Pedestrian accidents are often extremely dangerous and tragically fatal. A pedestrian is struck and killed by a vehicle once every 88 minutes. In 2017 alone, more than 5,900 people died as a result of pedestrian accidents. Sadly, many of these accidents result in permanent disability, and some drivers make the heinous decision to leave the scene of the accident. In Idaho, Wyoming, and Utah, hit and run accidents are a felony. If that accident results in bodily injury or homicide, the perpetrator is criminally charged. The lawyers at Rocky Mountain Personal Injury Center exclusively represent plaintiffs in personal injury cases, including pedestrian accidents. While no one ever thinks it could happen to them, it is important to seek help after a pedestrian accident.
Causes of Pedestrian Accidents
Many vehicular accidents involving pedestrians occur at night time, or in bad weather, such as rain or snow. Unfortunately, even if a pedestrian is wearing brightly colored clothing and walking on the sidewalk, a vehicle can veer across the shoulder and strike the pedestrian. Depending on the force of impact and speed of the vehicle, the person struck can be rendered disabled or worse. Another cause of pedestrian accidents is illegal use of a cellular device. If the driver was talking or texting on a cell phone moments before the accident, their eyes were not focused and they could have driven out of the traffic lanes. The driver may have been intoxicated or using drugs while driving and lacked motor control.
In other cases, the pedestrian may have been walking in the road, wearing dark clothing, intoxicated themselves, or using a cell phone while walking. Sometimes, a pedestrian jay-walking on a busy highway can put themselves in danger and end up in a vehicle collision. Because there are many causes, and in some cases the pedestrian may have been negligent as well, it is important to hire an attorney to conduct proper fact-finding and discovery. This allows you to prepare the most effective case.
Defendant Liability and Potential Damages for the Plaintiff
Even if you were negligent, Utah, Wyoming, and Idaho courts utilize the doctrine of comparative negligence. This means that if the court finds that you were more than 50% negligent as a proximate cause of the accident, you cannot recover from the defendant. However, if you were less than 50% negligent, you can recover damages based on the percentage your negligence was not a proximate cause. For example, if the court finds that as a result of your actions, you were 10% negligent in the accident, you could recover 90% in damages from the defendant. Because a few decimal points can make the difference between recovery and no relief whatsoever, it is crucial to hire skilled counsel. All our attorneys at Rocky Mountain Personal Injury Center are knowledgeable litigators that work hard to ensure you will recover compensation for your damages.
Defendants incur criminal liability if they leave the scene of an accident or fatally strike a pedestrian and do not remain at the scene. If the defendant was impaired at the time of the incident, they are charged with driving under the influence, various moving violations and possibly vehicular manslaughter. Vehicular manslaughter is a felony in Utah, resulting in a 15-year prison sentence. Similarly, in Idaho, drivers face 15 years for felony manslaughter. Criminal charges brought against the defendant are distinct from civil liability, but speak to the negligence of the defendant.
Contact Rocky Mountain Personal Injury Center for a Consultation
If you or a family member were traumatically injured, or suffered even more permanent injuries, please call us today. Our attorneys will work with you to glean all relevant facts and prepare the strongest case on your behalf. The first consultation is free, and we are licensed to practice in Wyoming, Utah, and Idaho. Schedule a consultation today to discuss your case and potential options for relief.
