Are you eligible to file a pedestrian accident claim even if you were jaywalking when the vehicle struck you? In many pedestrian injury cases, we find that there is shared fault on both sides. Here are a few examples of pedestrian accident claims and how compensation works in Utah.
Examples of Pedestrian Accident Claims | How Compensation Works
If you want a fair shot at getting full compensation, you must bring your claim or settle it in court no more than four years after the date of your pedestrian accident. Here are a few incidents that explain how Utah’s shared fault rules work:
- You were walking in a cross walk and a car blew a red light and hit you. You are not at fault for this accident and are eligible for 100% of your compensation award.
- You were walking in a cross walk and looked at your phone right before someone blew through a red light and hit you. You may be found to be 20% at fault for the accident and your compensation award will be reduced by 20% to account for your role in causing the accident.
- You were crossing the road when the light was green and didn’t look up from your phone and you got hit by a car who couldn’t stop in time to avoid hitting you. You would not be eligible for compensation because you were 100% at fault for the accident.
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Examples of Pedestrian Accident Claims | Hit and Run
If you’re hit as a pedestrian and the other vehicle flees the scene, you still have a claim in the state of Utah. It does create some tricky issues on identifying the vehicle and tracking down the proper insurance which can be a little complicated. We recommend that you contact an attorney and talk to them about the details of how to pursue such a claim.
If you have been struck by a vehicle and are left seriously injured, please call the Utah pedestrian accident attorneys at Swenson & Shelley today to schedule a free consultation.