Emmett Pedestrian Accident Lawyer
Those who walk in areas where cars are present–which, with the exception of vehicle-free trails, is almost everywhere in Emmett and surrounding areas–are always at risk of being involved in a pedestrian accident, regardless of how safe they are being. At crosswalks, in parking lots, and when passing driveways, pedestrians are at risk of being hit by drivers who aren’t paying attention. In the most shocking of cases, a pedestrian may even be hit when they are on the sidewalk or another area where vehicles should never travel.
If you have been involved in a pedestrian crash, our pedestrian accident lawyers in Emmett are here to represent you. Do not hesitate to contact the offices of Hansen Injury Law for your free consultation today.
Who Pays for a Pedestrian’s Injuries?
In Idaho, those who cause injuries to others are responsible for paying for them. When an accident involving a pedestrian and a motor vehicle occurs, the pedestrian will most likely recover compensation by filing a claim with the driver’s liability insurance. It is very important that you notify the insurance company of the accident and the injuries you have suffered within a timely manner in order to preserve your right to damages.
Pedestrians can negotiate their claims in order to recover the full extent of damages that they deserve, including compensation for their economic and noneconomic losses, like pain and suffering. In the event that an insurance adjuster denies or lowballs a claim, the pedestrian may have to bring their case to court in order to recover compensation.
Can a Pedestrian Be At-Fault for a Collision in a Crosswalk?
The idea that a pedestrian always has the right of way in a crosswalk is a misconception; even in a crosswalk, a pedestrian may be legally obligated to yield to an oncoming vehicle. In fact, if a pedestrian is crossing a road at a time when a traffic control device indicates that they do not have the right of way to do so, they may be found fully or partially at fault for their injuries.
Shared Fault Laws in Idaho
In the event that a pedestrian does contribute to their own injuries, i.e. leaving the curb and entering traffic without warning, walking while intoxicated or distracted, or failing to yield to traffic when required to do so, their claim will be subject to the state’s laws of comparative negligence. Comparative negligence holds that a plaintiff’s damages will be reduced in proportion to their degree of fault.
How to Prove Fault
A pedestrian who is injured in a crash will likely be coping with countless injuries, some of which may be serious and even life-threatening. Injuries may never fully heal, either, leaving the victim with damages for life. An assertion made by the insurance adjuster that a plaintiff is partially at fault for their injuries can be devastating, especially as that could mean a serious reduction in the amount of damages available.
At the law offices of Hansen Injury Law, our experienced pedestrian accident attorneys in Emmett know how to prove fault and negotiate to get you the compensation amount that you deserve. We gather all evidence related to your claim, including:
- Witness statements;
- Any video footage available;
- Police reports;
- Skid marks;
- Proof of damage to other objects nearby; and
- Medical reports.
Not only do we analyze and organize this evidence ourselves, but we also work with accident reconstruction experts who can help us to paint a picture of exactly how your accident occurred and who’s to blame. Our team will competently present this evidence to an insurance adjuster, making it hard to refute.
Don’t Accept an Initial Settlement Offer
One mistake that those who are injured in pedestrian crashes are at risk of making is accepting the first settlement offer that an insurance adjuster gives. Typically, claimants accept a settlement because they are both eager to settle the case and move forward with their lives, and because they are desperate for the money and convinced that this is the best they will get. However, first settlement offers are typically much lower than claimants deserve. You should reject the first offer, and hire an attorney who can help you to understand what your claim is worth and how to get it.
Contact Hansen Injury Law Today
If you are injured in a pedestrian accident, even if you think that the accident may have been partially your fault, you deserve to be compensated for your injuries. At the offices of Hansen Injury Law, our Emmett pedestrian accident attorneys are ready to work hard for you. To learn how we can help, please contact our law firm today for your free consultation.