Pedestrian accidents are among the most traumatic and dangerous incidents on Idaho roads. Without the protection of a vehicle, pedestrians are vulnerable to serious injuries even in low-speed collisions. If you’re hit by a car in Idaho—whether in a crosswalk, a parking lot, or on a rural road—the steps you take afterward can dramatically affect your medical recovery and your legal and financial future.
This post breaks down exactly what you should do after a pedestrian accident in Idaho. It outlines the laws that apply, explains your rights, and offers practical advice for navigating the aftermath of a collision.
Step 1: Get Medical Help Immediately
Even if your injuries seem minor, it’s essential to seek medical attention right away. Injuries from pedestrian accidents often involve:
- Broken bones
- Head trauma or concussions
- Internal bleeding
- Spinal injuries
- Lacerations or road rash
Some of these injuries don’t show symptoms immediately but can become life-threatening if left untreated. Additionally, medical records provide critical documentation that connects your injuries to the accident—something insurance companies and legal claims depend on.
In Idaho, paramedics will typically respond if 911 is called. You should allow first responders to evaluate and transport you to a hospital if necessary.
Step 2: Call the Police and Ensure a Report Is Filed
Under Idaho law, any accident involving injury must be reported to law enforcement. Even if the driver stays on the scene and apologizes, a formal police report is necessary for documenting fault, witness statements, and the sequence of events.
If possible, ensure that the responding officer notes:
Your statement and any injuries
- The driver’s name, contact, license, and insurance information
- Any citations issued
- Witness contact information
Be sure to request a copy of the police report later from the appropriate agency (e.g., Boise Police Department, Idaho State Police, etc.).
Step 3: Gather Evidence at the Scene (If You Can)
If you’re physically able and not in immediate danger, gather evidence at the scene. This includes:
- Taking photos of the vehicle, road conditions, crosswalks, signage, and your injuries
- Identifying any security or traffic cameras nearby
- Getting names and phone numbers of any witnesses
The more information you can collect, the stronger your claim will be if legal or insurance disputes arise later.
Step 4: Understand Idaho’s Right-of-Way Laws for Pedestrians
Idaho law generally protects pedestrians in marked and unmarked crosswalks. According to Idaho Code § 49-702, drivers must yield the right-of-way to pedestrians crossing within a crosswalk when no traffic control signals are in place. This law also prohibits drivers from overtaking or passing vehicles stopped for pedestrians at crosswalks.
However, pedestrians also have legal responsibilities:
- You must not suddenly leave a curb and walk into the path of a vehicle.
- You should obey all traffic signals and signs.
- Jaywalking—crossing mid-block outside of crosswalks—is discouraged and can affect fault.
Fault in pedestrian accidents isn’t always straightforward, and Idaho applies comparative fault principles, which we’ll explain next.
Step 5: Know How Comparative Fault Affects Your Case
Idaho follows a modified comparative negligence rule (Idaho Code § 6-801). This means:
- You can recover damages if you are less than 50% at fault.
- Your compensation will be reduced by your percentage of fault.
- If you are 50% or more at fault, you cannot recover damages.
For example, if you’re found 20% at fault for crossing outside a crosswalk, and your damages total $100,000, your compensation would be reduced to $80,000.
This is why documentation and legal knowledge matter—small differences in how fault is determined can lead to vastly different outcomes.
Step 6: Dealing with Insurance Companies
If the driver is clearly at fault, their liability insurance should cover your injuries and damages. However, in Idaho, many drivers carry only the state minimum required coverage:
- $25,000 per person for bodily injury
- $50,000 per accident
These limits may not be enough to cover serious injuries. If you have Uninsured/Underinsured Motorist (UM/UIM) coverage on your own auto policy—even as a pedestrian—it can help cover medical bills and lost wages if the driver is uninsured or underinsured.
Be cautious when speaking with adjusters. Anything you say can be used to diminish your claim. You are not required to provide a recorded statement without preparation or legal advice.
Step 7: Track All Medical and Financial Losses
Pedestrian accident injuries often lead to extensive losses. Track everything, including:
- Emergency care, hospital stays, surgeries
- Physical therapy and follow-up visits
- Lost wages from missed work
- Long-term disability or lifestyle changes
- Out-of-pocket costs for travel, devices, or medication
Keeping a pain journal can also help document how the injuries have affected your daily life—something that’s particularly useful in calculating non-economic damages like pain and suffering.
Step 8: Be Aware of Time Limits
Idaho law gives you two years from the date of the accident to file a personal injury lawsuit (Idaho Code § 5-219). If the claim involves a government agency—such as a city-owned vehicle or defective sidewalk—different notice and filing deadlines may apply, sometimes as short as 180 days.
Waiting too long can result in losing your right to recover damages, no matter how strong your case is.
Final Thoughts
Getting hit by a car as a pedestrian in Idaho is a traumatic event, but you don’t have to face the aftermath alone or uninformed. By taking the right steps immediately after the accident—getting medical care, documenting the scene, and understanding how Idaho law applies—you give yourself the best chance of recovering physically, emotionally, and financially.
Pedestrians have rights under Idaho law, and those rights are worth protecting. Stay safe, stay informed, and take deliberate action in the days and weeks following the accident to ensure your recovery is supported and your interests are defended. If you’ve been hit by a car, give us a call or schedule a free consultation online and see if we can help you recover.
