¡Hablamos Español!
¡Hablamos Español!

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.

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.  

Pedestrian and Bike Accidents: Who’s at Fault?

Pedestrian and Bike Accidents: Who’s at Fault?

One of the most overlooked types of accidents happens between pedestrians and bicyclists. People have a hard time believing that pedestrians or bicyclists can cause accidents, but they also share a road with drivers; everyone on public roads has a responsibility to be attentive. Any party could be negligent, it all depends on who is at fault in the event of an accident. To avoid an accident while you are on foot or riding your bike, it’s wise to be aware of Utah’s pedestrian and bicyclist laws.  Pedestrian Laws A pedestrian is defined as someone who is walking on foot or using a wheelchair. Utah’s pedestrian laws state that pedestrians must abide by traffic signs and signals that apply to people who are walking. Do not abruptly enter the path of a vehicle. Jaywalking is when you cross at any other point besides the marked crosswalks—this is illegal. When following crosswalk signals, you must wait for the “walk” or walking person symbol to flash to cross the street. Do not walk when the stop hand signal is flashing, unless it starts to flash while you are already crossing the street. If this happens, you have the right of way and you must continue crossing. Yield to all emergency vehicles that are using their sirens. If there are sidewalks available, you must stay on the sidewalks when walking. If there are no sidewalks, walk on the shoulder as far away from the roadway as possible. In the absence of a road shoulder, walk to the far left. Make sure that you are facing traffic as you walk.  Bicyclist Laws Bicycles are considered a type of vehicle under the law. As such, bicyclists must obey the same traffic signals as cars. If you plan on riding your bicycle half an hour before sunrise or half an hour after sunset, be aware that these are hours of less visibility. You must make yourself appear identifiable to both cars and pedestrians by wearing either a white headlight, a red taillight, or side reflectors that are visible from 500 feet away. If you are operating a bicycle, you cannot abruptly stop or suddenly decrease speed without first giving an appropriate signal to the bicyclists behind you. The bicycle safety laws spell out a specific hand and arm signals that are to be enforced when you are changing directions or speed. Give a signal at least two seconds prior to changing your movement. Always keep at least one hand on your handlebars.  Accidents Between Pedestrians and Bicyclists  In the event of an accident between a pedestrian and a cyclist, if there is severe bodily damage or significant property damage, call 911 and request the police or an ambulance. The police and your insurance company will determine who failed to execute their duty of care. A duty of care is a legal obligation that is imposed on an individual to adhere to a set of standards when performing a risky activity. For example, if a bike rider is not using at least one hand on their handlebars and they crash into a pedestrian, the bicyclist is at fault. They will be responsible for the damages because this is negligence. The police will file an accident report. Both parties should exchange personal information. If a few months pass and you haven’t heard about the incident anymore, don’t get too confident. These types of accidents can resurface a few months or even years later, so don’t be caught off-guard if an attorney reaches out to you.  If you are a resident of Utah who was recently involved in a collision, contact our injury lawyers at Flickinger Sutterfield & Boulton today for your free consultation. Our experts will advocate for you to receive the satisfactory resolution you deserve. 

UTA Accident Prompts Look into Pedestrian Safety

A recent accident with a TRAX train has prompted the Utah Transit Authority (UTA) to take a closer look at pedestrian safety and at what threats non-motorists face on the state’s roadways and how they can stay safe. This June, teenager Shariah Casper was killed while walking across a TRAX road crossing. She waited for the eastbound train to pass, but stepped out in front of the westbound train, which Shariah could not see due to a 12-foot sound barrier wall. Although gates and lights were working at the intersection, neither was in place where Shariah was crossing. This tragic accident has prompted the UTA to examine the pedestrian safety issues at its railroad crossings and come up with solutions that will keep pedestrians from danger. UTA General Manager Michael Allegra wishes to be a leader in such efforts, and would like to partner with state and federal safety agencies to improve Utah’s pedestrian railroad crossings. Unfortunately, railroad crossings are not the only danger pedestrians’ encounter. Motor vehicles are an ever-present threat, especially if pedestrians are forced to walk alongside roads. Each year, 40 Utah pedestrians die and over 1,000 are involved in a crash with a motor vehicle. Driver behaviors that threaten pedestrians can include speed, lack of focus and attention on the road and distracted driving. Distracted Drivers Endanger Utah Pedestrians Distracted driving is a plague that affects drivers across the nation. Manual, visual and cognitive distractions like eating, grooming and cell phone use greatly impair a driver’s ability to operate their vehicle safely. In fact, 20 percent of all injury-causing crashes in 2009 involved a distracted driver. A University of Utah study found that driving while distracted by a cell phone has the same effect on a driver’s reaction times as driving while intoxicated. The high rate of distracted drivers in the U.S. requires pedestrians to be especially careful when crossing roads or other areas where traffic is present. In addition, pedestrians should avoid their own “distracted walking” when in these areas. Utah law demands that all vehicles stop for pedestrians in crosswalks and that drivers not overtake cars waiting for a pedestrian to cross. Pedestrians can also take safety into their own hands. Pedestrians should be aware that their actions can be unpredictable to a driver, and take extra precautions to look before crossing roadways, make eye contact with drivers before walking in front of their vehicles and avoid stepping out in front of an oncoming car. Wearing reflective clothing and sticking to sidewalks can also improve pedestrian safety. It is important for both drivers and pedestrians to remember that non-motorists are at a gross disadvantage in the event of a collision with a car or train. Therefore, everyone should take extra caution at interactions and other places pedestrians may be present to ensure everyone remains safe. If you or a loved one have been injured or killed while walking or cycling, please contact an experienced personal injury attorney to learn more about your rights and legal options.

