It’s the default thinking to assume the driver of a car is always at fault in a collision with a pedestrian. The thought process is – Cars are dangerous and Pedestrians should ALWAYS get the right of way.
That may be common thinking but proving the responsibilty of fault is a very important part of any accident case and it’s just as important if you were hit by a car while walking. For example, the driver may allege that you were jaywalking, didn’t give them enough time to react, or were wearing dark clothing at night, which made it impossible for the driver to see you.
Even if you think you’re at fault and there is no avenue for recovery – Call Us! We have decades of experience and can examine every possible source of compensation that less-experienced attorneys might not even consider, ensuring you do not miss out.
Contact our Nampa pedestrian accident lawyer today for some FREE legal advice, and let us help you win your case.
We use independent investigators and specialists to determine exactly how the accident happened to get you the compensation you need. Our firm has a successful record of finding ways to help clients, like you, get the money they need for their losses.
It’s an all too common occurrence for a car, truck, or motorcycle to strike a pedestrian who is doing nothing more than strolling down the sidewalk.
The law provides special protection to pedestrians. Drivers must yield to any pedestrian who is attempting to use a crosswalk or crossing the street when a traffic light gives them the go-ahead.
However, this doesn’t stop some drivers from ignoring these laws or driving while distracted and placing pedestrians in danger.
If you or a loved one were injured by a motor vehicle while on foot, you may be eligible to recover significant compensation for the pedestrian injury.
A Nampa pedestrian accident lawyer can explain your legal rights, conduct an investigation into the incident, and pursue your claims for the maximum amount of compensation available.
Call our office today to speak to our skilled personal injury attorneys. You can call us 24 hours a day, seven days a week. We have the experience, skills, and resources to fight aggressively against the full power of the big insurance companies.
In some cases, pedestrian fatalities may occur. Our lawyers are also experienced with the wrongful death aspect of personal injury law, so they can assist with these traumatic cases as well.
Every time a motorist gets on the road, they must yield to all pedestrians to protect them from harm.
Idaho Statute §49-702 states drivers must yield to a pedestrian in a crosswalk even when there are no traffic control signals or no present signals are in operation.
The at-fault driver may be negligent for the collision. This concept allows courts to assume that a defendant is at fault in a case when they break a rule of the road.
A Nampa pedestrian accident lawyer can fight to prove the defendant’s negligence to recover compensation for your injuries.
All drivers assume a duty whenever they get behind the wheel. This duty means they should drive in a responsible manner that does not place others at any unnecessary risk or harm.
While most people understand this concept to apply towards other drivers or their passengers, this duty extends to everyone.
Pedestrians have the same right to be kept safe as all other individuals on the road. If a driver hits a pedestrian, a Nampa pedestrian accident lawyer can hold them liable in court and the driver may be required to pay you compensation.
A pedestrian accident lawyer is a personal injury lawyer who is familiar with traffic laws and has experience with the types of compensation to pursue when a pedestrian is struck through the negligence or misconduct of a driver. These lawyers work to ensure injured pedestrians get the support and help they need to file a claim for their injuries.
If you hit a pedestrian and are found to be at-fault by the police and/or by the insurance companies, you may be legally responsible for paying the associated fees and medical bills of the pedestrian for their injury. What you may be charged with depends on what happens and how you react to the incident.
It is important to remember that you should never flee the scene, no matter how bad things are. Fleeing the scene will automatically put you up for a hit-and-run felony.
You could be charged with the following crimes for hitting a pedestrian:
If the police believe you were acting with great recklessness or under the influence, you may be charged with a crime such as reckless endangerment or a DUI.
If the pedestrian involved in the car accident dies as a result of your actions, there is a chance you will be charged with involuntary manslaughter if your actions constitute gross negligence. For vehicular manslaughter, the driver may only be charged with this crime if they were incredibly reckless.
Regardless of what crimes you might or might not be charged for hitting a pedestrian, you must stay on the scene and administer assistance as requested by emergency personnel. Give a truthful statement to the police on-site, and exchange basic contact information with the other party if possible.
Then, contact a lawyer for representation moving forward. Even if you are okay with accepting fault, it is important to have a lawyer on your side.
No; it is unlikely that you will get any type of ticket for almost hitting a pedestrian. As long as you do not hurt or injure someone or cause other types of damage, there aren’t any offenses that could be raised against you.
Yes; you can get in trouble for hitting a pedestrian when driving even if the pedestrian crossed the road illegally.
In Idaho, the laws about fault and responsibility for car and pedestrian accidents are built on the idea of a comparative fault system. This system is used in personal injury lawsuits in Idaho. Essentially, the law says each party is held responsible for damages as much as the situation was their fault.
If the driver is considered to be 25% responsible and the pedestrian is considered to be 75% responsible, each party would be responsible for that percentage of damages. If the plaintiff in a personal injury case is found to be responsible for more than 50% of the incident, they cannot recover any additional damages.
If a pedestrian crossed illegally but safely and a driver hit them because they were being reckless, the fault is likely to fall to the driver. If, however, a pedestrian crossed illegally and in a way that made the situation unavoidable for the driver, the pedestrian may be found to be at-fault for the incident.
If you hit a pedestrian, you might be at a loss for what to do next. This is a traumatic experience, especially when it was an accident or you have never dealt with this type of car accident before.
Here is what you should do to make it through this situation:
From there, the situation will develop naturally depending on how faults, liability, and claims are processed. Your insurance company may handle the entire situation, but you might also want to ensure you have a personal injury lawyer available to help answer any questions you have about the proceedings.
Yes! Idaho Statute §5-219 states that victims in personal injury cases have only two years from the date of injury to file a lawsuit. A seasoned pedestrian accident attorney in can also help ensure your lawsuit is filed on time.
Injured individuals should act quickly and seek help from our dedicated lawyers to preserve your rights following an accident. Through a claim, you can seek compensation for medical bills, pain and suffering, and damages.
Having a compassionate, experienced personal injury lawyer on your side for pedestrian accident cases is a great way to ensure your case goes smoothly. Regardless of how the incident happened, a great team of attorneys can ensure that injured pedestrians are given fair consideration and due compensation as needed.
To learn more about what services are available to you, call us at Skaug Law for a free consultation. We are familiar with traffic laws surrounding pedestrian incidents, and we are ready to help you seek compensation.
The post Using An Experienced Pedestrian Accident Lawyer In Nampa appeared first on Skaug Law Idaho's Injury Lawyers.
Serving the Nampa, ID area, Skaug Law Idaho's Injury Lawyers specializes in personal injury and workers' compensation legal services. Payment arrangements on a case-by-case basis. Complimentary initial consultations. Emergency and same-day consultations. Call us today.
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