dark and poorly-lit areas. Stick to well-lit areas with bright streetlamps. Do not take shortcuts through dark alleys and side streets. Wear bright clothing that drivers will be able to see. Reflectors on your shoes or clothing can be extra helpful to stand out at night. Carry a flashlight or light source with you. Cell phone flashlights are ok in a pinch, but a flashlight with more lumens would be more effective for lighting the path in front of you. Walk on sidewalks whenever possible. Utah laws require pedestrians to use sidewalks if they are available. If there is no sidewalk, walk on the shoulder as far away from the roadway as possible. The law also states that you should walk on the left, facing traffic, if you somehow find yourself on a road with no sidewalk and no shoulder. Don’t scroll on your phone as you walk. Cell phone use while driving is illegal because of the dangers it presents, but it can be equally dangerous for pedestrians. A pedestrian staring at their phone can easily step off the sidewalk, veer outside of the crosswalk, or find themselves stepping into oncoming traffic.  Obey all traffic signals unless a police officer is otherwise directing traffic. Stick with a group or another person, and try to avoid walking by yourself at night. Walking with someone else can help protect you from danger and crime, and if an accident does occur, you have someone to call for help.  Assume that motorists cannot see you. Practice walking defensively, and wait an extra few seconds to make sure the driver will stop before you proceed into an intersection. Those few extra seconds could save your life.  Flickinger Sutterfield & Boulton Can Help Accidents can happen when you least expect them, even if you’re following all of the rules of pedestrian safety. If you’ve suffered injury as a pedestrian, Flickinger Sutterfield & Boulton are here to help you collect damages for your pain and suffering. Our offices are conveniently located in Provo and West Jordan, Utah. Contact us today for a free case evaluation so you can get started on the road to healing and recovery. 

How Often Are Pedestrians Hit by Vehicles?

How Often Are Pedestrians Hit by Vehicles?

Whether you are walking to the store, home from school, or from your car to work, most people are pedestrians at some point during the day.  Unfortunately, pedestrian deaths and injuries are all too common.  According to the CDC, in 2017, there were 5,977 pedestrian deaths due to vehicle accidents. That equates to one death every 88 minutes. And 137,000 pedestrians went to the emergency room due to a non-fatal pedestrian accident. With this knowledge, it is important to learn the best practices to stay safe while walking. Best Practices for Pedestrian Safety Death or injury from a vehicle is all too common, so it is imperative that pedestrians take the responsibility to learn how to walk safely. The National Highway Traffic Safety Administration provided the following safety tips to pedestrians: Be Predictable Obey the traffic signs and rules of the road while walking. Drivers expect that pedestrians will follow the standard rules, and when those rules are broken, the probability of an accident increases. Use Sidewalks Use designated sidewalks when available; This is one of the most important tips to follow to ensure pedestrian safety. When a sidewalk is not available, you should walk facing traffic and be as far away from the vehicles as possible. Make Eye Contact Never expect that a driver can see you. When walking by a vehicle or crossing the street, make eye contact with the driver to confirm that they are aware of you. Be Alert While walking, make sure that you are alert and aware of your surroundings at all times. It can be easy to be engrossed in your phone or another mobile device. This distraction can lure you into danger if you are not careful. Avoid Alcohol and Other Substances  If you know that you need to walk a distance outside, avoid alcohol or other substances that can impair your judgment. Use Crosswalks When you need to cross the road, use a crosswalk. When a crosswalk is not available, look for an area where you are easily seen. Remember to look both ways for vehicles when crossing the road, with or without a crosswalk. Safety Tips for Children During the school season, millions of kids walk home from school every day. Along with the tips listed above, The NHTSA mentions additional tips to help children remain safe while walking to and from school. Watch the Road, Not Your Phone Children are much less likely to pay attention to their surroundings while walking than adults. Remind your children to keep their eyes up instead of at their phones or other devices. After a long day at school, they are probably excited to use their devices again, but remind them not to do so while walking. Do Not Play While Walking Horseplay is common when a group of children is walking together. This can distract the children from their surroundings and can accidentally send a child into the road. Talk to your children about the importance of utilizing their walking space safely. Flickinger Sutterfield & Boulton is Here For You If you are a pedestrian and find yourself in an accident, please reach out to Flickinger Sutterfield & Boulton for assistance. Our team can help you collect the compensation you deserve. We have offices throughout Utah County and West Jordan, Utah. Schedule your free case evaluation today.