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.

Local Accident Highlights The Risks Utah Pedestrians Face

Utah resident Marva Cutler is fighting for her life after being hit by a motorist as she walked along the street close to her home. Since the accident, the 59-year-old has undergone surgery on her gall bladder and pelvis. The driver of the car that struck Cutler, Marilu Angel, is currently under investigation. Unfortunately, this is far from an isolated incident. According to the National Highway Traffic Safety Administration (NHTSA), 60,000 pedestrians are killed, and 110,000 more are injured, in accidents with motorists each year. In Utah alone, the Utah Department of Health reports that 10,567 pedestrians were hit by motorists from 1996 to 2005. During that time, 383 pedestrians were killed in these accidents. There are a number of factors that contribute to motorist-pedestrian accidents, including the amount of people who walk to remain healthy and the numerous distracting activities that drivers often engage in. Both drivers and non-motorists can follow certain safety tips to try to avoid being involved in a pedestrian vs. car accident. Some safety suggestions include: Safety Tips for Pedestrians Be sure to walk on a sidewalk whenever possible If you are in an area that does not have a sidewalk, walk along the road in the direction facing traffic When walking at night, wear light-colored or reflective clothing, or carry a flashlight Be vigilant when crossing the street and check for traffic in all directions Safety Tips for Drivers Be careful when driving in residential neighborhoods or when near schools and parks Don’t stop in a crosswalk – always stop behind it Be vigilant when making turns – be sure to look around to see if there are any pedestrians close by Always yield when pedestrians are crossing the street – even if the crosswalk is not marked Even when drivers and pedestrians are diligent at following safety measures, accidents may still occur. If you or a loved one was a pedestrian injured in a motor vehicle accident, it is important to know that you may be entitled to compensation for your injuries and medical bills. Speak to an attorney experienced in personal injury matters to learn more about your rights and legal options.

Federal Agency Focusing on Pedestrian Fatalities

The U.S. is a car-oriented society. Many cities were designed to be automobile-friendly, which makes them dangerous for pedestrians. Federal government automobile fatality statistics show that pedestrian fatalities have been on the rise. The National Highway Traffic Safety Administration released a report in August 2013 detailing the tools it has developed to combat the increase in pedestrian fatalities. Pedestrian Fatalities on the Rise According to NHTSA data, pedestrian fatalities have been increasing over the past few years. In 2011, the most recent year for which data is available, pedestrians were one of the few categories of road users for which fatalities rose, representing 14 percent of all traffic fatalities for the year. Pedestrian fatalities rose by 3 percent between 2010 and 2011 to reach 4,432 deaths. If pedestrian fatality rates remain at the same rate, one pedestrian will be injured every 8 minutes and one pedestrian will die every two hours in 2013. Pedestrians seem to be most vulnerable in urban areas, as about 73 percent of pedestrian fatalities happen in urban environments. Pedestrians are more likely to be killed at night or when not in intersections. The data shows that 70 percent of pedestrian fatalities occur in the evening and outside of intersections. The NHTSA announced that it will provide $2 million in grant money to cities with pedestrian fatality rates higher than the national average to help them develop pedestrian safety plans. The NHTSA also teamed with the Federal Highway Administration to develop a website that has safety information for pedestrians and resources for cities to help protect pedestrians. Pedestrian Safety Tips People can increase their likelihood of remaining safe while on foot by following a few simple safety tips, including: Obeying traffic laws, signs and signals. Crossing streets at intersections. Walking on sidewalks whenever possible. Remaining alert at all times, avoiding the distraction of cell phones and other electronic devices. Looking both ways for traffic before crossing the street. Making eye contact with drivers before crossing the street. Wearing bright colors to increase visibility. Speak with an attorney No matter how many precautions pedestrians take while on the street, they cannot make drivers pay attention. The odds are stacked against pedestrians when motor vehicles collide with pedestrians. Drivers who are careless and strike pedestrians need to be held accountable for their negligence. If you or a loved one has been injured by an automobile while walking, talk to a skilled auto accident attorney who can help you recover for your injuries.