Pedestrians are at high risk for serious injuries in traffic accidents. If you were struck by a vehicle in West Jordan, you may be entitled to compensation. Flickinger Boulton Robson Weeks can help you hold the responsible party accountable. Call (801) 500-4000 to schedule a free consultation today.
Walking through your neighborhood should be safe, but accidents can happen when drivers aren’t paying attention. Pedestrian accidents are more common than people think, and when they occur, they can leave victims with serious injuries, expensive medical bills, and a long road to recovery.
After an accident, many people feel lost and unsure of what to do next. Insurance companies may try to downplay the severity of the injuries, making it difficult to get the help you need. On top of that, missing work and dealing with legal issues can add even more stress to an already overwhelming situation.
You don’t have to go through this alone. A pedestrian accident lawyer in West Jordan can help you hold the responsible party accountable and fight for the compensation you deserve. At Flickinger Boulton Robson Weeks, we have helped many accident victims get justice, securing major settlements in serious injury and wrongful death cases. We are here to provide both legal guidance and the support you need to move forward with confidence.
Common Causes of Pedestrian Accidents
While every collision has its own unique complexities, certain factors commonly show up in pedestrian accident cases throughout West Jordan:
Distracted Driving
In today’s world, it’s easy for drivers to text, scroll through apps, or handle phone calls while behind the wheel. A single moment of inattention can lead to a pedestrian being struck at a crosswalk or even on the sidewalk. Given West Jordan’s active community and busy streets, a driver’s eyes off the road for a few seconds can spell disaster.
Speeding
Speed limits exist for a reason, especially in residential areas. When a driver exceeds these limits, they drastically reduce their reaction time and increase the force of any impact. For pedestrians, who lack any protective barrier, being hit by a speeding vehicle can result in severe or even fatal injuries.
Failure to Yield
Intersections and crosswalks in West Jordan see their fair share of foot traffic. Drivers who fail to respect traffic signals, ignore stop signs, or overlook the right-of-way for pedestrians place everyone in danger. This kind of disregard often occurs when drivers are impatient or racing to beat a yellow light, and it can lead to catastrophic consequences for someone on foot.
A crash, even at moderate speeds, can lead to serious injuries. It’s important to find out what caused the accident, whether it was a distracted driver or someone not yielding. This is necessary to prove who is at fault, which is important if you want to seek compensation. A lawyer who knows the roads and traffic in West Jordan can help collect evidence, work with experts, and represent you to ensure the responsible driver is held accountable.
Utah Pedestrian Laws and How They Apply in West Jordan
Utah’s traffic statutes outline specific rules that both pedestrians and drivers must follow to improve safety for everyone on the roads.
Right-of-Way in Crosswalks
Under state law, when pedestrians step into a crosswalk (especially one with signals or marked lines), vehicles must stop or slow down to let them cross. Neglecting to do so can lead to a traffic citation or, in more severe cases, liability for accidents that result.
West Jordan’s local ordinances frequently mirror these statewide regulations, meaning drivers who fail to yield in such areas risk being held financially and legally accountable if someone is harmed.
Pedestrian Responsibilities
Pedestrians also have obligations, such as crossing only when traffic signals permit and using marked crosswalks where available. If a pedestrian disregards signals or darts into the street suddenly, Utah’s comparative negligence rule might reduce or completely negate any potential damages they could receive if an accident happens.
School Zones and High-Foot-Traffic Areas
West Jordan, with its variety of schools and busy communal spaces, often imposes lower speed limits or additional signage to protect pedestrians. Drivers who don’t respect these posted rules can be found negligent if a collision occurs.
Comparative Negligence
Utah’s comparative negligence principle can influence a pedestrian’s compensation if they share fault for an accident. For instance, if a pedestrian crosses outside of a crosswalk and is hit by a speeding driver, a court or insurer might assign a percentage of blame to each side, reducing the pedestrian’s award accordingly.
Being aware of these laws, and how they might apply to a specific accident, is crucial in building a successful claim. An experienced West Jordan pedestrian accident lawyer can help you interpret local statutes, compile supporting evidence, and illustrate how the driver primarily caused the collision through negligence or recklessness.
Determining Liability in Pedestrian Accident Cases
Assigning blame after a pedestrian accident can be complex. Often, drivers bear significant responsibility, especially in cases involving mobile phone distractions, speeding, or ignoring crosswalk signals. But there may be additional layers to consider:
Driver Negligence
If the driver failed to pay attention to the road (perhaps texting or fiddling with navigation), that oversight constitutes negligence under Utah law. Eyewitness testimonies, traffic camera footage, or phone records may help illustrate how the driver’s distraction led to the collision. Similarly, driver impairment (alcohol or drug use) or disobeying signals are strong indicators of liability.