Locations Where Pedestrians Get Hit the Most

Pedestrians get hit most in urban cities. Their injuries and fatalities are but one aspect of a bigger set of problems related to road safety. Although walking is great for our health, it can also result in more tragic pedestrian accidents. Continue reading to learn where these accidents are most likely to occur. Which Part of a City Do Pedestrians Get Hit the Most? Non-intersections are a hotspot for pedestrian accidents in urban cities. According to the United States Department of Transportation, more than 70 percent of pedestrian-related fatalities occur while on a stroll or running. This statistic matters because it shows that accidents are more likely to happen when one’s senses are impaired, such as when a person walks for leisure. A person walking from point A to point B is less likely to be struck because they’re more attentive than someone who is jogging. Most of these accidents occur between 6:00 p.m. and 6:00 a.m. Read on to learn who is most at risk. Who is Most at Risk of Becoming a Victim? Although every pedestrian is in danger of getting struck by a car, certain groups have a higher risk. According to the Centers for Disease Control and Prevention (CDC), these people are most at risk: Male pedestrians are more likely to get hit by cars than women. As people age, they’re more likely to die from injuries caused by an accident. Teenagers and young adults ages 15-29 are more likely to receive treatment for injuries as pedestrians in emergency rooms compared to older people. Children are at the highest risk of dying if struck by a car. One in five traffic fatalities of children who were younger than 14 died from this type of accident. Thirty-four percent of pedestrians who died as a result of a pedestrian accident had a .08 percent blood alcohol concentration or higher. Common Causes of Pedestrian Accidents Drivers have a duty of care to obey traffic laws and must look out for pedestrians. When they don’t follow traffic signs, fatal crashes may occur. Common ways driver negligence results in accidents include: Distracted driving: When drivers talk on the phone, text, or eat and drink, their minds and eyes aren’t on the road. An unsuspecting pedestrian who has the right of way may fall victim to a driver’s negligence. Intoxicated driving: When a driver is intoxicated through alcohol or drugs, their reasoning, reaction times, and driving abilities become impaired. They can easily miss a pedestrian, especially at night. Speeding: Not only is speeding a violation of traffic laws, but it’s also one of the most reckless forms of driving. When pedestrians get hit by speeding cars, they may suffer life-threatening injuries or die on impact. Poor weather: Drivers who don’t slow down when it’s foggy, rainy, or snowy might not be able to see pedestrians. They may not be able to slow down or stop in time on slippery roads. Left-hand turns: Pedestrians risk being struck when using crosswalks by cars turning left. Unfortunately, a driver’s focus may be on safely navigating the intersection instead of the pedestrian legally crossing the street. Failing to yield: People who drive past stop signs and don’t stop for pedestrians who have the right of way are a common cause of these accidents. Backing-up accidents: Some of the worst accidents occur in people’s driveways when they back up their cars over a child they can’t see. Establishing Fault If a pedestrian crosses the street while the crosswalk sign says, “don’t walk” and is struck by a car, they may be legally at fault for their accident. They may also be held liable if they cross prohibited roads, freeways, and highways. However, a driver who doesn’t stop to check on a victim after hitting them, whether it’s their fault or not, might be charged with hit-and-run. They’re often found negligent in backing-up and left-hand turn accidents. Flickinger Sutterfield & Boulton is Here for You Although pedestrians get hit most in densely populated cities, they risk being struck anywhere, including suburban areas. If you were recently involved in a pedestrian accident, an experienced personal injury attorney from Flickinger Sutterfield & Boulton could help you receive the compensation you deserve. We have offices throughout Utah County and West Jordan. Schedule your free case evaluation today.

What Are The Emotional Reactions To Hitting A Pedestrian?

