If a driver strikes someone traveling by foot, the pedestrian can suffer severe injuries. While pedestrian negligence may be a factor in some accidents, most drivers who strike pedestrians do so by failing their duty to be attentive behind the wheel. A negligent driver might claim that you jumped out in front of their vehicle, were jaywalking, or wearing dark clothes at night, making it difficult for them to see you.
It is essential to prove fault in any case, and it could be difficult without guidance from a well-practiced civil attorney. An experienced Kootenai County pedestrian accident lawyer at our firm could help you prove another person is responsible for the collision and the resulting injuries.
The law gives pedestrians special protection. Idaho Code § 49-702 states that motorists must yield to pedestrians crossing the road, even if there are no traffic control signals. However, these regulations do not mean that drivers will not ignore the law, drive distracted, or otherwise put pedestrians at risk.
A negligent motorist may be distracted by their phone, under the influence of drugs or alcohol, speeding, or simply not paying attention. Once an accident occurs, an injured pedestrian may need to seek the counsel of a dedicated and knowledgeable attorney in Kootenai County who has experience with these types of claims.
Idaho employs the Comparative Negligence Doctrine, which states that a plaintiff’s recovery will be reduced proportionally to the extent of their fault. Therefore, an injured party will receive less compensation if they are partially responsible. In addition, an injured party must be less than 50 percent at fault to receive compensation.
Fault generally means that a party breached their duty of care by failing to observe traffic laws or conduct themselves safely and reasonably. A motorist must avoid striking pedestrians with their vehicle. If they strike a pedestrian who is otherwise obeying the law, they are generally considered the at-fault party.
An at-fault party may be required to cover the injured party’s medical bills, rehabilitation costs, lost wages, and future income. Furthermore, an injured party may also seek compensation for their emotional damage, pain, and suffering. Proving another party is at fault and knowing what compensation is appropriate generally requires the experience and skill of a seasoned pedestrian injury lawyer in Kootenai County.
State law limits the time that an injured person can file a lawsuit to recover damages. In most cases, claimants have only two years to act.
However, a complex legal analysis may be necessary to understand how the statute of limitations applies. In some instances, the filing deadline could be extended. Working with a knowledgeable legal professional ensures that the claim is filed in time and all rights to recover damages are preserved.
If you or a loved one were struck by a negligent driver while traveling by foot, a Kootenai County pedestrian accident lawyer could help. We understand how these accidents can affect you physically, emotionally, and financially. We will seek to hold the negligent party accountable and help you recover the compensation you are owed. Call our office to make an appointment today.
Owens, McCrea & Linscott, PLLC