Using An Experienced Pedestrian Accident Lawyer In Nampa
Updated August 2020
It is easy to assume the driver of a car is always at fault in a collision with a pedestrian. Routinely, drivers ignore crosswalks and marked intersections.
However, defendants may allege that you were jaywalking, did not give a driver 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 there is no avenue for recovery, we examine every possible source of compensation that less-experienced attorneys might not even consider, ensuring you do not miss out on anything you deserve.
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 our clients get the money they need for economic and non-economic losses.
Contact a Nampa pedestrian accident lawyer today for free consultations, and let us help you win your case.
Are you still unsure if you need help from a personal injury lawyer experienced with car accidents in your case? Find out more about why using an experienced attorney can be a good choice in today’s article.
How A Pedestrian Accident Lawyer Could Help
It is 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 does not stop many drivers from ignoring these laws 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.
Common Types Of Pedestrian Accidents
Our lawyers at Skaug Law help victims in many different pedestrian accident cases. This includes accidents involving:
- Parking lots
- Loading docks
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.
Legal Protections For Pedestrians
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.
Understanding Liability And Negligence
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.
Deadline To File A Claim In Nampa
A seasoned pedestrian accident attorney in Nampa can also help ensure your lawsuit is filed on time. Idaho Statute §5-219 states that victims in personal injury cases have only two years from the date of injury to file a lawsuit.
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.
FAQs About Pedestrian Accident Lawyers
What Is A Pedestrian Accident Lawyer?
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.
Legally, What Differentiates A Pedestrian From A Passenger?
A passenger is someone who rides inside a vehicle but they are not operating the vehicle. A pedestrian is someone who is traveling on foot and is not inside a vehicle.
What Will Be The Legal Consequences If I Hit A Pedestrian?
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:
- Hit-and-run if you leave the scene
- DUI/DWI if you were intoxicated or under the influence of a substance
- Vehicular or involuntary manslaughter if there is a resulting pedestrian death
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.
Is It A Crime To Almost Hit A Pedestrian?
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.
Can You Get In Trouble For Hitting A Pedestrian When Driving, Even If The Pedestrian Crossed Illegally?
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.
How Do You Deal With Hitting A Pedestrian?
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:
- Pull over, stop your car, and call emergency services.
- See if anyone needs help; do not move any injured pedestrians unless instructed to do so by emergency officials.
- Give your statement to the police on the scene.
- Exchange contact information with other involved parties if possible.
- Take photos of the scene, if permitted.
- Do not admit or acknowledge any fault at this time.
- Speak to a lawyer as soon as possible.
- Contact your insurance company to let them know about your incident; provide any statements or documentation you have.
- Speak to a licensed professional if you need help coping with the accident.
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.
Get Help From Experienced Personal Injury Lawyers
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.