Layton Pedestrian Accident Lawyer
On average, about 30 pedestrians are killed when struck by motor vehicles and more than 780 more suffer injuries each year in Utah. When drivers strike pedestrians, there is a high chance of catastrophic or fatal injuries. Most pedestrian accidents occur within crosswalks and are simply the fault of driver inattention. In Utah, pedestrians have the right of way at marked and unmarked crosswalks but should yield to traffic where no crosswalk exists. If you’ve been injured in a pedestrian accident, contact a qualified Layton pedestrian accident lawyer at Feller & Wendt, LLC™ today.
Causes of Pedestrian Accidents in Layton
A majority of Pedestrian accidents take place within crosswalks and are predominantly caused by driver distraction. In Utah, pedestrians are given the right of way at both marked and unmarked crosswalks, although they are expected to yield to oncoming traffic in areas without crosswalks.
If you have been a victim of a pedestrian accident, it’s crucial to seek the guidance of a seasoned Layton pedestrian accident attorney at Feller & Wendt for an overview of your best legal options.
We handle pedestrian accidents caused by the following elements:
- Distracted Driving: This includes driving activities that take attention away from the road, such as texting, changing music, using apps, or eating. Distractions diminish a driver’s ability to notice pedestrians, especially at crosswalks and intersections.
- Speeding: Driving over the enforced speed limit or too fast for road conditions diminishes a driver’s reaction time and increases stopping distance. High-speed impacts with pedestrians are more likely to result in severe injuries or fatalities.
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- Failure to Yield Right of Way: Many pedestrian accidents occur when drivers fail to give way at crosswalks or intersections, particularly when turning right on red lights or making left-hand turns through pedestrian crossings.
- Impaired Driving: Alcohol or drug use impairs a driver’s judgment, coordination, and reaction times, making it harder to respond appropriately to pedestrian movements and traffic signals.
- Ignoring Traffic Signals: Drivers who run red lights or ignore stop signs can strike pedestrians crossing legally. Intersections are particularly dangerous when drivers disregard traffic controls.
- Driver Aggression or Recklessness: Aggressive maneuvers, such as speeding through crowded areas, not respecting pedestrian zones, or engaging in road rage behaviors, significantly increase the risk of hitting pedestrians.
- Improperly Marked Crosswalks: Crosswalks that are poorly marked, inadequately lit, or obscured by parked cars can lead to confusion and accidents, as drivers may not anticipate pedestrian crossings.
- Road Design Flaws: Roads lacking pedestrian pathways, confusing signage, or poorly timed pedestrian crossing lights can create hazardous conditions for foot traffic.
Given that pedestrians typically possess the right-of-way, and drivers are expected to follow a higher standard of care on the road, an injured pedestrian typically has grounds to seek legal action against a driver whose negligence leads to harm in an accident. According to Utah’s traffic regulations, it is the driver’s responsibility to consistently exercise caution to avert accidents with pedestrians under all circumstances.
What to Do After a Pedestrian Accident in Layton, UT
The first thing an injured pedestrian should do after an accident is to seek medical attention. Many pedestrian accidents cause catastrophic injuries, and paramedics will transport an injured pedestrian to a nearby emergency room for medical treatment. However, some pedestrians may think they are well enough to continue on their way after an accident. This is a bad idea for two reasons: any delay in seeking medical attention could allow an injury to worsen, even without noticeable symptoms, and a delay in seeking treatment will also hurt a future lawsuit. The jury will assume that since the plaintiff did not promptly seek treatment, his or her injuries are not as severe as claimed. Once the necessary medical treatment has been administered following the accident, the victim should then speak with a Layton car accident lawyer to learn about the legal options available to him or her.
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Can I Sue for a Pedestrian Accident in Utah?
Since pedestrians almost always have the right-of-way, and drivers have a higher duty of care while driving, an injured pedestrian can almost always file a lawsuit against a negligent driver who causes damages in the event of an accident. Utah traffic laws state that a driver must always exercise due care to prevent collisions with pedestrians in any circumstances.
Success in a pedestrian accident lawsuit hinges on proving the defendant’s negligence. In cases involving drivers who strike pedestrians, this is quite clear. There are four basic elements of negligence a plaintiff must prove in court to succeed with a personal injury claim. First, the plaintiff must prove that the defendant owed a duty of care in the given situation. For pedestrian accident cases, this is readily apparent. Next, the plaintiff has to show how the defendant breached the duty of care for the situation. Any driver who strikes a pedestrian in Utah violates his or her duty of care to prevent injuries to pedestrians. Contact a knowledgeable Layton pedestrian accident lawyer for more information regarding proving liability in pedestrian accident cases.
Compensation for Injured Layton Pedestrians
Pedestrians who succeed in their personal injury lawsuits against negligent drivers can secure compensation for economic as well as non-economic damages. Economic damages may include hospital bills, emergency transportation costs, any costs of long-term medical treatments, repair or replacement costs for a vehicle or personal property, and any other damages provable with documented evidence. Non-economic damages refer to things such as mental and emotional anguish, which are difficult to quantify. The jury reviewing the case will assess the plaintiff’s level of mental and emotional anguish and consider expert witness testimony to decide an appropriate figure.
It’s important to note that Utah follows a contributory negligence law, meaning plaintiffs who are partially at fault for their damages can still collect compensation as long as they are 50% or less at fault. In a pedestrian accident lawsuit, an injured pedestrian who did not cross at a crosswalk and did not look before crossing could absorb a portion of the liability for the accident, but the higher duty of care still rests with the driver. Pedestrians can be at fault in an accident – if this is the case, he or she will lose a portion of the settlement or case award equal to his or her percentage of fault in the incident.
How to Prove Liability in a Layton Pedestrian Accident
A successful resolution in a pedestrian accident lawsuit relies heavily on establishing the negligence of the opposing party. In incidents where drivers hit pedestrians, demonstrating this negligence may be challenging without the legal guidance of a Layton pedestrian accident lawyer at Feller & Wendt.
The following are the necessary elements required to prove liability in a pedestrian accident claim:
- Duty of Care: Your pedestrian accident lawyer must first establish that the opposing party had a duty of care in the specific situation. In pedestrian accident cases, this typically refers to the motorist’s responsibility to operate their vehicle safely and be mindful of pedestrians.
- Breach of Duty: The next step is to demonstrate how the opposing party breached a duty of care. In Utah, a driver hitting a pedestrian generally constitutes a violation of their responsibility to prevent harm to pedestrians.
- Causation: It must be shown that the opposing party’s breach of duty directly caused the pedestrian accident and the resulting injuries. This means linking the driver’s actions or inactions to the incident.
- Damages: Finally, your Layton pedestrian accident lawyer needs to prove you suffered economic and non-economic damages due to the accident, including physical injuries, medical expenses, lost wages, and emotional distress.
For more specific guidance on proving these elements in a pedestrian accident case, consulting with a knowledgeable Layton pedestrian accident attorney in Layton is highly recommended to increase your chances of success in obtaining the full compensation you deserve.
Protect Your Rights and Hire a Layton Pedestrian Accident Attorney
If you or a loved one recently suffered injuries in a pedestrian accident in the Layton, Utah area, call Feller & Wendt, LLC™ at 801.499.5060 today to schedule a free consultation. One of our Layton pedestrian accident attorneys will meet with you to review your claim and let you know what type of compensation you can expect from a lawsuit.
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