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Being struck by a car as a pedestrian can leave you with damaging psychological and physical effects. If you’ve experienced this situation, you know how agonizing these injuries are, coupled with the emotional trauma that comes with surviving a near-death experience.  Learn more about the strong emotional reactions associated with striking a pedestrian in today’s blog.  The Aftermath of Surviving an Accident Depending on the severity of the pedestrian accident, the emotional impact may be as small as avoiding the road. Unfortunately, in more extreme circumstances, a victim may not want to leave their home because they’re too afraid to even walk on the sidewalk. Some of them may even feel too afraid to be near their car, causing triggers each time one drives by their home.  Being struck by a car can deteriorate your quality of life. Continue reading to understand the psychological effects of surviving this incident.  Intense Feelings of Anxiety Experiencing moderate anxiety is normal from time to time, especially since most people experience anxious feelings daily. However, after suffering physical injuries from a pedestrian accident, you may feel heightened anxiety. Sadly, these bouts of anxiety can become so crippling that survivors often develop mild, moderate, or severe depression. Some survivors become unable to perform daily tasks they once enjoyed, and some even lose their jobs due to depersonalization.  Post-Traumatic Stress Disorder Post-Traumatic Stress Disorder (PTSD) is a psychological disorder that can develop in individuals who have witnessed or survived a traumatic event, such as a natural disaster, serious accident, war, sexual assault, and more. Individuals with this disorder may be unable to finish basic tasks, such as keeping up with personal hygiene, paying bills, cooking, shopping, doing laundry, driving, or showing up to work.  Worst of all, a survivor of an accident may encounter triggers in their everyday life that remind them of the accident, bringing up feelings of hopelessness and panic. Moreover, PTSD can slow down a person’s rehabilitation process because there’s a correlation between emotional and physical health.  Survivor’s Guilt Survivor’s guilt is a condition of persistent mental and emotional stress experienced by someone who has survived an incident in which others died. For instance, if a pedestrian was distracted while crossing the street and the driver of the car swerved out of the lane to avoid hitting them, resulting in death, then the pedestrian might feel responsible for their death. It’s essential to seek help from a psychiatrist after an accident so that you don’t develop this mindset, which can worsen if left untreated.  Misplaced Anger Conversely, some people may feel angry at the driver and public safety officials after an accident. It’s justifiable to feel upset that your life has been disrupted if you’re unable to go back to your job for some time and can’t perform tasks, but you can’t let these feelings overcome you. Remember, there’s a relationship between emotional and physical health, and harboring resentment might slow down your recovery time.  Flickinger Sutterfield & Boulton is Here for You Surviving a car accident as a pedestrian can make you feel vulnerable, and it may take years to recover fully. If a negligent driver recently struck you, you should reach out to a personal injury attorney who can ensure you receive damages. The experienced personal injury attorneys at Flickinger Sutterfield & Boulton can ensure you receive compensation while you focus on healing. We have offices throughout Utah County and West Jordan. 

What is a Negligent Pedestrian?

What is a Negligent Pedestrian?

