Idaho provides pedestrians with plenty of sideways, crosswalks, and traffic control devices to create a safe environment while maintaining traffic flow. Unfortunately, careless or reckless vehicle operators could strike someone who is walking, resulting in devastating harm.
Collisions between vehicles and people can result in catastrophic, and even deadly injuries. Fortunately, a Coeur d’Alene pedestrian accident lawyer could help. A well-practiced injury attorney could help you gather and preserve evidence to prove a negligent driver is responsible for the harm you suffered.
Pedestrians have the right of way in most circumstances under Idaho law. Having the right of way means that vehicles, including bicycles, must yield to pedestrians and allow them to cross the road so long as they obey other applicable traffic laws.
While operating their automobiles, drivers have a duty of care that extends beyond other vehicles. Motorcyclists, pedestrians, and bicyclists are among the more vulnerable individuals on the road, and drivers must also keep an eye out for them. A driver may inadvertently gravely harm or kill a pedestrian if they do not pay close enough attention, are impaired, or their vehicle is defective or poorly maintained.
One of the most severe threats to pedestrians and other drivers on the road is speeding. It becomes more challenging to come to a complete stop as a vehicle’s speed increases. Furthermore, traveling at a higher rate of speed also reduces the amount of time a driver has to react to changing conditions, such as a pedestrian entering a crosswalk. A full-speed collision with an unsuspecting pedestrian can, unfortunately, result in death.
Additionally, failing to check blind spots when merging from one lane to another or turning from one street to another could also result in a pedestrian being struck. Any of these situations are also quickly exacerbated with the inclusion of alcohol or inclement weather. A diligent Coeur d’Alene lawyer could investigate the cause of a pedestrian accident to hold the correct party financially liable.
People often want to know a rough estimate of the value of their claim before engaging in any form of litigation. However, the recoverable amount available to an injured pedestrian will vary from case to case, depending mainly on the severity of the injuries incurred, the costs of medical treatment, and the impact on the injured party’s life.
The court considers all of the above-listed factors and allows an injured party to recover damages for their medical bills, lost earnings, and loss of future income. Furthermore, damages are awarded for pain and suffering, emotional distress, and loss of enjoyment.
However, recoverable amounts are adjusted based on each party’s contribution towards the accident. For example, if a pedestrian is hit while crossing the street in violation of a traffic light, they may be found to be fully or partially at fault. If a party’s fault exceeds 50 percent, they will not be able to recover damages. A pedestrian who was struck by a driver should work with a skilled lawyer in Coeur d’Alene to determine their eligibility for compensation.
A Coeur d’Alene pedestrian accident lawyer is here to help you if you have been injured by the negligence of a vehicle operator. With guidance from a seasoned attorney, you could ensure your rights are protected while seeking full and fair compensation for your losses. Call our office today to get started.
Owens, McCrea & Linscott, PLLC