Utah’s Salt Lake City has several pedestrian-friendly neighborhoods, such as Sugar House and historic Liberty Park, which draw walkers and joggers throughout the year. Despite these appealing locations, pedestrian-vehicle collisions remain a harsh reality in Utah, frequently leading to serious injuries or even fatalities.
The state saw 833 pedestrian-involved accidents and 45 fatalities in 2022, representing about 14% of all deadly crashes. Victims of these types of crashes can suffer from long-term disabilities, costly medical expenses, and emotional trauma that impacts their quality of life.
If you’re hurt in a pedestrian accident, you have the right to compensation, but how much can you win? Read on to learn the average settlement for a pedestrian hit by a car and what a Utah pedestrian accident attorney may assess to determine your potential recovery award.
Internal Factors Influencing Settlements
Compensation is primarily based on the extent of your injuries, as they are meant to cover your medical costs, lost income, and emotional pain. This means the settlement awarded will be unique to every case.
Your attorney assesses these factors while investigating your case:
Influencing Factor | What It Covers | What’s Assessed | How It’s Calculated |
Medical Expenses | Costs for medical treatment, including hospital stays, surgeries, and medications.
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All bills, receipts, and anticipated future medical care needs related to this injury.
More severe injuries, such as brain trauma or spinal cord damage, often require higher levels of care. |
Analyze medical reports to determine immediate and future care needs.
Consultations with medical experts to assess long-term impacts. |
Lost Wages | Income lost due to inability to work during recovery. | Employment records, salary details, and time off work. | Calculate actual lost wages from time off work and project future losses due to reduced earning capacity. |
Pain and Suffering | Emotional distress, physical pain, and loss of enjoyment of life resulting from the accident. | Personal statements, family or friend testimony, psychological evaluations. | To estimate total compensation, consider the severity and duration of pain and use a daily rate (per diem) or a multiplier of medical costs. |
External Factors Influencing Settlements
Your settlement may also be affected by external factors. These include liability issues and insurance limits. Your attorney considers the following when estimating a settlement demand from insurers or the court:
- Liability Issues: In Utah, the system used to determine liability and damage awards is modified comparative fault. For example, if you didn’t follow traffic signals and crossed the street against a red light, you could be found to be 48% at fault for your injuries. As a result, your compensation would be reduced by that percentage. If you were more than 50% at fault, you couldn’t collect any damages.
- Insurance Limits: The compensation you can receive largely depends on the insurance coverage limits of the involved driver. For example, if the other driver’s policy has the state minimum liability limits of $25,000 for bodily injury per person (up to $65,000 per accident), and $15,000 for property damage, these amounts would cap your potential settlement.
The Role of Legal Representation
At Great West Injury Law, we recognize a pedestrian accident’s life-changing effects on you and your family. We use our legal expertise and experience in the following ways to ensure you receive the maximum settlement possible:
- Detailed Liability Assessment: We thoroughly analyze your accident to establish liability. This includes identifying all responsible parties, from negligent drivers to municipalities that failed to maintain safe pedestrian infrastructure to secure a fair settlement for you.
- Accurate Damage Evaluation: We evaluate the full scope of your injuries and other losses to ensure we cover every possible area for compensation, including long-term medical care and any adjustments needed for your lifestyle.
- Skilled Negotiation: Our experienced attorneys draw on their expertise to negotiate with insurance companies, ensuring you receive a full settlement covering your medical bills, lost wages, and pain and suffering.
- Expert Witness Collaboration: We work closely with medical professionals, accident reconstruction experts, and financial analysts to gather strong evidence for your claims and accurately calculate your damages.
- Legal Advocacy in Court: If negotiations fail to yield a fair settlement, we are ready to take your case to court. We will relentlessly advocate to secure the compensation you deserve, allowing you to concentrate on your recovery.
Get Qualified Legal Help Today
If you’ve been injured in a pedestrian accident in Utah, securing a settlement that fully addresses your losses is crucial for your recovery. At Great West Injury Law, our seasoned team is committed to fighting for your rights and ensuring you receive the compensation you deserve.
Reach out to us today for a free consultation. We’ll review your case, explore potential damages to claim, and outline your legal options.