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Pedestrian Accidents

When you walk along the street, you should have a reasonable expectation of safety. However, if a distracted or otherwise negligent driver fails to mind your safety, the result can be catastrophic. Our trusted personal injury attorneys could help you seek the compensation you need after a serious pedestrian accident.

An Idaho Falls pedestrian accident lawyer from our firm understands the concept of a fast win, so you can return to your normal routine sooner.

Drivers Must Respect a Pedestrian’s Right-of-Way

State law makes it clear that pedestrians have the right of way in most circumstances. In Idaho Code § 49-615, drivers are required to exercise due care to avoid collisions with pedestrians. Under the statute, drivers must take steps such as sounding the horn when necessary to warn walkers, and exercise proper precaution when observing children or other types of vulnerable people on the road.

Drivers have a legal duty to stop at crosswalks, whether marked or unmarked, per Idaho Code § 49-702. The code states, vehicles must yield to a pedestrian within a crosswalk when the pedestrian is on the same side of the road as the vehicle or if a pedestrian is approaching close enough to be considered a danger.

Our skilled pedestrian accident attorneys in Idaho Falls know how to use evidence such as traffic light timing and vehicle data to prove that the driver violated your safety on the road and dismiss any claims that you may have stepped onto the road too quickly.

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Our Process

How We Handle Your Case

1

We start by understanding your situation, reviewing the details of your accident, and advising you on your legal options.

2

Our team gathers medical records, accident reports, expert opinions, and all necessary documentation to support your claim.

3

We engage with insurance companies to pursue a fair settlement while keeping your best interests at the forefront.

4

If a fair offer is not made, we are fully prepared to take your case to court and advocate aggressively on your behalf.

Fighting for the Results You Deserve

Handling Injury Claims For Over 25 years
No Fees Unless We Win
Client-First Legal Representation
Thousands of Cases Successfully Handled

Strong Advocacy When It Matters Most

When a case moves into litigation, having a confident and experienced legal team comes essential. We approach every case with the mindset that preparation and precision make the difference. From presenting evidence to challenging opposing arguments, we advocate for your position with clarity, strategy.

Our team is committed to standing firmly on your behalf in every setting—whether in negotiations, hearings, or the courtroom. We understand the pressure clients face during this stage, and we work to ensure your voice is heard and your case is presented with strength and credibility.

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Statute of Limitations for Pedestrian Injury Claims

After sustaining injuries while walking on the road, you have two years from the date of the accident to file a claim for relief in accordance with Idaho Code § 5-219(4). It is a good idea for a person in Idaho Falls to seek legal counsel as soon as possible after your pedestrian collision, as it could help prevent your claim from being dismissed on a technicality.

How Are Damages Determined in Pedestrian Accidents?

When evaluating damages for road incidents involving a pedestrian, it is important to understand the state’s strict eligibility standard as well as the types of financial compensation available. The state follows a modified comparative negligence rule under Idaho Code § 6-801 for purposes of pursuing compensation. Under this model, if you are determined to be 50 percent or more at fault for the accident, you are disqualified from recovering any money.

If you are eligible, our Idaho Falls attorneys could help you seek the following types of compensation after a pedestrian crash:

  • Medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Disfigurement
  • Mental anguish
  • Pain and suffering

Economic damages compensate for your financial harm, and non-economic damages reflect the emotional toll of your injuries. While economic damages are limitless, the state places a cap on the amount of compensation you can receive for emotional harm pursuant to Idaho Code § 6-1603. A detail-oriented lawyer helps maximize your overall damages award.

Contact Our Pedestrian Accident Attorneys in Idaho Falls

After suffering a serious accident while walking near traffic, the path toward recovery can be painful and confusing. Do not let a negligent driver determine your financial future. Protect your livelihood and your mental wellness by letting our lawyers help you.

When you seek help from our Idaho Falls pedestrian accident lawyers, you can regain your peace of mind and focus on your recovery while we work on securing the cash settlement you need. Call Parke Gordon Law today for your free case review.

Frequently Asked Questions

A pedestrian has the right of way in either a marked or unmarked crosswalk. Many states define a crosswalk for legal purposes as the line connecting the opposite sides of a street at an intersection, regardless of whether it is marked or otherwise identified as a crosswalk. We have recovered large settlements for clients injured in pedestrian accidents while crossing in unmarked crosswalks.

The insurance company responsible for paying for your medical bills if you were injured in a pedestrian accident will depend on state laws and insurance policy provisions. Many states have laws that say that the no-fault medical payment or personal injury protection benefits of the car that caused the accident is primary coverage. Your no-fault medical payment coverage would be secondary coverage in these states. In other states, your health insurance would provide primary coverage for medical bills.

For crosswalks governed by a light, you have the right to clear the crosswalk if you began to cross on a green light, even if the light turns red before you clear the crosswalk. We have successfully won in court in cases where our client began to cross on a green light, but the light turned red before the client cleared the crosswalk, and a car with a green light struck our client in the crosswalk. The car operator should have waited until our client had cleared the crosswalk before proceeding.

Whether a bicyclist is considered a motorist or a pedestrian is different depending on your state laws. Some states consider a bicyclist a motorist on the road and a pedestrian when riding their bike on a sidewalk or a crosswalk. In these states, a person riding their bike in a crosswalk is treated as a pedestrian. Other states consider a bicyclist a motorist when on the roadway, even when the bicyclist rides their bike to cross the street in a crosswalk. In these states, a person riding their bike in a crosswalk is treated as a motorist.