THE IDAHO PEDESTRIAN
ACCIDENT LAWYERS

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5 FACTORS THAT INFLUENCE A PEDESTRIAN ACCIDENT

Distracted Driving

Distracted driving includes a range of activities while driving—even eating. Drivers can’t text while driving according to Idaho state law, but experienced drivers can talk on the phone legally in most Idaho cities, as of 2018. Even if an activity doesn’t have a specific law against it, though, Idaho police can use their judgment to cite distracted drivers with various traffic offenses.

DUI

According to the FBI, the year 2010 saw over 1.41 million drivers arrested for drunk driving in the US. With statistics like this, you don’t want to leave a Breathalyzer test to chance. Request the police to perform a test on the drunk driver, in order to solidify your case.

Speeding

Were you hit by someone driving past the speed limit? Then you could hold him or her liable for your resulting injuries. Your personal injury attorney can help you in this regard.

Intersection

Failing to yield or stop at an intersection is one way that drivers cause pedestrian accidents.

Crosswalk

Failing to look to make sure a crosswalk is clear before turning could also cause an accident for which the driver could be found at fault.

* While these are not the only factors influencing a pedestrian accident case, these are commonly considered.

Who is to blame?

01

Reckless or inattentive drivers are clearly in the wrong.

In many pedestrian accidents, the driver shares at least part of the blame. Drivers have a duty to drive safely and avoid collisions even when pedestrians may be jaywalking or not following the law to the letter.

02

Fault is divided proportionally according to Idaho law, since Idaho is a comparative liability state.

For example, if you were jaywalking across a quiet city street with a 30 MPH speed limit and were struck by a driver coming around a corner at 60 MPH, that driver would likely be found mostly responsible for the accident.

One piece of good news is that the law gives you the right to receive full compensation from the driver who was at fault for your injuries.

what can you recover from an accident?

01

Accident-Related Expenses

The typical severity of injuries after a pedestrian accident means it’s even more important to make sure you receive full compensation for accident-related expenses. Such expenses may include some or all of these:

Table 1 Table 2 Table 3
AMBULANCE
BILLS
EMERGENCY
MEDICAL CARE
FOLLOW-UP
MEDICAL
TREATMENT
Table 4 Table 5 Table 6
RECONSTRUCTIVE
SURGERY
LOST WAGES COMPENSATION
FOR DISABILITIES

02

Additional Compensation

While you may be overwhelmed by medical bills, along with trying to pay your usual bills while out of work, it’s important not to accept a settlement offer too quickly after an accident. These settlement offers usually require that you give up the right to seek additional compensation. Therefore, before you sign a settlement agreement, you must be entirely sure that: you will need no further medical treatment and will be able to fully return to work, or the extent of your injuries and future costs is fully known.

How can you recover from an accident?

01

Get Medical Treatment

It’s essential to seek medical attention as soon as possible after an accident, even if you believe that you aren’t seriously injured. Waiting on this will only complicate your case, since insurance adjusters tend to assume that you weren’t seriously hurt if you failed to seek immediate medical attention.

Document the Costs

You will need to work with medical professionals to document your injuries and your current and projected costs. During this process, you must remember that you have an absolute right to reject or negotiate any offer from the insurance company until you are sure that you are being fully compensated.

02

Hire a Lawyer

Litster Frost Injury Lawyers can guide you through the claims process and help you to review any offers. If the insurance company decides to treat you unfairly, our experienced trial attorneys will make sure you have your day in court. Throughout the process, there is no risk or obligation to you. We do not take a fee unless you recover. Schedule an appointment now to learn more and find out what you’re entitled to.

03

04

File an Insurance Claim

To receive compensation, you must bring a claim against the responsible driver and his or her insurance company. In some cases, the city or town could be found at fault for a pedestrian accident, depending on the layout of the location or the condition of any traffic devices present. An experienced personal injury attorney can help determine who to file a claim against.

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HIT-AND-RUN
ACCIDENTS

Your compensation depends on obtaining a police report, gathering as much evidence as possible, and hiring an attorney. The goal is to file a lawsuit against the driver and/or owner of the vehicle.

 

But what if the driver remains unidentified? Idaho’s victim compensation program will provide financial help if you are eligible. Otherwise, Personal Injury Protection or Uninsured Motorist coverage by your own insurance could be possible.