How Much Compensation Can I Get if I Was Hit by a Car in Utah?
Legal Disclaimer: The values discussed in this article are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution. The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance. Moreover, a jury will determine the final value of your case.
If you or a loved one was hit by a car in Salt Lake City, or was the victim of a hit and run accident, you may be entitled to compensation. This article will help you understand how personal injury compensation works, but for personalized legal guidance, it is vital that you discuss your pedestrian accident claim with an experienced Utah injury lawyer, like Darwin Overson of Overson Law. Call our law offices right away at (801) 895-3143 to talk about accident compensation in a free and confidential legal consultation.
What is the Value of a Personal Injury Settlement from a Pedestrian Accident?
Unfortunately, even highly cautious pedestrians and joggers are frequently hit by cars, trucks, motorcycles, and other vehicles. Pedestrian accidents can occur anywhere, but are especially common in major Utah cities like Salt Lake City, West Valley City, West Jordan, Orem, Provo, Ogden, St. George, Taylorsville, and Layton. These types of environments are full of busy traffic and hectic intersections, which increase the risk of a crash.
Regardless of where the accident occurred, the driver who hit you may be liable if he or she acted with negligence or recklessness. Some examples of this include:
- Driving while impaired or intoxicated by alcohol, illegal drugs, or prescription drugs that cause drowsiness or other side effects.
- Driving while fatigued.
- Eating, putting on makeup, or playing with the radio instead of focusing on the road.
- Failing to come to a complete stop at a pedestrian walkway.
- Failing to come to a complete stop at a stop sign.
- Failing to yield to pedestrians in an intersection.
- Making prohibited maneuvers, such as an illegal U-turn.
- Playing with a smartphone app while driving.
- Running a red light.
- Sending text messages while driving.
- Speeding significantly above the speed limit.
Proving a driver’s negligence is essential in order for a pedestrian injury victim to be compensated. Establishing negligence may be done through the use of evidence like eyewitness accounts, traffic camera recordings, dash cam footage, accident photographs, injury photographs, crash site analysis, and, in settlement negotiations, police accident reports (which are generally inadmissible at trial).
The value of the settlement that may result from a pedestrian accident claim, or the award resulting from a lawsuit, will depend on the driver’s actions and degree of fault for the accident, as well as many other factors. These factors include:
- The driver’s insurance coverage and policy limits.
- The injury victim’s income level and loss of income.
- The medical bills resulting from the injuries.
- The number of defendants.
- The prognosis and severity of the injuries.
An injury victim may be entitled to compensation ranging anywhere from thousands to millions of dollars, depending on these and other variables. In order to get a clearer idea of the potential worth of your Salt Lake City injury claim, you should consult with an attorney as soon as possible.
What Damages Are Available in a Pedestrian Injury Lawsuit in Salt Lake City?
The term “damages” is used to describe compensation for a personal injury, including injuries that occur when a person is hit by a car. Several different types of damages are available to Utah accident victims, as different types of damages are intended to compensate different types of losses.
Damages may be “punitive” or “compensatory.” Compensatory damages are more common, because the circumstances under which they are awarded are not as narrow.
As the name implies, compensatory damages are meant to compensate injury victims. That may sound obvious or repetitive, but it distinguishes compensatory damages from punitive damages, which are intended as a punishment and deterrent. Punitive damages are only available in personal injury cases where the defendant (“tortfeasor”) acted intentionally or maliciously, or acted in a way that showed “knowing and reckless indifference toward, and a disregard [for], the rights of others.”
There are two types of compensatory damages: economic (special) damages, and non-economic (general) damages. Economic damages compensate actual and anticipated expenses, including lost earnings and medical bills. Non-economic damages try to compensate the victim for their emotional and physical pain and suffering. Even if you were struck by a hit and run driver, and do not know the identity of the person who hit you, coverage may be available through your insurance policy.
Contact an Experienced Utah Hit and Run Attorney to Review Your Accident Claim
If you were hit by a car in Salt Lake City while you were walking, jogging, or out for a run, please do not hesitate to contact the law offices of Overson Law as soon as possible to discuss your potential pedestrian injury claim. If you were injured by the careless actions of a motorist, he or she may be responsible for your medical bills and other expenses. We can help answer your legal questions, protect your financial interests, and work aggressively to negotiate a settlement on your behalf.
Darwin Overson represents injured joggers, runners, and pedestrians throughout the state of Utah. To arrange a free legal consultation with Darwin, call Overson Law right away at (801) 895-3143. Your consultation will be kept confidential.