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Quick Navigation:
- What is a Pedestrian Accident?
- What are the Main Causes of Pedestrian Accidents?
- When is a Pedestrian at Fault for a Car Accident?
- How Long Does it Take to Settle a Pedestrian Accident
- How to File a Pedestrian Accident Claim
- How Much Compensation for a Pedestrian Accident?
- 10 Frequently Asked Questions: Arizona Pedestrian Accident
- Contact a Pedestrian Accident Lawyer for a Free Consultation
Pedestrian Accident Lawyer | Colburn Hintze Maletta
Pedestrian accidents are a tragic reality on our roads, claiming lives and causing serious injuries every day.
In the first half of 2023, drivers struck and killed 3,373 pedestrians in the U.S (Governors Highway Safety Association).
At Colburn Hintze Maletta, our Phoenix pedestrian accident lawyers are dedicated to helping victims and their families navigate the aftermath of such devastating events. Our law firm emphasizes building strong, personal connections with each client to better understand their needs and circumstances. Our primary mission is to secure the compensation necessary for our clients to rebuild their lives after experiencing serious injuries. Utilizing proven legal strategies and aggressive litigation, we strive to obtain maximum compensation.
Contact us today for a free initial consultation and let us help you pursue the justice and financial support you deserve.
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What is a Pedestrian Accident?
A pedestrian accident occurs when a vehicle collides with a person walking, running, jogging, or otherwise on foot. These accidents often result in serious injuries due to the lack of protection pedestrians have compared to vehicle occupants.
Pedestrian accidents can happen in various settings, including crosswalks, sidewalks, parking lots, and roadways.
According to the Arizona Revised Statutes (A.R.S.) § 28-793, pedestrians must use designated crosswalks when available, and drivers are required to yield the right-of-way to pedestrians within these crosswalks. Violations of these laws by either party can lead to accidents and legal disputes
What are the Main Causes of Pedestrian Accidents?
Pedestrian accidents often result from a combination of driver negligence, pedestrian behavior, and environmental factors. Understanding these causes can help in preventing accidents and ensuring safer roads for everyone. Here are the main causes of pedestrian accidents:
⑴ Distracted Driving
Distracted driving is a leading cause of pedestrian accidents. Drivers engaged in activities such as texting, talking on the phone, eating, or using in-car technologies are less likely to notice pedestrians. Distracted drivers may fail to see pedestrians crossing the road, especially at unmarked crosswalks or intersections, leading to vehicle accidents and pedestrian injuries.
⑵ Speeding
Speeding significantly increases the risk of pedestrian accidents. When drivers exceed speed limits, they have less time to react to unexpected situations, making it more difficult to stop in time to avoid hitting a pedestrian. Speeding also increases the severity of injuries sustained by pedestrians in an accident. In urban areas with high pedestrian traffic, speeding can be particularly dangerous and often results in personal injury cases.
⑶ Failure to Yield
Drivers failing to yield the right-of-way to pedestrians at crosswalks and intersections is a common cause of accidents. According to A.R.S. § 28-794, drivers are required to yield to pedestrians within crosswalks. However, many accidents occur when drivers are in a hurry, unaware of the laws, or simply not paying attention to their surroundings. This negligence often leads to personal injury claims.
⑷ Impaired Driving
Driving under the influence of alcohol or drugs impairs a driver’s judgment, reaction times, and overall driving ability. Impaired drivers are less likely to notice pedestrians and more likely to make critical errors that can lead to accidents. This type of negligence significantly increases the risk of severe or fatal injuries to pedestrians and often requires the expertise of a Phoenix pedestrian accident attorney.
⑸ Poor Visibility
Accidents are more likely to occur in conditions of poor visibility, such as at night, during heavy rain, or in fog. Pedestrians who are not wearing reflective clothing or using lights are particularly vulnerable in these conditions. Drivers may struggle to see pedestrians in time to avoid a collision, leading to a personal injury lawsuit.
When is a Pedestrian at Fault for a Car Accident?
While drivers are often held accountable in pedestrian accidents, there are situations where pedestrians can be at fault. In Arizona, pedestrians have specific responsibilities under the law, and failing to adhere to these rules can result in accidents where the pedestrian may be deemed at fault. Here are the circumstances when a pedestrian might be liable:
⑴ Jaywalking
Pedestrians who cross streets outside of designated crosswalks or against traffic signals are engaging in jaywalking, which is a common cause of pedestrian accidents. According to A.R.S. § 28-793, pedestrians must use crosswalks when they are available and must yield the right-of-way to vehicles if they cross at any point other than within a marked crosswalk.
⑵ Ignoring Traffic Signals
Pedestrians are required to obey traffic control signals. Walking when the pedestrian signal indicates “Don’t Walk” can place the pedestrian at fault for any resulting accident. Ignoring these signals disrupts the flow of traffic and increases the risk of accidents, making the pedestrian responsible for the incident.
