Utah Pedestrian Accident Lawyers
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Utah Pedestrian Accident Lawyers: Standing Up for the Most Vulnerable People on the Road
Pedestrians have almost no protection when a vehicle hits them. There is no seatbelt, no airbag, no frame of steel between you and the impact, which is why pedestrian accidents tend to result in some of the most severe injuries we see. And despite being the most vulnerable person in the situation, pedestrians are often the first ones insurance companies try to blame. Adjusters look for any reason to shift fault, because the less responsibility the driver bears, the less they have to pay.
Creekside Legal represents pedestrian accident victims across Utah, and we know how to push back against that strategy. We investigate what actually happened, handle your medical bills, make sure you are getting the treatment your injuries require, and build a claim that reflects the true severity of what you have been through, including the long-term impact on your ability to work and live your life. Drivers and insurers need to be held accountable for the harm they caused, and we make sure that happens.
There is nothing to pay unless we win your case. And when we do, we take a smaller percentage than most Utah firms charge, because facing an injury this serious is already hard enough.
“Communicated clearly and consistently throughout the entire process. “
“Truly good caring individuals who were extremely professional and were capable of bringing the case to completion.”
– John D.
What Our Clients Are Saying
“Matt worked hard and fought for me to get the money I deserved back.”
“He also kept me updated on the case every step of the way!”
– Emily T.
“Having Matt on my legal team was the best decision I’ve made during this process.”
“He is truly a warm and caring person. I am grateful to know him and feel like he is now a friend. He has been by my side and fought vigorously for my best interest!!! I highly recommend this great man to help anyone!! Thanks Matt for all you have done. I am so grateful for you and appreciate the support given to me!! “
– Stacy H.
Our Utah Pedestrian Accident Injury Team
Matt Schmoldt
Lawyer
Jenny Hoppie
Lawyer
Tyler Tapp
VP of Legal
Annie Edwards
Senior Paralegal
Sandra Westwood
Paralegal
Why Work With Us?
Experienced & Dependable
With over three hundred five-star reviews, you can be confident that we will take care of you and your case.
Pay Nothing... Until We Win
We won’t let you pay us… until we win. We also take less of your settlement than other personal injury law firms.
Medical Bills & Treatment
We will help you with your medical bills. We also make sure that you get the right medical treatment.
Get A Larger Settlement
Studies show that injury settlements are larger when a personal injury lawyer is representing you.
Should I Hire a Utah Pedestrian Accident Lawyer?
Pedestrians are especially vulnerable when they are struck by a motor vehicle. Without the protections afforded to passengers in a vehicle, they often sustain severe, debilitating, or even catastrophic injuries.
Injured pedestrians can face a long road to recovery and be left with insurmountable medical expenses. Some may never completely recover from their injury and endure a significant amount of pain and suffering.
The Problem with Insurance Companies
If another party was careless and caused your injuries, they should be accountable for the damages they cause by providing you with compensation. However, obtaining that compensation isn’t easy.
Insurance companies will do everything they can to decrease the value of your claim or deny it altogether. It’s common for the driver who hit you and their insurance company to blame you for the accident.
The insurance company will use many tactics to avoid paying you what you deserve. They will try to contact you before you hire a Utah lawyer to pressure you to settle for much less than what your claim is worth. The adjuster assigned to your case will ask you for a recorded statement that they can use against you later. They can also find your social media accounts and use anything you post in their favor.
How a Utah Pedestrian Accident Attorney Can Help
How do you get the compensation you deserve? By hiring a Utah pedestrian accident lawyer right away. It’s crucial to be one step ahead of the insurance company by having legal representation from the start of your claim.
Your lawyer can:
- Begin an immediate and thorough investigation into your accident to determine how it happened and who should be held accountable
- Handle communications with the insurance company, so you don’t have to
- Pursue financial recovery from every liable party
- Protect you from allegations that the accident was somehow your fault
- Use medical, legal, and economic experts when necessary to prove the damages in your case
- Negotiate with the goal of a full and fair settlement offer
Statute of Limitations: Utah’s Time Limits for Pedestrian Accident Injury Claims
If you have been hit by a vehicle as a pedestrian in Utah, you generally have four years from the date of the accident to file a personal injury lawsuit. That timeframe can feel like a long way off when you are dealing with injuries and recovery, but waiting puts your case at a disadvantage. Evidence disappears, witnesses become harder to find, and details that matter to your claim get harder to prove the longer you wait.
There are exceptions that can change when this deadline starts or how much time you have. If the injured person is a minor, the clock generally does not start until they turn 18. If the injury was not immediately apparent, the deadline may not begin until the injury was discovered or reasonably should have been discovered. And if a government vehicle or entity was involved, the time limit is much shorter, often just one year.
These situations can be complicated, which is why it is best to talk to an attorney as soon as possible after your accident. Contact Creekside Legal for a free consultation, and let us make sure your claim is protected.
“Matt and his team did an excellent job, Matt was always in contact to inform me of any news about my case. “
“Matt was great to work with, I am more than happy with everything he did for me. HIGHLY RECOMMEND”
– Irma R.