When it comes to pedestrian accidents, you may assume the driver is at fault; however, this assertion isn’t always correct. Many people believe the adage, “pedestrians always have the right of way” without realizing pedestrians can be as negligent as a driver. Learn more about negligence in today’s blog.  Understanding Negligence Negligence is a legal theory that a plaintiff must prove before they can hold a defendant legally responsible for the harm they suffered. Every person must exercise a duty of care under a given set of circumstances. For instance, both drivers and pedestrians must follow traffic laws and the rules of the road when using streets, crosswalks, or highways.  If person A doesn’t act with reasonable care and causes harm to person B, then person A will be found negligent in court, regardless of who was driving and walking. Continue reading to learn more about determining fault in a pedestrian accident case.  How Can a Pedestrian Cause an Accident? Typically, car accidents involving pedestrians end with a disparity of damage, meaning the pedestrian may suffer significant injuries, whereas the driver may go unscathed. It’s easy to see why most people believe drivers are always responsible for collisions. However, a pedestrian may cause an accident in several ways, which include the following: Jaywalking: Pedestrians must cross as directed in designated crossing zones; otherwise, they can only cross if they won’t obstruct traffic.  Wearing dark clothes while walking Negligently or intentionally throwing objects onto the road or near the traveling lane Failing to look both ways when crossing the street Entering into a crosswalk when traffic signals indicate to wait Darting into the road to pick up an item Attempting to distract a driver Crossing the street while intoxicated For example, a Colorado man was struck by a car when he tried crossing the street in dark attire. The driver couldn’t see the man, and law enforcement determined the accident was the pedestrian’s fault.  Determining Fault in Pedestrian Accidents Of course, there are some accidents in which a driver is clearly at fault for striking a pedestrian. Failing to stop at a designated crosswalk, running a stoplight, and making a right turn on a red light as a pedestrian is crossing are some examples. At the same time, pedestrians may have a better chance of avoiding accidents compared to drivers. It’s rare for a car accident involving a pedestrian to occur outside the roadway. Furthermore, a pedestrian can determine whether they should exit a sidewalk or road shoulder to enter a roadway. Still, determining fault is complex, so every state uses a contributory or comparative negligence system.  Shared Fault in Pedestrian Accidents Sometimes, both a driver and pedestrian are to blame for an accident. The result of a personal injury lawsuit where both the pedestrian and driver are culpable varies from state to state. Let’s explore these laws: Contributory Negligence: If the defendant can demonstrate the plaintiff’s negligence contributed to the accident in any capacity, even if it’s just one percent, the plaintiff becomes ineligible to receive compensation from the defendant. Only a handful of states, such as Maryland, Alabama, Virginia, Washington, and North Carolina, practice this rule.   Comparative Negligence: This rule allocates fault between both parties. For instance, if the plaintiff is partly at fault for an accident, then the defendant’s liability may be reduced but not eliminated. Here are the two variations of the comparative negligence system: Pure Comparative Negligence: Liability is split based on the percentage of fault. Let’s say the pedestrian is found 30 percent responsible, and the driver is 70 percent at fault. If the pedestrian’s damages equal $10,000, then the driver must pay them $7,000. Modified Comparative Negligence: Liability is split according to the percentage of fault, but only to a degree. If a plaintiff meets or exceeds this threshold, they may not be able to receive recovery. Generally, this limit is 50 percent, so if a plaintiff is more than 50 percent at fault, they don’t qualify for compensation.  Utah uses the Modified Comparative Negligence rule to establish fault.    Flickinger Sutterfield & Boulton is Here for You If you were recently involved in an accident caused by a pedestrian, it might be difficult to prove it’s their fault. An experienced personal injury attorney from Flickinger Sutterfield & Boulton can help you collect proof to hold the negligent pedestrian accountable. There are no upfront fees for hiring an attorney from our firm. We have offices throughout Utah County, as well as West Jordan. Schedule your free case evaluation today. 

Do Pedestrians Always Have the Right-of-Way?

Do Pedestrians Always Have the Right-of-Way

When you’re taking a relaxing stroll, you may not be worried about the risks distracted, speeding, or negligent drivers pose. As someone who’s on the road, either as a driver or pedestrian, it’s your duty to follow road rules and to yield the right-of-way at intersections and crosswalks. Continue reading to find out if pedestrians always have the right-of-way. Safety is a Shared Responsibility Most people are surprised to learn this, but pedestrians don’t always have the right-of-way. Drivers and pedestrians alike share the responsibility of keeping themselves and others safe on the road. The Federal Highway Administration is trying to increase pedestrian safety by investing in infrastructure improvements, such as redesigned roads that promote better pedestrian and bicycle traffic flow. Below are some useful guidelines to follow for both drivers and pedestrians. What Are the Duties of a Pedestrian? When a pedestrian is crossing the street in an area without a marked crosswalk at an intersection, they must yield the right-of-way to vehicles. Moreover, when there are adjacent intersections at which traffic-control signals are in operation, it’s illegal for a pedestrian to cross between them; they may only cross in a marked crosswalk. Furthermore, they’re prohibited from suddenly leaving a curb to walk or run into the path of a vehicle because this constitutes an immediate safety hazard. Safety Tips for Pedestrians To stay safe when you’re walking, do the following: Always look left-right-left before crossing the street and continue to look for vehicles as you cross. Remember, just because you’re using a crosswalk doesn’t guarantee a driver will see you. Wave your arms if an approaching driver isn’t slowing down. Don’t stand on the road while you’re waiting to cross. Always push the pedestrian signal button before using a crosswalk; this will give you more time to cross before the traffic light turns green. In the absence of a sidewalk, walk facing traffic along the shoulder of the roadway. Watch out for vehicles entering or exiting a parking lot or driveway. When you’re crossing a road with multiple lanes and a car in the closest lane stops to allow you to cross, make sure the drivers in other lanes can also see you. Once they come to a stop, continue to walk. Safety Tips for Drivers Even if you’ve been driving for decades, it’s important to familiarize yourself with the following safety tips: ● Slow down around schools, playgrounds, parks, and other areas children frequent. ● If one car has stopped at a crosswalk (either mark or unmarked), all other vehicles must also stop to allow a pedestrian to cross. ● Drivers making a left or right turn on a green light must yield the right-of-way to a pedestrian in a marked or unmarked crosswalk within the intersection. ● You must stop at the designated stop line in front of the crosswalk. Many drivers mistakenly stop inside the line, but that’s illegal. Flickinger Sutterfield & Boulton Can Help Unfortunately, even if you follow every road rule, some reckless drivers may not be as responsible. If a negligent driver recently struck you, you may be eligible for compensation. Flickinger Sutterfield & Boulton can help you attain the damages you deserve while you focus on healing. Contact us today for a free case evaluation.  