⑶ Darting into Traffic
Suddenly leaving a curb or place of safety and walking or running into the path of a vehicle that is so close it constitutes an immediate hazard is prohibited under A.R.S. § 28-793. This behavior, often referred to as darting into traffic, can catch drivers off guard, leaving them with little to no time to react and avoid a collision.
⑷ Walking Along Highways or Prohibited Areas
Pedestrians walking along highways or other areas where pedestrian access is restricted can be held liable for accidents. Highways and high-speed roads are typically not designed for pedestrian use, and walking in these areas is both dangerous and illegal. Accidents in these locations often result in severe injuries or fatalities.
⑸ Distracted Walking
Just as distracted driving can lead to accidents, distracted walking can also be a significant factor. Pedestrians engrossed in their phones, listening to music, or otherwise not paying attention to their surroundings can inadvertently step into the path of oncoming vehicles. This inattentiveness can lead to accidents where the pedestrian is found at fault.
▶ Legal Consequences and Shared Fault
In Arizona, the concept of comparative negligence applies, meaning that fault can be shared between the pedestrian and the driver. If a pedestrian is found partially at fault for an accident, their compensation may be reduced by their percentage of fault. For example, if a pedestrian is found to be 30% at fault for jaywalking and a driver is 70% at fault for speeding, the pedestrian’s compensation will be reduced by 30%.
How Long Does it Take to Settle a Pedestrian Accident
Settling a pedestrian accident case in Arizona can vary widely, typically ranging from a few months to over a year. For example, cases with clear liability and minor injuries, like a straightforward crosswalk accident where the driver admitted fault, might settle within six months.
On the other hand, more complex cases can take significantly longer. For instance, a pedestrian accident victim with severe injuries requiring multiple surgeries and long-term rehabilitation might see their case extend beyond a year, as the full extent of medical costs and future impacts need thorough assessment.
Additionally, if liability is disputed, as in cases where both the pedestrian and driver are partially at fault, the settlement process can be prolonged.
Negotiations with insurance companies can also add to the timeline. Insurers often start with low settlement offers, leading to prolonged negotiations. If a fair settlement isn’t reached, the case may proceed to court, significantly extending the duration.
How to File a Pedestrian Accident Claim
Filing a pedestrian accident claim in Arizona involves several steps to ensure you receive the compensation you deserve for your injuries and losses. Here’s a comprehensive guide on how to file a pedestrian accident claim:
- Seek Medical Attention
- Your health should be your top priority. Even if you believe your injuries are minor, it is important to seek medical attention. Some injuries may not be immediately apparent and can worsen over time. Keep detailed records of all medical treatments, diagnoses, and expenses, which will be essential for your personal injury claim.
- Report the Accident
- Contact law enforcement to report the accident. Ensure that a police report is filed, as this document will serve as an official record of the incident. The police report often includes important details about the accident, such as the names and contact information of involved parties and witnesses, the location of the accident, and a preliminary assessment of fault.
- Gather Evidence
- Collecting evidence is vital to support your claim. Important types of evidence include:
- Photographs and Videos: Take pictures of the accident scene, your injuries, vehicle damage, and any relevant road conditions or traffic signals.
- Witness Information: Obtain contact information from any witnesses who saw the accident occur. Their statements can provide valuable support for your claim.
- Police Report: Get a copy of the police report, which will provide an official account of the accident.
- Medical Records: Keep all medical records and receipts related to your treatment and recovery.
- Collecting evidence is vital to support your claim. Important types of evidence include:
- Notify Insurance Companies
- Inform the at-fault driver’s insurance company about the accident. Provide them with the necessary details but avoid giving a recorded statement or signing any documents without consulting an attorney first. Your own insurance company should also be notified, especially if you have coverage that may apply, such as uninsured/underinsured motorist coverage.
- Consult with a Pedestrian Accident Attorney
- Contact an experienced pedestrian accident attorney to discuss your case and legal options. An attorney can provide invaluable guidance, handle communications with insurance companies, and ensure that your rights are protected. At Colburn Hintze Maletta, our Phoenix pedestrian accident lawyers specialize in personal injury law and are dedicated to helping accident victims secure the compensation they deserve.
- File the Claim
- Your attorney will help you file a claim with the at-fault driver’s insurance company. This process involves submitting a demand letter that outlines the details of the accident, the extent of your injuries, and the compensation you are seeking. The insurance company will investigate the claim and may negotiate a settlement.
- Negotiate a Settlement
- Insurance companies often try to minimize payouts. Your attorney will negotiate on your behalf to ensure you receive a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages. If a fair settlement cannot be reached, your attorney may advise you to file a personal injury lawsuit.
- File a Personal Injury Lawsuit
- If negotiations fail to result in a satisfactory settlement, your attorney can file a personal injury lawsuit on your behalf. This legal action involves presenting your case in court to seek compensation for your injuries and losses. The lawsuit process includes discovery, mediation, and potentially a trial if a settlement is not reached beforehand.
