Rexburg Crosswalk Accident Lawyer
Dedicated Rexburg Crosswalk Accident Attorneys
By definition, the crosswalk seems to be the safest place for pedestrians trying to cross a street. However, crosswalk accidents are still more common than you may assume, until you become a victim. In an instant, you could suffer devastating injuries that lead to astronomical medical bills. You may also be out of work for some time, losing income that you so desperately need during these difficult times. Of course, there is the agonizing pain and suffering that you experience as you try to return to health. Fortunately, Idaho law allows you to recover compensation for these losses, but you may not know where to begin with filing a claim.
Our experienced Rexburg crosswalk accident lawyers at Hansen Injury Law are here to help you navigate the complex claims process and obtain compensation from the party responsible for your injuries. We are dedicated to assisting crosswalk accident victims, whether in settlement negotiations with dealing stingy insurance companies or fighting for your rights in court. Our attorneys have been serving clients in Rexburg, ID, Madison County, and throughout Idaho for years, so you have peace of mind knowing you will get the highest financial recovery allowable by law.
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Pursue the Party Responsible for Your Injuries
Though every crosswalk accident is different, there are certain similarities these cases share with other personal injury claims based upon negligence. It is necessary to prove four essential elements.
- Duty: You must establish that the responsible party had a duty to exercise reasonable care and not cause harm to others. In a crosswalk incident, the duty is to operate a vehicle in a safe manner.
- Breach: It is also necessary to prove that the responsible driver breached the duty of care, such as by violating Idaho’s rules of the road. Examples might be running a stop sign or red light, speeding, failure to yield, or being impaired by drugs or alcohol.
- Causation: There must be a link between the breach of duty and your crosswalk accident injuries, such that the incident would not have occurred but for the responsible party’s negligent actions.
- Damages: You must demonstrate that you experienced losses from the injuries you suffer due to the responsible driver’s negligence.
Crosswalk Accidents by the Numbers
The statistics on crosswalk accidents is noteworthy because it shows the frequency of these incidents as a subset of pedestrian accidents as a whole. The data is also useful in demonstrating how pedestrians using a crosswalk can be a factor due to their own actions. For instance:
- In an average year, around 1,700 crosswalk users died at intersections or roadways where there was no safe passage provided;
- Approximately 1,400 pedestrians are killed every year at locations where a crosswalk was marked, but the victim was not using it properly;
- Even proper use is not a guarantee of safety, as more than 500 people are killed every year while within the marked passage;
- Crosswalk users under age 16 and over age 45 are most at risk for being struck by a vehicle; and,
- The most hazardous time of day to be using a crosswalk is from 8 p.m. to 4 a.m., especially on weekends. This timeframe coincides with a period that many drivers are not looking out for pedestrians, or are impaired by drugs or alcohol.
Seek the Compensation You Deserve
If you are successful in proving all elements of a cause of action for a crosswalk accident, you may be entitled to monetary compensation in the form of damages. The legal concept of damages covers all types of losses related to your injuries, which may be economic or non-economic in nature.
- Economic damages are those losses which are objective and can be verified by documentation. They include:
- Medical expenses related to treatment of your injuries, such as emergency or urgent care, surgery, rehabilitative treatment, physical therapy, and related costs.
- Lost wages representing the income you would have earned had the crosswalk accident not happened.
- Non-economic damages may not come in the form of receipts, invoices, or paystubs, but you no doubt suffer tremendously after being in an accident. You may be entitled to recover for:
- Pain and suffering, which could range from minor discomfort to severe agony;
- Losses based upon your personal relationships, such as those with your spouse, children, and other loved ones.
Limitations in Crosswalk Accident Claims
Under Idaho law, there may be some restrictions on your ability to recover compensation for your losses. Our crosswalk accident lawyers can tell you more about:
- Statute of Limitations: Idaho has enacted a statute of limitations on personal injury claims, including crosswalk and pedestrian accidents. You have two years from the date of the incident to file a lawsuit, or you are forever barred from suing the responsible driver.
- Comparative Negligence: The state of Idaho follows comparative negligence theory when it comes to the impact a victim’s own actions may have on his or her injuries. Under the law, you can only recover compensation for your losses if you were less than 50 percent blameworthy for the crosswalk accident. If your conduct contributed to your injuries, your compensation is reduced by the percentage attributable to your own conduct. Jaywalking or attempting to cross against a traffic light are examples of comparative negligence that could lower your financial recovery.
- Statutory Cap on Non-Economic Damages: Idaho is one of many US states that has enacted legislation limiting the amount you can recover for non-economic damages. The statutory cap is $250,000, plus the annual living wage amount as adjusted annually by the Idaho Industrial Commission. Through June 30, 2018, that amount is $345,351.04.
Discuss Your Legal Options with a Crosswalk Accident Attorney in Rexburg
Crosswalk accidents may be complicated, especially since the conduct of the victim could reduce or act as a bar to recovery under Idaho law. If you were injured as a pedestrian in a crosswalk in Rexburg, ID, please contact attorneys at Hansen Injury Law today to schedule a free consultation. We serve clients in Rexburg and throughout Madison County from our offices in Meridian and Boise, ID.