What If I Hit A Jaywalker?

What If I Hit A Jaywalker

When we hear of car accidents involving pedestrians, we usually assume it’s the driver’s fault because of how big and powerful vehicles are. However, pedestrians can also be held liable for accidents, especially if they were jaywalking. Discover more about the consequences of striking a jaywalker. Determining Fault Drivers, motorcyclists, pedestrians, bicyclists, and anyone else who shares the road must abide by its rules. When it comes to pedestrians, it’s illegal for them to jaywalk or wander in areas where foot traffic is unlawful, such as certain parts of a highway. If they break these laws and it results in a car accident, they will be found partially at fault. Learn more about determining negligence in a pedestrian versus vehicle accidents, and how it can affect compensation. Contributory Negligence Contributory negligence states that an injured person’s negligence regarding the underlying accident, no matter how small, prohibits the person from receiving damages from the at-fault party. For example, a pedestrian jaywalked when they were struck by a driver who was falling asleep; the pedestrian won’t be eligible to recover compensation from the driver. These rules tend to be unforgiving, but only a handful of states apply them, such as Alabama, Maryland, and Virginia. Comparative Negligence Comparative negligence determines the total amount a plaintiff can successfully recover based on their level of fault in the accident. There are two variations of this law, which are modified comparative negligence and pure comparative negligence; most states follow one or the other. Modified Comparative Negligence: Based on this rule, the plaintiff’s level of the fault must not surpass a specific threshold; otherwise, they may not be eligible to recover damages. Usually, this threshold is 50 percent, so if the plaintiff is over 50.1 percent at fault for the accident, they won’t be able to recover compensation. However, if they’re less than 50 percent at fault, they can receive damages from the defendant. If you were recently in an accident, either as a pedestrian or a driver, it’s best not to depend too much on compensation because it may be reduced depending on your share of fault. Let’s go back to the previous example of the jaywalker and the sleepy driver to understand how this rule works. If the pedestrian ended up with $50,000 worth of medical bills, and the jury decided they were 40 percent at fault while the driver was 60 percent to blame, the pedestrian would only be able to recover $30,000. On the other hand, if the jury determined the pedestrian was 60 percent at fault, then they wouldn’t be able to recover compensation based on modified comparative negligence rules. Pure Comparative Negligence: This rule is more forgiving, as there is no fault threshold. If the plaintiff isn’t found entirely at fault, they’re eligible to recover partial compensation. For example, if there’s an accident involving a pedestrian that leaves them with $100,000 in injuries, and they’re 90 percent at fault, they can legally ask the driver for $5,000.   Flickinger Sutterfield & Boulton Can Help Determining fault in an accident that involves a pedestrian is difficult, but you shouldn’t be forced to pay hefty medical fees if they were negligent. An experienced personal injury attorney at Flickinger Sutterfield & Boulton can help you understand negligence rules and represent you in court. Schedule your free case evaluation today.  

