Utah Pedestrian Accident Guide
If you have been struck by a vehicle while walking, you may be facing problems both physical and financial. The Utah Pedestrian Accident Guide was created by Swenson & Shelley Injury Attorneys to help victims obtain maximum compensation for their injuries.
You probably have walked at least a little bit outside every single day of your life. You most likely do not think much about it when you do. It is the cheapest form of transportation and sometimes a necessary way to get around. We often do not consider the danger that comes with being a pedestrian when there are vehicles on the road. If you are here, you have probably been involved in a pedestrian accident. We first want to say how sorry we are that that happened to you. It is truly unfortunate and your injuries may be extensive because someone was careless. After you read a little bit about your pedestrian accident case, please do not hesitate to give our Utah pedestrian accident attorney today to set up a free initial case evaluation. Here are some of the most important things you should know about your case.
Important Things to Do After the Accident
Immediately after the accident, it might be next to impossible to think about anything but your condition. These accidents can be catastrophic and cause life-altering injuries for those victims. Sometimes people lose consciousness and get swept away in the ambulance to the emergency room. Other times, you’re able to get up and walk away from these accidents. Regardless of what end of the spectrum you are at, you need to get to a doctor as soon as possible. You need to have every injury, big or small, checked out by a medical professional. You should never ignore pain. It is a signal that something is wrong.
If you are able to stay on the scene for a few moments, there are few things that you don’t want to leave without. If you can’t personally do this, call on a friend or family member to help you. Your attorney may even be able to come on the scene to help with this. You need to collect evidence in forms of photos and videos. Anything that you think is important probably is. You should also get witnesses’ contact information as well as insurance information from the liable party. You will be able to call on the witnesses to help strengthen your case later on. The police hopefully called on the scene should also get a report about the incident filed and that will help you with your case as well.
When the Insurance Company Tries to Contact You
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.
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.
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.