How Pedestrian Accident Compensation Works

Were you or a loved one struck by a vehicle while walking and want to know how pedestrian accident compensation works in Utah? The experienced attorneys at Swenson & Shelley have got you covered. Contact our office today to schedule a free consultation and get started on your path to recovery.

How Pedestrian Accident Compensation Works | Shared Fault

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:

1. 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.
2. 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.
3. 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.

It is extremely unlikely that you will be in the third category and we will work hard to keep you out of the second one.

How Pedestrian Accident Compensation Works | Recorded Statements

Very shortly after the accident, possibly while you’re still at the hospital on pain medication, the insurance company for the driver who hit you will try to get a hold of you. They will most likely call you and ask you for a recorded statement. You have no legal obligation to give them a statement. In fact, it is a bad idea to give them a statement. What you can tell them on the phone is that it was indeed you who was hit by their driver. Beyond that, anything you say will be used against you if they can twist it in a way that makes their insured seem less responsible for your injuries. Tell the insurance company to contact your attorney if they have any questions. Even be wary of them when they ask how you are. If you are polite and say, “I’m okay,” they can use that answer against you. Just hand them off to your attorney right away before they get a chance to ruin your case.

As soon as you are able to, we highly suggest calling our office to set up a free initial consultation with our experienced Utah pedestrian accident attorneys. We will take you through every phase of the pedestrian accident claim and guide you through it so that you fully understand what you are up against and what to expect.

Author: Swenson & Shelley PLLC

Kevin Swenson was raised in Bountiful, Utah, and is a co-founding partner of Swenson & Shelley. After graduating from Bountiful High School, Kevin attended business school at Westminster College.