Can Pedestrians Sue After Being Hit by a Car
Being hit by a car as a pedestrian is a traumatic experience that often results in serious physical injuries, emotional distress, and financial burdens. If you or someone you love has gone through such an ordeal, you may wonder—can pedestrians sue after being hit by a car? The answer is yes, but the process can be complex. Below, we’ll outline your rights as a pedestrian, what factors influence a lawsuit, and how a car accident attorney can help you seek justice. At Cockayne Law, we are committed to advocating for the rights of pedestrians and ensuring they receive fair compensation for their injuries.
Your Rights as a Pedestrian
Pedestrians have legal rights designed to protect them while using public roads and sidewalks. Traffic laws in Utah and throughout the U.S. require drivers to exercise caution around pedestrians, particularly in marked crosswalks and areas where pedestrians have the right of way. However, accidents happen—whether due to driver negligence, distractions, or road conditions.
If you’ve been struck by a vehicle, as a pedestrian, you typically have the legal right to file a claim or lawsuit to recover damages. These damages often include medical expenses, lost wages, pain and suffering, and more. One key question in any case is determining responsibility or fault, which significantly impacts your ability to recover compensation.
Proving Fault in Pedestrian Accidents
When pursuing a pedestrian accident lawsuit, one critical element is proving that the driver was negligent. Negligence usually involves showing that they failed to meet a “duty of care,” such as by driving recklessly, speeding, running a red light, or texting while driving. Here are some common examples of negligent behavior that can lead to pedestrian accidents:
- Failing to yield to pedestrians at crosswalks
- Distracted driving (e.g., texting or using a phone)
- Driving under the influence of alcohol or drugs
- Speeding or driving aggressively
- Ignoring traffic signals
However, drivers are not always solely at fault. Sometimes, pedestrians may share partial responsibility for an accident, such as if they crossed the road illegally (jaywalking) or failed to pay attention while using their phones. Additionally, external factors like poor road conditions, faulty vehicle equipment, or unclear signage may also contribute.
What Happens if the Pedestrian Shares Fault?
Utah follows a comparative negligence system, meaning that more than one party can share responsibility for an accident. If it’s determined that you, as a pedestrian, were partially at fault, this does not disqualify you from seeking compensation. Instead, any damages awarded to you would be reduced based on your percentage of fault.
For example, if the court finds that the driver was 90% at fault for speeding in a residential area but assigns 10% of the blame to you for crossing outside of a crosswalk, your compensation would be reduced by 10%.
This comparative negligence rule underscores the importance of working with a qualified car accident attorney who can argue on your behalf and ensure that fault is allocated fairly.
Steps to Take After Being Hit by a Car
If you’ve been injured in a pedestrian accident, taking the right steps immediately after the incident can significantly impact your ability to pursue a successful lawsuit. Here’s what you should do:
- Seek Medical Attention: Your health and safety are the top priority. Even if injuries seem minor, get checked by a medical professional as some injuries (like concussions or internal damage) may not show immediate symptoms.
- Document the Scene: If you’re able, gather evidence at the scene of the accident. Take photos of your injuries, the car involved, and the general area where the incident occurred.
- Collect Witness Information: Obtain the names and contact details of any witnesses who saw the accident. Their accounts may play a critical role in supporting your case.
- File a Police Report: Contact local law enforcement to file an official report. The report can provide important details that may be used as evidence.
- Consult a Car Accident Attorney: Navigating a pedestrian accident lawsuit can be legally complex. An experienced attorney can guide you through the process, negotiate with insurance companies, and represent you in court, if necessary.
Why You Need a Car Accident Attorney
Filing a pedestrian accident claim isn’t always straightforward. Insurance companies often attempt to minimize payouts or deny claims altogether, leaving accident victims financially overwhelmed. A car accident attorney can help ensure that your rights are protected and that you receive fair compensation for your injuries and losses.
At Cockayne Law, we specialize in helping pedestrian accident victims in West Jordan, Utah, seek justice. Our team understands the intricacies of personal injury law and is committed to fighting for the best outcomes for our clients.
Whether negotiating with insurance providers, building a strong case, or representing you in court, we’ll stand by your side every step of the way.
Take Action Today
If you or a loved one has been hit by a car, time is of the essence. Injury claims in Utah are subject to statutes of limitations, which means waiting too long to take legal action could jeopardize your case.
Contact Cockayne Law in West Jordan, Utah, today for a free consultation. Together, we’ll review the specifics of your case and help you understand your options moving forward. Call us now to speak with an experienced car accident attorney and get the justice you deserve.