The Five Biggest Reasons for Pedestrian Accidents

The 5 Biggest Reasons For Pedestrian Accidents

Traveling by foot is the healthier option, but it’s not always the safer option. Pedestrians are involved in 13 percent of vehicle-related fatalities, according to the National Highway Traffic Safety Administration. Drivers are legally responsible for controlling their vehicles while on the road, yet the majority of pedestrian accidents are caused by a pedestrian’s actions (or inaction). Age plays a factor in pedestrian accidents, as people who are over the age of sixty-five and children who are under the age of fifteen make up 34 percent of pedestrian injuries and 27 percent of pedestrian fatalities.  The majority of pedestrian accidents are avoidable. Both pedestrians and drivers should learn the biggest causes of pedestrian accidents to avoid injury or harming others. Keep on reading to learn more.  1. Unmarked Crosswalks Intersections are a hotspot for pedestrian accidents. If you’re a pedestrian, only cross the street if there’s a signaled crosswalk. Walk on clearly marked pedestrian pathways around parking lots. Don’t walk around parked cars. A driver can be backing out of a parking spot at any moment, and they may not see you. 2. Improper Lane Use Although most pedestrian accidents happen on the roads, pedestrians run the risk of an accident while they’re walking on a sidewalk. Bicyclists who ride on the sidewalk can strike a pedestrian. In the worst-case scenario, a bicyclist who’s riding on the sidewalk can push a pedestrian into traffic. It’s important to always walk with your head up to remain cautious of both cars and bicycles.  3. Left-Hand Turns Unfortunately, signaled crosswalks aren’t always safe, and you still must look in every direction before you cross the street. Pedestrians are three times more likely to be struck by cars turning left than by vehicles turning right. Accidents related to left-hand turns usually occur because both drivers and pedestrians are busy looking in opposite directions. A driver might be busy negotiating the intersection, while a pedestrian might only be looking straight ahead.  4. Quiet Cars As hybrid cars and battery-operated vehicles climb in popularity, these cars are more likely to hit pedestrians than their gas-consuming counterparts. Although these quiet cars are ideal for not causing a ruckus in your neighborhood, they can be dangerous for pedestrians since most pedestrians detect oncoming traffic with their ears rather than their eyes.  Silent cars can especially be harmful to people with visual impairments since these people mostly rely on their hearing. If you drive a quiet car, you must pay extra attention to avoid harming a pedestrian. The risk of hitting a pedestrian from a silent car jumps to over 50 percent in residential areas because stops and turns are more frequent, according to the National Highway Traffic Safety Administration.  5. Dark Clothes While wearing black clothing is always in style, it’s wise to avoid wearing black clothes if you plan on walking at night. After the sun sets, plan on wearing brighter colors so drivers can see you; this safety tip is critical in areas with little to no street lighting. Carry a flashlight with you.  Both drivers and pedestrians must work together to decrease road accidents. Always be aware of your surroundings, whether you’re on a sidewalk or the road.  If a negligent driver recently struck you, you should work with a personal injury lawyer. Contact Flickinger Sutterfield & Boulton today to get the compensation you deserve.     

