What Are Some Common Causes of Pedestrian Accidents?
Our experienced pedestrian accident attorneys in Pocatello have represented victims in cases involving:
- Distracted motorists who ignore pedestrian entering crosswalks
- Speeding or recklessly driven vehicles that collide with walkers
- Intoxicated drivers who fail to control their cars when pedestrians are present
- Drivers who are unable to see walkers due to other traffic, obstructions in sightlines, or poor lighting
- Motorists who misjudge how long a pedestrian needs to move through a crosswalk.
These and other situations suggest that while a negligent driver bears much of the blame, environmental and road conditions often contribute to pedestrian injuries. Our knowledgeable lawyers will look beyond the driver-pedestrian interaction to determine, for example, if traffic or crosswalk signals were operating properly, the crosswalks themselves were properly marked and maintained, construction detours provided proper alternate pathways for walkers, or the roads and walkways adhered to safe design principles. This thorough analysis uncovers all potentially liable parties for pedestrian injuries.
Can a Pedestrian Recover Damages if They Were Partly At Fault?
Personal injury lawsuits in Idaho follow modified comparative fault principles according to Idaho Code § 6-801, where an injured pedestrian can recover compensation only if they were not more than 50% at fault for the accident and their resulting injuries.
The experienced pedestrian accident attorney at our Pocatello office will carefully parse the evidence to determine how negligent parties and their insurers will try to show how a claimant was also negligent. They may claim that you:
- Were focused on a phone rather than paying attention to prevailing conditions
- Crossed the street at a location other than a designated crosswalk
- Wore dark or obscuring clothing at night that made it difficult for a driver to see you
- Entered a walkway when the crossing signals had not yet changed
- Were intoxicated or under the influence of substances that impaired your judgment.
If you were partially, but not more than 50% at fault for the accident, your damages will be reduced in proportion to your relative contribution. For example, if you sustained $100,000 in recoverable damages, but a judge or jury determines that you were 30% at fault, your damages will be reduced by that percentage to $70,000. Our attorneys do everything possible to refute the defendant’s assertions so you can recover every penny that you deserve.