Comparative Negligence
Utah’s modified comparative negligence standard means you can still recover damages if you bear less than 50% responsibility. Let’s say a pedestrian was partially inattentive, like if they crossed outside of a designated crosswalk. Even in such scenarios, the driver could be assigned the bulk of the blame, especially if they were speeding or ignoring other road rules.
Municipal Liability
In some rare instances, liability might extend to a city or county entity if the intersection was poorly maintained, like having broken traffic signals or dim streetlights. Demonstrating this kind of claim, though, usually entails proving the local government knew (or should have known) about the hazard but failed to fix it. Special deadlines and procedures often apply if you decide to file against a municipality, so swift legal action is imperative.
Vehicle Manufacturer or Third Parties
Sometimes, a defective car part, like failing brakes, contributes to an accident. If that’s the case, the car’s manufacturer or a repair shop might share the fault. These scenarios require detailed technical examinations and expert opinions to prove a direct link between the defect and the collision.
Insurance Provider Tactics
Even if the fault is apparent, insurance companies frequently minimize payouts, claiming the pedestrian was more at fault than they truly were. They might question the pedestrian’s vantage point, argue about the intensity of the impact, or ask whether the pedestrian used designated crossings. A West Jordan pedestrian accident lawyer can counter these tactics, ensuring liability rests where it belongs: with the negligent party.
Successfully determining liability is about investigating each nuance of the accident. By collecting police reports, witness statements,
dash cam, or surveillance videos, and analyzing the accident scene, you can build a compelling case that holds the right individuals or entities accountable for the harm caused.
Steps to Take After a Pedestrian Accident in West Jordan
Being struck by a vehicle while on foot can be disorienting and painful. In the immediate aftermath, taking the right actions can help safeguard your health and any future legal claim.
- Seek Medical Help: Even if you feel you’ve only suffered minor bruises, schedule a thorough medical exam. Certain injuries, like concussions or internal bleeding, might not show symptoms immediately, often due to the mask of adrenaline. Keep all your medical records, as they can serve as key evidence for your claim.
- Notify Law Enforcement: Call 911, particularly if anyone is injured. The responding officer’s official report often contains critical facts about fault, road conditions, and potential witness accounts. In West Jordan, local police can also assess whether the driver violated traffic rules.
- Document the Scene: If you can, take photos or make notes about the driver’s car, license plate, and any visible traffic signs or signals. Include your injuries in photos as well. If others witnessed the accident, ask for their contact info. Eyewitness statements could help confirm the driver’s negligence.
- Limit Conversations: You can share basic facts with the responding officer but refrain from admitting any fault or offering detailed statements to insurance adjusters. Sometimes, innocent remarks get twisted to shift blame onto you.
- Inform Your Insurer: If you have auto insurance coverage (even though you were a pedestrian), your policy might provide benefits like personal injury protection (PIP). Also, the at-fault driver’s insurer may contact you, but it’s wise to speak with an attorney first before giving recorded statements or signing any papers.
- Consult a Pedestrian Accident Lawyer: An attorney familiar with Utah laws can handle negotiations with insurers, advise you on best practices, and begin building a strong claim while you heal from your injuries. Prompt legal counsel means evidence is preserved and procedural deadlines aren’t missed.
Taking these steps ensures you protect both your well-being and the integrity of any potential legal claim, placing you in the best position to pursue fair compensation.
Compensation Available for Pedestrian Accident Victims
Pedestrian collisions, even at relatively low speeds, can cause severe harm, from broken bones and head trauma to lasting physical and emotional scars. Under Utah law, those injured due to another party’s negligence have the right to seek compensation that addresses these losses. Below are the typical categories of damages:
Medical Expenses
This covers everything from the ambulance ride and ER visits to surgeries, rehabilitation, prescription drugs, and follow-up care. Pedestrian injuries sometimes require months or years of treatment, especially if there’s permanent damage like spinal cord trauma or a traumatic brain injury. Future medical costs are also considered if you need ongoing therapy or medical devices.
Lost Wages and Diminished Earning Capacity
If you miss weeks of work recuperating, you may recover lost wages. Moreover, if the accident leaves you with a permanent disability that affects your long-term job prospects or forces you to reduce work hours, you could claim compensation for diminished earning potential.
Pain and Suffering
Beyond financial losses, courts in Utah acknowledge that your physical pain, emotional strain, and the overall disruption to your life merit compensation as well. Emotional distress might include anxiety, depression, or even
post-traumatic stress disorder (PTSD) following a severe accident.
Property Damage
If the impact destroyed personal items, like a phone, wallet, or even a bicycle, those losses can be included in your claim. While property damage often pales in comparison to medical issues, it’s still part of the overall financial hit you’ve endured.
Loss of Enjoyment or Quality of Life
Serious injuries can rob you of your ability to partake in hobbies or engage in ordinary day-to-day tasks. Courts may consider awarding compensation to account for such a reduced quality of life.
