As we shift our clocks in Boise to accommodate daylight savings, the city’s crosswalks become more dangerous. The abrupt change in daylight hours increases the risk for pedestrians, particularly when visibility decreases in the evening. While this time change might mean earlier sunsets, it also signifies an uptick in pedestrian accidents, particularly in areas not well-lit or lacking proper signage. If you’ve been involved in a pedestrian accident, it’s crucial to understand your legal rights and the steps you need to take immediately to protect yourself and your potential injury claim. This comprehensive guide will walk you through the process from the accident to seeking compensation.
The Increased Danger for Pedestrians After Daylight Savings 
Boise, like many cities, experiences a noticeable change in the safety of its streets as the clocks go back. While the cooler weather might encourage more people to walk, the early evenings cast longer shadows, which significantly affect visibility. Drivers, pedestrians, and cyclists alike face challenges when navigating in the dark. Several factors contribute to the heightened danger:
- Lower Visibility: When the sun sets earlier, pedestrians are less visible to drivers, especially if they are wearing dark clothing or walking in poorly lit areas.
- Increased Fatigue: After the time change, both drivers and pedestrians may experience fatigue, which can delay reaction times and increase the likelihood of an accident.
- Busy Crosswalks and Streets: With daylight savings, pedestrians are more likely to be walking during peak traffic hours, increasing the risk of being involved in a pedestrian accident.
Common Injuries in Pedestrian Accidents
Pedestrian accidents, especially those occurring in low visibility conditions, often result in severe injuries. Some common injuries include:
- Fractures and Broken Bones: Pedestrians who are struck by vehicles are often thrown or pinned under the car, leading to broken limbs, fractures, and sprains.
- Traumatic Brain Injuries (TBI): Concussions, skull fractures, and other brain injuries are common, and can result in long-term health issues, including cognitive impairment and memory loss.
- Spinal Cord Injuries: Pedestrian accidents that cause direct impact to the back or neck can lead to spinal injuries, resulting in partial or total paralysis.
- Soft Tissue Injuries: Sprains, strains, and tears in muscles and ligaments are common and may take months to heal, affecting a person’s ability to work and perform daily activities.
These injuries not only cause immediate physical pain but can also result in long-term medical costs and permanent disabilities. It’s essential to understand the full scope of potential damages when pursuing compensation.
What to Do Immediately After a Pedestrian Accident
If you are involved in a pedestrian accident in Boise, there are important steps you should take right away to protect your health, legal rights, and potential claims.
- Seek Immediate Medical Attention
Even if you feel fine after an accident, always seek medical help. Some injuries, like concussions or internal bleeding, might not show symptoms immediately. A medical professional will assess your injuries and provide treatment to prevent further harm. Documenting your injuries immediately after the incident is also critical for legal and insurance purposes.
- Report the Accident to Authorities
Call the police immediately after the accident, and be sure to file a police report. This report serves as an official record of the incident and will be important for insurance claims and legal proceedings. Make sure to ask for a copy of the report for your own records.
- Gather Evidence at the Scene
If possible, take pictures of the accident scene. Capture the condition of the crosswalk, the lighting, nearby vehicles, and any visible injuries you have. If there are any witnesses, ask for their contact information and statements. This evidence can strengthen your case when filing a claim.
- Do Not Speak to Insurance Adjusters Alone
Before engaging with insurance companies, it’s wise to consult with a pedestrian injury lawyer. Insurance adjusters may try to get you to make statements that could limit your compensation. Your attorney will ensure that your rights are protected and that you’re not taken advantage of during the claim process.
Legal Steps to Take After a Pedestrian Accident in Boise
In Boise, as in the rest of Idaho, there are specific laws and procedures related to pedestrian accidents that you should be aware of when filing a claim or lawsuit.
- Idaho’s Comparative Fault Laws
Idaho follows the doctrine of comparative fault, meaning that if you are partially responsible for the accident (for example, crossing the street against the signal or not using a crosswalk), your compensation may be reduced. However, as long as you are less than 50% at fault, you can still recover damages.
- Full Compensation for Less Than 50% Fault: If you are found to be less than 50% at fault, you are entitled to receive compensation for your injuries, even if you share some blame for the accident.
- How Fault is Determined: Insurance companies, attorneys, and courts will look at all available evidence (including witness statements and traffic reports) to determine the level of fault for each party involved in the accident.
- Insurance Coverage for Pedestrian Accidents
In Idaho, pedestrian accidents are usually handled through the driver’s insurance policy. However, pedestrian accident victims may also use their own insurance, particularly if the driver is uninsured or underinsured. It’s essential to understand your own insurance coverage and how it impacts your claim.
- Uninsured/Underinsured Motorist Coverage: If the responsible driver lacks sufficient insurance, your own policy may cover your damages. This is why it’s important to maintain adequate uninsured/underinsured motorist coverage on your own car insurance policy.
- Medical Payments Coverage: If you have medical payments coverage, it may cover some of your immediate medical bills, regardless of fault.
- Time Limit for Filing a Pedestrian Injury Lawsuit
Idaho’s statute of limitations for personal injury claims is typically two years from the date of the accident. This means you have two years to file a lawsuit against the responsible party. Missing this deadline could mean losing your right to seek compensation altogether, so it’s crucial to start your claim as soon as possible.
Rules of a Personal Injury Claim Choosing a Personal Injury AttorneyRelated Videos
How a Pedestrian Injury Lawyer Can Help
When navigating a pedestrian injury claim, having a knowledgeable personal injury lawyer on your side can make a significant difference. Here’s how an attorney can assist you:
- Investigation of the Accident: An experienced attorney will investigate the details of the accident, including gathering evidence, speaking to witnesses, and working with accident reconstruction experts.
- Negotiating with Insurance Companies: Attorneys know how to negotiate with insurance companies to ensure that you receive fair compensation for your injuries. They can handle the paperwork, communicate with the adjusters, and push for the best possible outcome.
- Filing a Lawsuit If Necessary: If insurance negotiations fail, an attorney can file a lawsuit and represent you in court to seek further compensation.
Verdicts & Settlements
Compensation You May Be Entitled To
In pedestrian injury claims, compensation typically covers both economic and non-economic damages, including:
- Medical Bills: Past, present, and future medical expenses, including hospital visits, surgery, and rehabilitation.
- Lost Wages: Compensation for income lost during your recovery, as well as potential future earnings if your injuries prevent you from returning to work.
- Pain and Suffering: Damages for physical pain, emotional distress, and the impact the injury has on your quality of life.
- Punitive Damages: In cases where the driver’s actions were grossly negligent (such as driving under the influence), you may be entitled to additional punitive damages meant to punish the wrongdoer.
While the time change in Boise brings a beauty to the fall months, it also makes crossing busy streets a more dangerous activity for pedestrians. However, by following the right steps, documenting the accident properly, and consulting with an experienced personal injury attorney, you can ensure that your rights are protected and that you receive the compensation you deserve.
At Hepworth Holzer, LLP, we are committed to helping pedestrian injury victims in Boise seek justice. If you or a loved one has been involved in a pedestrian accident, contact us today for a free consultation. Let us guide you through the process, from gathering evidence to filing claims, ensuring your journey toward recovery is as smooth as possible.