Utah Pedestrian Accident FAQs
What should I do after a pedestrian accident in Utah?
After a pedestrian accident:
- Call the local law enforcement agency, ensuring that the responding officer creates an accident report
- Take pictures or videos of your injuries, the accident scene, property damage, the weather and road conditions, and the vehicle that hit you, including any damage it sustained
- Take pictures of the license plate of the party that hit you.
- If possible, obtain the names and contact information of any eyewitnesses.
- Seek medical attention immediately
- Tell the doctors about any part of your body where you feel pain, even if it’s minor.
- Follow your medical team’s treatment instructions, and don’t skip any doctor’s appointments.
- Document your injuries and your ongoing recovery process in a journal, notebook, or even on the computer
- Don’t talk to anyone from insurance companies, including the insurance adjuster, or accept a settlement offer until after you speak to a lawyer.
- Don’t post on social media.
- Contact an accident attorney as soon as possible to review your pedestrian accident claim.
Who’s responsible for my injuries after a Utah pedestrian accident?
The following parties might have been negligent in causing your pedestrian accident:
- The driver of a passenger vehicle
- A school or transit bus driver
- A transit company
- The employer of a negligent third party
- A bicyclist
- A motorcyclist
- An electric scooter or moped operator
- Another pedestrian
- The manufacturer of a faulty product or vehicle
- A government agency or municipality
Pedestrian accidents require a thorough investigation to determine who is liable. Sometimes liability can be challenging to untangle.
Good pedestrian accident lawyers are willing to take the time to dig deep into how and why your accident happened. Good lawyers hold every at-fault party accountable for their actions. Reach out to us and we will fight to maximize your compensation.
What types of Utah pedestrian accidents does Creekside Legal handle?
We represent pedestrian accident client claims that involve:
- Distracted driving
- Malfunctioning road signals and inadequate signage
- Drunk drivers
- Buses
- Trains
- Rideshare vehicles such as Uber or Lyft
- Motorcycles
- Commercial and delivery trucks
- Those resulting in spinal cord or brain damage
The cause of a pedestrian accident determines the type of evidence necessary to prove the claim. Depending on certain facts, such as if the motorist who hit you was working at the time, you could have a claim against multiple parties in Salt Lake City.
We treat each of our clients individually. We don’t use cookie-cutter strategies but instead use legal strategies that are tailored to your case.
Before negotiating a settlement, we gather evidence, interview any eyewitnesses, and use expert witnesses when necessary. We make your claim as strong as possible so that insurance companies know you are serious about getting compensation for your damages.
Call our office today to learn more and schedule your consultation with a Utah personal injury attorney.
What are some common injuries in Utah pedestrian accidents?
- Broken bones
- Burns
- Head injuries
- Crushing injuries
- Lost limbs
- Lacerations
- Internal injuries
- Internal bleeding
- Sprains and strains
- Injury to the neck and back
- Brain injuries, such as traumatic brain injuries (TBI)
- Spinal cord damage, including spinal cord injuries (SCI)
- Paralysis
- Wrongful death
How can I manage my medical bills after a Utah pedestrian accident?
Utah pedestrian accidents frequently result in severe injuries that need immediate medical attention. Even if you have health insurance, the cost of your medical expenses can be tremendous.
You will need to examine all of your options for handling these expenses after your accident. Even though the motorist who hit you or another party who caused your accident is liable for your medical expenses, you may need to pay for your medical care upfront. You could be paid back for your expenses once your insurance claim or personal injury lawsuit is resolved.
Here are some ways you can manage your medical costs:
Insurance Coverage
If you have your own auto insurance policy with medical payments coverage, also known as med pay, you might be able to use it to cover your costs even though you were injured as a pedestrian. In Utah, this coverage is called Personal Injury Protection (PIP). Motorists are required to carry $3,000 of this coverage.
The driver’s or other at-fault party’s insurance policy might take care of your medical bills. However, before agreeing to a settlement from the at-fault driver’s insurance company, it’s crucial to consult with a UT pedestrian accident attorney.
If you accept a settlement, it could be much less than what your claim is really worth. By talking with an attorney, you can determine if it is a fair settlement. Once you sign agreeing to their offered settlement, you can’t change your mind.
Health Insurance
Usually, any health insurance coverage you have will help pay for some of your medical care. You might have to pay some out-of-pocket or pay co-pays or deductibles.
Be sure to talk to a Utah personal injury lawyer about how and if any money from a personal injury claim will be given to your insurance provider. It can quickly get confusing to determine this, which is one reason for letting personal injury lawyers handle your claim.
Your pedestrian accident lawyer can set up an agreement between you and your medical providers. This agreement is known as a lien.
Your medical providers agree to provide you with the treatment that you need now without any upfront payments. Then, when you have your settlement or court award, your attorneys will pay them back out of your recovery.
Sometimes pedestrian accident lawyers can also negotiate lower rates on medical liens when it comes time to pay them.
Suppose you pay for your medical care and out-of-pocket expenses such as prescription medications or medical equipment upfront. In that case, you will receive reimbursement for them when your pedestrian accident insurance claim is successful. This may require a lawsuit, but, it often does not require one.