Healing After A Pedestrian Accidents

Healing After A Pedestrian Accidents

After a catastrophic incident such as a car wreck, most people can’t wait to get back on their feet. While feeling eager to get better is understandable, you shouldn’t curtail your healing time. Even if you try taking a shortcut by continuing to work when you should be resting, chances are you’ll only prolong your healing time. Recovering from an accident takes time, support, and adequate care. Because car accidents can result in a multitude of injuries, there is no one specific set time for healing. Your recovery time depends on the severity of your injury, your self-care routine during your healing process, and the health condition you were in before your car accident. Here are a few tips to help you recover from your accident so that you can resume your normal day-to-day activities.  Give Yourself Time After a few days of bed rest, you may have the desire to go back to work and partake in your hobbies again. Keep in mind, you’re not on a set schedule to recover from a car accident, and your body will ultimately decide when you’re done the healing. Even though bones heal within a month or two, complete recovery can take days, weeks, or even months—especially emotional and mental healing, and if your injuries resulted in life-altering changes.  Car accidents, both big and small, can result in trauma. Moreover, you might even feel scared to step foot into your car, and you may develop a fear of driving. With proper self-care and professional treatment from a therapist, this fear will subside over time.  Listen to Your Doctor The best thing you can do for yourself after a car accident is to follow your doctor’s instructions and recommendations. A doctor will provide you with a light exercise routine you can do to help recover from muscle pain. Although a doctor’s orders come first and foremost, you must also listen to your body. For example, if your doctor tells you that you should be fine within two months, but your body is still sore, then take more time to rest. Maintain open communication with your doctor about your pain and any progress you’re making.  Stay Healthy and Rested Our bodies begin to heal themselves the moment physical damage occurs, and rest is the best gift you can give your body during this exhausting time. The more your body has to work while you’re injured, the longer your body will take to heal. A combination of rest and staying hydrated will allow your body to replenish healing cells. Since your body won’t be exerting any additional energy during your recovery period, it will be able to focus all its limited energy on repairing damaged tissues. Extra rest can even promote a speedier recovery. Additionally, you’ll need to ensure that your diet is packed with proteins and vitamins, as these will boost your body’s natural healing process.  If a negligent driver caused your car accident, you’d need to work with a personal injury attorney to receive the compensation you deserve. The personal injury attorneys at Flickinger Sutterfield & Boulton can help you take care of the paperwork while you take the time to rest. Contact us to work with an experienced personal injury attorney.     

Put Away The Phone! Preventing Pedestrian Accidents

Phone Distracted Walking

Distracted driving is a well-researched problem, and several states have passed legislation to ban technology use while driving. Everywhere we go, we’re reminded to not text and drive—signs are plastered on freeways, and ads on the radio that advise people to not text and drive have taken over the airwaves. What most people don’t realize, however, is that using your phone while walking is just as dangerous as using your phone while driving. Distracted walking has been around since people first started owning cell phones, but new research proves that it’s becoming a significant problem. Each year, there’s an increasing amount of people injured as a result of texting, talking on the phone, or listening to music while walking.  Everyone’s a pedestrian throughout the day, whether it’s walking across a store parking lot or on your way to work; It’s essential to put away your phone while on foot. The Rise of Distracted Walking Cell phone usage while walking has become an epidemic in both big cities and small suburbs alike. The small town of Fort Lee in New Jersey has banned texting while walking. Pedestrians who are caught texting while walking in Fort Lee pay a hefty $85 fine. In urban cities such as London, England, some lamp posts are now padded to protect pedestrians who walk into lamp posts due to distracted walking. States such as Illinois, New York, and Arkansas are attempting to ban mobile device usage while walking at the state level, and it seems that more states will follow in their footsteps in the next few years. Nearly 5,000 pedestrians are killed each year due to distracted walking, according to data from the National Highway Traffic Safety Administration. That’s one death every 2 hours. Worst of all, these figures are expected to increase in the coming years.  Keep Your Head Up and Your Phone Down Distracted walking accidents are increasing by the year, and everyone with a cell phone is at risk. What can be done to reduce the likelihood of these accidents? Although the solution is obvious, some people need a refresher: stop using cell phones while you’re walking. When you walk and play with your phone, you lose focus on your surroundings and put your safety at risk. Not only are you risking your own security, but you’re also endangering others. Don’t just stop using your phone at intersections and crosswalks; you need to do your best not to use it as you walk anywhere—which includes walking around your house. More than half of distracted walking injuries occur in the comfort of our own homes. This only solidifies the fact that we must remain aware of our surroundings everywhere we go. It’s worth noting that not all pedestrians use their phones while walking, and several pedestrians are careful and alert at all times. If you’re a pedestrian who was recently struck by a negligent driver, you may be eligible for compensation. Contact Flickinger Sutterfield & Boulton to work with an experienced personal injury attorney today.