Punitive Damages
Though rare, these damages could come into play if the driver acted with extreme recklessness, such as driving excessively fast or while intoxicated. They aim to punish the wrongdoer rather than simply compensate you.
A West Jordan pedestrian accident lawyer can build a thorough claim that documents each of these components. By addressing both tangible and intangible damages, you stand a better chance at receiving a settlement or judgment that truly reflects the extent of your suffering and financial loss.
Dealing with Insurance Companies After a Pedestrian Accident
The moment an accident occurs, insurance companies often jump into action. While they claim to only want to assist you, their ultimate goal is typically to minimize payouts. Below are strategies to help you protect yourself and your claim:
Notify Your Insurer
Contact your own auto insurance provider (if you have one) even though you were on foot. Some policies include personal injury protection (PIP) that covers medical bills up to a limit. Also, let them know you may have a claim against an at-fault driver’s policy.
Limited Disclosure
An adjuster may ask for detailed or recorded statements early on. It’s best to provide basic facts only: where and when the accident occurred and who was involved. You can politely decline to give a recorded statement without first speaking to a lawyer. Any small comment, like “I didn’t see the car coming,” might be twisted to suggest you were careless.
Don’t Sign Without Counsel
Insurance adjusters might offer a quick settlement or present you with medical release forms. Resist signing anything before consulting a West Jordan pedestrian accident lawyer. Quick settlements seldom reflect the full scope of your losses, especially if you’re still undergoing medical evaluations. Broad melease forms could give insurers access to your entire medical history, potentially used to claim a preexisting injury.
Gather Evidence of Damages
Keep medical bills, prescription receipts, and a log of missed workdays. If you face emotional challenges, nightmares, anxiety about crossing streets, document these experiences as well. Insurance companies like concrete proof of damages; thorough records strengthen your case.
Be Aware of Lowball Tactics
Adjusters might understate the seriousness of your injuries or claim your medical treatments were unnecessary. They could also blame you for crossing improperly. Knowing Utah’s pedestrian laws and having strong evidence can help refute such assertions.
Comparative Fault Claims
Insurers often attempt to argue that the pedestrian shares some blame, particularly if you crossed mid-block or weren’t in a marked crosswalk. Utah law reduces your compensation by your percentage of fault if it’s below 50%, and bars it if you’re 50% or more at fault. Contending claims that push disproportionate blame onto you is crucial.
Consider Attorney Guidance
A local lawyer understands West Jordan’s roads and typical defense arguments. By reviewing accident reports, witness statements, and relevant traffic laws, your attorney can negotiate with insurers from a position of strength. They’ll also be ready to take the case to court if a fair settlement proves elusive.
While dealing with insurance companies can be overwhelming, especially if you’re still healing, you don’t have to face these hurdles alone. Engaging an experienced pedestrian accident attorney can even the playing field, ensuring your voice is heard and you receive the compensation you deserve.
How Our Firm Assists Pedestrian Accident Victims in West Jordan
At Flickinger Boulton Robson Weeks, we know how life-altering a pedestrian accident can be, particularly in a lively city like West Jordan. Our goal is twofold: alleviate your stress by handling the legal aspects and pursue fair compensation for the losses you’ve endured. Below is how we typically support clients:
- Personalized Consultations: We take time to hear your story, assess how the accident happened, and discuss your medical treatment status. Understanding the unique details of your situation helps us form the best plan of action. We’ll also answer any questions you have about Utah law or the claims process.
- Detailed Investigation: From gathering police reports and medical documents to interviewing witnesses and possibly consulting accident reconstruction specialists, we work to build a solid case. If a surveillance camera recorded the crash or if the driver’s phone usage data shows distracted driving, we’ll track it down and incorporate it into your claim.
- Strategic Negotiation: Insurance carriers are skilled at diminishing claims, but our team stands firm. We present compelling evidence of the driver’s negligence and the true extent of your injuries, medical costs, lost wages, pain and suffering, and more. Our history of successful outcomes, including multi-million-dollar results for serious injury and wrongful death claims, shows we’re not afraid of tough negotiations.
- Local Knowledge: Because we have offices in Utah and serve West Jordan specifically, we understand the local roads, intersections, and common accident hotspots. We also recognize how local courts and adjusters typically operate, giving you an edge in navigating the legal environment.
- Transparent Communication: Throughout your case, we keep you informed, whether it’s about an upcoming insurance meeting or new evidence that’s been discovered. Our approachable attorneys encourage questions and want you to feel empowered every step of the way.
- Litigation When Necessary: If insurers refuse to offer a just settlement, we won’t hesitate to file a lawsuit and represent you aggressively in court. That willingness to litigate often prompts better offers from defense teams who realize we’re determined to achieve a fair resolution.
By focusing on both legal skill and genuine empathy, we help West Jordan pedestrians regain their footing after an accident, so they can look toward the future with optimism.
Frequently Asked Questions About Pedestrian Accident Claims in West Jordan
