Working with a pedestrian accident lawyer in Saratoga Springs after an accident can help you secure a better outcome in your case and ensure your legal rights aren’t violated. Legal representation can take the pressure off of you while you’re healing from your injuries and the trauma of the accident.
Consult the team at Siegfried & Jensen today from your hospital room, the comfort of your home, by phone, or in our office. A Saratoga Springs personal injury lawyer is ready to meet with you and discuss how you can recover what you’ve lost. Our team has 35 years of experience fiercely fighting for our clients.
How to Recover Your Losses After a Pedestrian Accident in Saratoga Springs
After suffering injuries in a pedestrian accident, you have the right to recover compensation so you don’t have to cover all your losses yourself. Unlike many states, Utah is a no-fault state, which means you must file claims under personal injury protection (PIP) policies first. In pedestrian accidents, you can file a claim under the driver’s PIP coverage and don’t have to establish fault.
PIP coverage generally covers up to $3,000 in medical expenses and covers a portion of wages lost during the time you were unable to work. In the event of a fatality, it can also cover a portion of funeral and burial costs. This compensation can help provide for your initial care, but serious pedestrian injuries can quickly deplete this coverage. Siegfried & Jensen can help you file a personal injury claim in these cases.
In a personal injury case, you can recover more losses if you successfully establish the other driver’s fault. These types of cases allow you to seek damages beyond the benefits available through PIP coverage. You can also pursue damages for your pain and suffering. Your lawyer can calculate the value of your damages based on your specific losses since the average settlement for a pedestrian accident varies.
For a free legal consultation with a pedestrian accident lawyer serving Saratoga Springs, call (801) 266-0999
How Liability Works for Pedestrian Accidents in a No-Fault State
Utah is a no-fault state for vehicle-related accidents, which means that you don’t have to show the other driver’s fault to recover initial compensation through PIP insurance. This can help you get the support you need for your initial medical bills and lost wages faster since you don’t have to take extra legal steps. However, if you file an at-fault claim to recover more damages, negligence must be established first.
Under Utah Code § 31A-22-309, pedestrians can pursue a personal injury claim if they sustain more than $3,000 worth of medical costs or suffer dismemberment, broken bones, a permanent disability or disfigurement, or death. In these situations, you must show that the driver owed you a duty of care, breached it, caused the accident, and must pay for your damages.
You must successfully establish negligence before recovering damages in these types of cases. It also makes a difference whether or not you contributed to the accident in any way. If you contributed to the accident, then you can only recover damages if you’re 49% or less at fault (Utah Code § 78B-5-818). Compensation is reduced by your percentage of liability to counterbalance fault.
Saratoga Springs Pedestrian Accident Lawyer Near Me (801) 266-0999
Pedestrian Accidents Generally Result from Preventable Causes
Pedestrian accidents often result from motorist or pedestrian distraction or negligence. For example, a driver who is speeding may not be able to stop in time to avoid hitting a pedestrian, or a distracted driver may not notice a pedestrian in a crosswalk as they turn their vehicle. Pedestrians may step out from between parked cars to cross the road in the middle, or they can be distracted.
These are just a few scenarios that can cause pedestrian accidents. Drug and alcohol impairment, low visibility, and poor weather are a few others. These accidents typically cause more damage to the pedestrian since they have nothing to protect them from the vehicle and secondary points of impact. This can contribute to injuries, such as head and spine trauma, broken bones, internal injuries, and others.
After an accident, a pedestrian accident attorney in Saratoga Springs can help you investigate the cause of the accident so you know what happened and what evidence you need for your claim. This information is important, especially if you pursue an at-fault claim.
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Steps to Protect Your Pedestrian Accident Claim
Pedestrian accidents cause extensive harm that can be incredibly costly, and opposing parties and insurance companies may try to avoid taking responsibility and paying you. It’s important to know what you can do to protect yourself in auto-pedestrian accidents so you do not walk away with less compensation than you are entitled to recover under the law.
Early steps to protect your rights should include prompt medical treatment and filing a police report. Police officers investigate and establish records of what occurred, and doctors will document the severity of your harm. Photos, videos, statements, and journals can provide valuable evidence, along with other types of documentation a lawyer can provide once you hire them. You should also contact your insurance.
It’s also important to initiate your claim within four years (Utah Code § 78B-2-307) of your accident to ensure you can maintain your right to hold the other party accountable and recover compensation. This deadline is important to keep track of because its expiration date marks the end of all rights of action. An attorney can review the applicable filing deadline during your consultation.
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Contact a Saratoga Springs Pedestrian Accident Lawyer Today
Siegfried & Jensen can help you navigate insurance and the claim process after you’ve been injured as a pedestrian.
When you are stressed about what your future looks like in light of your injuries, a Saratoga Springs pedestrian accident lawyer provides reassurance and skillful representation. You can learn more about how to file a claim when you schedule a free consultation with our firm.
Call or text (801) 266-0999 or complete a Free Case Evaluation form