Receiving thousands of dollars in medical bills after a pedestrian accident can be shocking and worrisome. You might be worried about how you will sort them all out and if you will need to pay for them, especially if you also have lost wages.
Take your concerns to an attorney at Creekside Injury Law. We will go through your medical bills, arrange liens if possible, and make a plan for how they will get paid.
What damages can I collect for my pedestrian accident in Utah?
Economic Damages
Economic damages are your financial losses. They come with a pre-determined price tag and are easy to calculate.
They can include:
- Medical costs
- Lost wages
- Property damage
- Loss of earning capacity
- Vocational rehabilitation
- Household services
- Out-of-pocket costs
Your pedestrian accident lawyer will add up all these costs to determine how much compensation you deserve for your economic damages. Be sure to save all receipts and billing statements you receive and give a copy to your attorneys.
Non-Economic Damages
Non-economic damages have subjective value. They are usually an area of disagreement when it comes to settlement negotiations. The attorneys for the at-fault party’s insurance companies will place a low value on these damages, even though you and your attorneys know they are worth much more.
Depending on the specifics of your Utah pedestrian accident claim, your non-economic damages may include:
- Pain and suffering
- Emotional anguish
- Humiliation
- Loss of enjoyment of activities and life
- Scarring and disfigurement
- Aggravation of prior injuries
An injured person’s spouse may also be able to recover a non-economic damage called loss of consortium.
How common on pedestrian accidents?
Consider these statistics and pedestrian accidents:
- In 2017, 5,977 pedestrians lost their lives in traffic accidents in the U.S. That’s around one death every 88 minutes.
- In 2018, there were 6,283 pedestrians killed in traffic accidents — a three percent increase from the previous year and the most deaths since 1990.
- It’s estimated that 137,000 pedestrians were treated in emergency rooms for nonfatal accident-related injuries in 2017 alone.
- Nearly 20 percent of pedestrians killed in 2017 were hit by hit-and-run drivers.
- Ninety-one percent of pedestrian traffic crashes involved single motor vehicles in 2017; nine percent died in multiple-vehicle crashes.
- In the same year, 273 people lost their lives in Utah traffic accidents; 42 of them were pedestrians.
- Pedestrians are 1.5 times more likely than passenger vehicle occupants to be fatally injured in a car wreck per trip.
Alcohol and Pedestrian Accidents
- Nearly half (47 percent) of accidents that caused a pedestrian death involved alcohol for the driver, the pedestrian, or both.
- One-third of deadly pedestrian crashes involved a pedestrian with a blood alcohol concentration (BAC) of 0.08 grams per deciliter (g/dL) at minimum.
- Seventeen percent of fatal pedestrian accidents involved a motor vehicle driver who had a (BAC) of at least 0.08 g/dL, and some fatal pedestrian crashes involved both the pedestrian and driver.
Pedestrian Accidents Involving Older Adults and Children
- In 2017, pedestrians older than 65 accounted for 20 percent of all pedestrian accident fatalities and approximately 10 percent of all pedestrian injuries.
- That same year, 20 percent of children under the age of 15 killed in traffic crashes were pedestrians.
Pedestrian Accident Locations
- Urban areas account for 80 percent of pedestrian fatalities.
- Almost 75 percent of pedestrian fatalities occurred in areas outside of intersections; 18 percent occurred at intersections; and nine percent happened at other areas such as roadsides/shoulders, parking lanes/zones, driveway accesses, sidewalks, bicycle lanes, medians/crossing, islands, shared-use paths/trails, non-traffic way areas, and other areas.
When should you contact a Utah pedestrian accident attorney?
Seeking medical treatment is the most critical step you can take after an accident. Once you are medically stable, contacting a personal injury attorney should be your next one. Here’s why.
Statute of Limitations
You only have a limited amount of time to hire a personal injury lawyer and pursue your case. The statute of limitations for Utah personal injury cases, such as a pedestrian accident, is four years from the date of the injury or the date that the injury was discovered.
In some circumstances, the statute of limitations can be tolled or paused, such as for victims under the age of 18. In other cases, such as those against a government entity, the statute of limitations could be less.
If you are a family member wanting to file a wrongful death claim, you only have two years from the date of your loved one’s death. It’s imperative to hire a pedestrian injury attorney as soon as possible because they will know which statute applies to your specific claim and act accordingly. A pedestrian injury attorney needs time to collect evidence, investigate your incident, and build a strong case on your behalf.
The sooner you reach out about your pedestrian accident claim, the better. At Creekside Injury Law, our pedestrian accident attorney has the time and the resources to begin working on your case right away. If you miss the filing deadline, you no longer have legal standing to seek compensation for your damages.
Preserving Evidence
Evidence is essential to proving a pedestrian accident claim. Your pedestrian accident attorney must have evidence establishing that your accident occurred as a result of the at-fault party’s negligence. They must also provide proof that you suffered damages.
If you wait too long to contact a pedestrian accident lawyer, evidence to support your case could be compromised, lost, hidden, or damaged. The sooner your pedestrian injury attorney can begin collecting and preserving evidence in your case, the better.