If you’re involved in a pedestrian accident in Utah, it’s important to determine who is at fault. Proving fault is essential for getting compensation for your injuries and damages. However, it can be challenging to prove fault in a pedestrian accident case. In this blog post, we’ll go over the steps you can take to prove fault in a Utah pedestrian accident case.
Gather evidence
The first step in proving fault in a pedestrian accident case is to gather evidence. You should try to get as much information about the accident as possible. This includes taking photos of the accident scene, getting contact information from witnesses, and obtaining a copy of the police report. If you’re injured, seek medical attention and keep a record of your injuries and treatments.
Determine negligence
Once you have gathered evidence, you need to determine who was negligent in the accident. Negligence refers to the failure to exercise reasonable care, which results in harm to another person. In a pedestrian accident case, negligence can be on the part of the driver, pedestrian, or both.
Look for traffic violations
If a driver violated any traffic laws, such as running a red light or failing to yield to pedestrians, it can be evidence of negligence. Similarly, if a pedestrian crossed the street outside of a crosswalk or against a traffic signal, it can also be evidence of negligence.
Consider the circumstances
The circumstances of the accident can also be important in determining fault. For example, if the driver was distracted, under the influence of drugs or alcohol, or driving at an excessive speed, it can be evidence of negligence. Similarly, if the pedestrian was texting or not paying attention to their surroundings, it can also be evidence of negligence.
Be aware of comparative fault
In Utah, there is a concept called comparative fault, which means that both parties can be found partially at fault for an accident. If you’re found to be partially at fault for the accident, your compensation may be reduced. However, even if you are partially at fault, you may still be entitled to some compensation.
Be patient
Proving fault in a pedestrian accident case can take time and may require multiple rounds of negotiations with insurance companies. It’s important to be patient and persistent in your pursuit of compensation for your injuries and damages.
Proving fault in a Utah pedestrian accident case can be challenging, but it’s essential for getting compensation for your injuries and damages. By gathering evidence, determining negligence, considering the circumstances, consulting with an attorney, being aware of comparative fault, and being patient, you can increase your chances of proving fault and obtaining the compensation you deserve.
At the Brad DeBry Law Firm, we are experienced in handling pedestrian accident cases in Utah, and we can assist you in proving fault. Here are some ways in which we can help:
- Investigation: We can conduct a thorough investigation into the accident, gathering evidence such as witness statements, police reports, and surveillance footage to establish fault.
- Accident Reconstruction: We can also use accident reconstruction experts to reconstruct the accident scene and determine how the accident occurred and who was at fault.
- Negotiation: We can negotiate with insurance companies on your behalf to obtain the compensation you deserve for your injuries and damages.
- Litigation: If necessary, we can represent you in court and fight for your rights to compensation.
- Experience: Our attorneys have years of experience in handling personal injury cases, including pedestrian accidents. We have a deep understanding of Utah personal injury laws and can provide you with the guidance you need to navigate the legal system.
We at the Brad DeBry Law Firm can help you prove fault in a Utah pedestrian accident case and work to ensure that you receive the compensation you deserve for your injuries and damages.