How Much Compensation for a Pedestrian Accident?
Compensation for a pedestrian accident can vary widely based on the severity of injuries and the specific circumstances of the case. Victims may be entitled to recover damages for medical expenses, lost wages, pain and suffering, and property damage.
In severe cases, where the injuries result in long-term disability or significant lifestyle changes, compensation can also cover future medical costs and loss of earning capacity.
Punitive damages may be awarded in cases involving gross negligence or reckless behavior by the driver. The goal of compensation is to ensure that victims receive the financial support needed to recover and rebuild their lives.
10 Frequently Asked Questions: Arizona Pedestrian Accident
① What Should I Do If I’m Injured in a Pedestrian Accident in Arizona?
If you’re injured in a pedestrian accident in Arizona, first seek medical attention immediately. Contact law enforcement to report the accident and obtain a police report. Gather evidence such as photos of the scene, witness contact information, and medical records. Finally, consult with a personal injury law firm to discuss your legal options and ensure your rights are protected.
② Who Can Be Held Liable for a Pedestrian Accident?
Liability in a pedestrian accident can fall on the driver of the motor vehicle, the pedestrian, or even a third party, depending on the circumstances. Drivers are often held liable if they were speeding, distracted, or impaired. However, pedestrians can also be at fault if they were jaywalking, ignoring traffic signals, or suddenly darting into traffic.
③ How Long Do I Have to File a Pedestrian Accident Claim in Arizona?
In Arizona, the statute of limitations for filing a pedestrian accident claim is generally two years from the date of the accident. It is crucial to file within this timeframe to avoid losing your right to seek compensation. Consult with an attorney promptly to ensure all deadlines are met.
④ What Compensation Can I Receive for My Injuries?
Compensation for a pedestrian accident can include medical expenses, lost wages, pain and suffering, property damage, and, in some cases, punitive damages. The specific amount depends on the severity of your injuries and the circumstances of the accident.
⑤ Do I Need a Lawyer to Handle My Pedestrian Accident Case?
While it is possible to handle a pedestrian accident claim on your own, hiring a lawyer significantly increases your chances of receiving fair compensation. A Phoenix personal injury attorney can help you gather evidence, negotiate with insurance companies, and represent you in court if necessary.
⑥ Do I Still Have a Case if I Was Not on the Crosswalk?
Often, yes. While pedestrians should cross the street at designated crosswalks or intersections equipped with pedestrian signals, drivers must also exercise reasonable care. If they hit a pedestrian outside a crosswalk while speeding, the driver can still be to blame for the accident.
⑦ What Should I Do If My Loved One Was Killed in a Pedestrian Accident?
If your loved one was killed in a pedestrian accident, you might be entitled to file a wrongful death claim. This can cover funeral expenses, loss of companionship, and other damages. Consult with an experienced personal injury law firm to understand your rights and legal options.
⑧ How Does Arizona’s Comparative Negligence Law Affect My Claim?
Arizona follows a comparative negligence rule, meaning that if you are found partially at fault for the accident, your compensation will be reduced by your percentage of fault. For example, if you are 20% at fault, your compensation will be reduced by 20%.
⑨ What Evidence Do I Need to Support My Pedestrian Accident Claim?
Critical evidence for a pedestrian accident claim includes the police report, medical records, photographs of the accident scene and injuries, witness statements, and any available video footage from traffic cameras or nearby businesses. This evidence helps establish liability and the extent of your damages.
⑩ What Should I Do If the Driver Leaves the Scene After a Pedestrian Accident?
If the driver leaves the scene, it is considered a hit-and-run accident. Immediately report the incident to the police, gather as much information as possible about the vehicle and driver, and seek medical attention.
Contact a Pedestrian Accident Lawyer for a Free Consultation
If you or a loved one has been involved in a pedestrian accident in Phoenix or anywhere in Arizona, seek professional legal assistance immediately. At Colburn Hintze Maletta, our experienced attorneys specialize in personal injury law and are committed to securing the compensation you deserve. We offer comprehensive case evaluations, personalized legal strategies, and work on a contingency fee basis, meaning you pay no fees unless we win your case.
Contact us for a free consultation through our website or by phone at (602) 825-2500 .
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This is an upstanding law firm with the highest level of character and integrity. My family law attorney, Henry, was very knowledgeable and wise. My situation was very complex with lots of moving parts and he expertly navigated everything from beginning to end. Henry is a great steward and never wasted a single hour of the time I paid him for. He also has a commanding presence in the courtroom. Henry is very discerning and will lead you through the most difficult situations with compassion and empathy. He brought me great success and left me with peace of mind when all that other attorneys had done for me is leave me with debt. I don’t usually leave reviews, but I’m telling you: please call Henry.
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