Pedestrian Accidents: When Walking Becomes Dangerous

Salt Lake City officials plan on installing a traffic light at one particularly dangerous intersection in the city. According to ABC 4, residents in the neighborhood surrounding the intersection have complained to officials about the dangers posed to pedestrians trying to cross the street; many telling the news channel about the near misses with speeding vehicles they or loved ones have experienced while using the crosswalk at the intersection. The city plans on having the traffic light installed at the intersection by the end of the summer of 2012. Too Late? The installation of the traffic light at this intersection is too late for a local mother (Natalie Randall) and daughter (Ambrosia Amalatitoda), however. In March 2012, the two were hit while crossing the street in the crosswalk. Both were rushed to the hospital with severe injuries. The Desert News reports that witnesses saw two cars stop for the mother and daughter, but a third car failed to stop and actually swerved, possibly to miss colliding with the two stopped vehicles, and hit the two walkers. Ambrosia Amalatitoda, who was six-years-old, died from head injuries caused by the pedestrian accident. Natalie Randall is expected to recover from her injuries. Right-Of-Way and Construction Dangers Many people are under the misconception that vehicles, due to their size and speed, have the right-of-way at all times, but this is incorrect. According to Utah law, pedestrians have the right-of-way when they are in a crosswalk, not vehicles. Every intersection in Utah is considered to have a crosswalk, whether the actual walking path is marked on the pavement or not. Further, Utah law states that drivers “shall exercise care to avoid colliding with a pedestrian,” whether the pedestrian is in a crosswalk or not. However, this does not mean that pedestrians just can step off the curb into a crosswalk and oncoming traffic and have cars yield them the right-of-way. Also, pedestrians are allowed to cross the street outside of the crosswalk, but are required to yield to cars when doing so. Having the right-of-way, even at an intersection with a traffic light and “walk” signal, does not mean that crossing the street is safe. Another safety risk faced by Utah’s non-motorists is navigating through a construction zone. Construction projects are often aimed at increasing safety on our roadways and many of these projects may help pedestrians when complete. However, they are adding increased dangers and risks of injury throughout the lengthy construction period. Two notable ongoing projects in Utah are the I-15 expansion through Utah County and the Spanish Fork aqueduct construction in Provo. In addition to the added congestion and site-related hazards, construction work is also destroying and displacing sidewalks and crossing areas throughout the project duration. This brings added risk to pedestrians who need those pathways to safely cross roadways and increases the chance of being involved in a pedestrian accident and suffering serious injuries. Safety Tips Because pedestrians are at a high risk of injury when involved in an accident with a car or truck, they need to watch out for their own safety. The Utah Department of Public Safety and Heads Up Utah offer the following safety tips for pedestrians: Always look both ways before crossing the street, even if you have a “walk” signal Do not assume a driver sees you just because you are using a crosswalk, continue to watch for vehicles that may not see you When waiting to cross the street, do not stand in the street Wear bright colored clothing during the day; at night, wear light colored or reflective clothing and carry a flashlight Be on the lookout for vehicles entering and exiting driveways, alleys and parking lots Walk on sidewalks when available and on the side of the road facing oncoming traffic when they are not A driver also needs to do his or her part to keep pedestrians safe. Heads Up Utah offers drivers the following safety tips: Slow down, especially near homes, parks and schools; the National Highway Traffic Safety Administration, or NHTSA, estimates that speed is the cause of 32 percent of fatal vehicle accidents Yield to pedestrians in crosswalks, especially when making a turn at a green light Stop at the “stop line” before the crosswalk Stop before the sidewalk when exiting a driveway, parking lot or alley, pedestrians on a sidewalk have the right-of-way When Injured … The injuries suffered by pedestrians in accidents with vehicles can be severe and include injuries to the head and neck, concussions and other brain traumas, broken bones and death. Any of these injuries can result in expensive medical and rehabilitation bills. By speaking with a Provo personal injury lawyer, you can learn of your options for recovering compensation to aid in paying for medical costs incurred because of a pedestrian accident in Utah. In seeking to recover compensation through personal injury lawsuits, injured pedestrians, even if they had the right-of-way, may need to prove that the drivers who hit them were negligent. Further, if the driver who hit you is uninsured, an attorney can help you file an uninsured motorist claim with the insurance company. Do not wait until you have recovered from the accident before exploring your legal rights. There is a statute of limitations for personal injury claims in Utah, so contact a personal injury attorney soon after the accident to ensure that your legal rights are protected.