Phoenix Pedestrian Accident Attorney
With nothing to protect them in a collision, pedestrians are the most vulnerable users of U.S. roads. When struck by a motor vehicle, pedestrians almost always suffer devastating injuries. In 2020 alone, the NHTSA, the National Highway Transportation Safety Administration, reported that 6,516 pedestrians were killed, and another 55,000 plus pedestrians were injured across the US.
If you have been injured in a pedestrian accident after being struck by a car or truck, you could be entitled to compensation to cover all costs associated with your injuries. At The Entrekin Law Firm, we can help. Call today for a free and confidential case evaluation. Our Phoenix pedestrian accident attorney will listen to the facts of your case and tailor a legal solution to achieve the best possible outcome in your case.
Phoenix Pedestrian Accident Resources
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Common Pedestrian Accident Injuries
Causes of Pedestrian Accidents in Phoenix
When to Hire a Phoenix Pedestrian Accident Attorney
What Are Your Rights After an Arizona Pedestrian Accident?
How Your Attorney Gathers Evidence
Proving Negligence in a Pedestrian Accident Claim
Determining Liability for a Pedestrian Accident
What Damages Are Available in Pedestrian Accident Claims?
Arizona’s Personal Injury Statute of Limitations
Cost of a Phoenix Pedestrian Accident Attorney
Phoenix Pedestrian Accident FAQs
Call an Attorney Today
Common Phoenix Pedestrian Accident Injuries We Have Helped Clients On
In the United States, pedestrians are struck by motor vehicles every day. In these collisions, pedestrians are often left with serious injuries. These injuries can lead to long-term impacts and costs on both your health and your ability to work and support your family.
Common pedestrian injuries include:
- Spinal cord injury
- Broken and/or fractured bones
- Ligament and tendon damage
- Internal injuries
- Amputations and loss of limbs
- Partial or complete paralysis
- Traumatic brain injury
- Neck and back injury
- Death
Whatever the injury was in your pedestrian accident, the costs can be significant. A Phoenix personal injury claim can help provide compensation for these losses. The purpose of pursuing compensation for your injuries is to make it so that you and your family are not forced to pay for costs associated with your accident out of your own pocket. If another person or entity was responsible for your injury, you will be entitled to compensation.
Causes of Pedestrian Accidents in Phoenix
Pedestrian accidents are extremely dangerous, often causing serious injuries and death. Common causes include:
- Jaywalking: Jaywalking is defined as crossing a street outside of a crosswalk. Jaywalking is illegal in most states and can result in a citation. This is often the cause of pedestrian accidents because it puts the pedestrian in an unpredictable location and forces drivers to swerve or brake suddenly.
- Texting while walking: Texting while walking is becoming increasingly common, especially among young people. People texting while walking are not paying attention to their surroundings and are more likely to walk into traffic or trip and fall.
- Walking under the influence: Walking under the influence of drugs or alcohol can impair your judgment and make reacting to hazards in your path more difficult. This can lead to serious accidents, especially when crossing a street or walking near traffic.
- Distracted driving: Distracted driving is a significant problem on our roads today. Drivers who are texting, talking on the phone, or even just not paying attention can cause serious accidents. When pedestrians are involved, the results can be devastating.
- Poorly lit streets: Poorly lit streets can be dangerous for pedestrians, especially at night. If you’re walking on a road that doesn’t have good lighting, vehicles may not be able to see you until it’s too late.
- Speeding: Speeding is another major problem on our roads today. Drivers who are speeding are less likely to see pedestrians and more likely to cause serious accidents if they do hit someone. Speed limits are in place for a reason, and drivers need to obey them for the safety of all road users.
- Construction zones: Construction zones can be dangerous for pedestrians because they often involve heavy machinery and large vehicles moving around in close proximity to people on foot. If you’re walking near a construction zone, be sure to stay aware of your surroundings and stay clear of any areas where there might be potential hazards.
When to Hire a Phoenix Pedestrian Accident Attorney
As someone involved in a pedestrian accident, you may feel overwhelmed and uncertain about what to do next. You may be wondering if you need to hire a lawyer or if you can just handle the insurance claim on your own. While it is possible to file an insurance claim without a lawyer, there are several benefits to working with an experienced pedestrian accident lawyer.
One of the most significant benefits of hiring a lawyer is that they will be able to negotiate with the insurance company on your behalf. Although insurance companies are supposed to act in good faith, the reality is that they often try to take advantage of accident victims by offering them low settlements. If you have a lawyer representing you, the insurance company will know that you mean business and are not going to accept a low offer.
Another benefit of hiring a pedestrian accident lawyer is that they can help you gather evidence to support your claim. This might include medical records, eyewitness testimony, photos or videos of the accident scene, and more. Without this evidence, it will be difficult to prove your case and get the compensation you deserve.
Finally, having a lawyer by your side will give you peace of mind during what is likely a very stressful time. Instead of worrying about dealing with the insurance company or gathering evidence, you can focus on your recovery while your lawyer takes care of everything else.
What Are Your Rights After an Arizona Pedestrian Accident?
If somebody driving a car breaks a traffic law and causes an accident that injures you, it may be your right to pursue financial compensation. In Arizona, car accident victims typically seek compensation from the insurance company of the person who was at fault for the accident. The driver’s insurer may have to pay for your medical bills and other damages up to the policy limits.
It’s also your right to be treated fairly and to take your claim to court if necessary. When you file a claim with an insurance company, they may request evidence to support your case. If the insurer doesn’t seem to be treating you fairly, you might need to go to trial to win compensation, where your lawyer will need to prove that the defendant was more likely than not responsible for your pedestrian accident.
Your Phoenix Pedestrian Accident Lawyer Gathers All the Evidence
It is important to understand that you can only collect compensation for accidents that were caused by someone or something else, as proven by the evidence. Further, you can only collect on damages that you can prove with evidence that would be admissible in court. Working with a local Phoenix pedestrian accident lawyer ensures that the best evidence and case is put forward to ensure you receive the full amount you are entitled to.
Proving Negligence in a Pedestrian Accident Claim
If you’ve been injured in a pedestrian accident, you may be wondering if you have a case against the driver who hit you. Proving negligence isn’t always easy, but an experienced pedestrian accident attorney can help you work through the process and build a strong case so you can receive compensation for your injuries. Here’s what you need to know about establishing negligence in a pedestrian accident.
Duty of Care
The first element that must be established to prove negligence is duty of care. The law requires all drivers to act with reasonable care when operating their vehicles to avoid hurting other people. This means obeying traffic laws, driving at safe speeds, and being vigilant of other drivers and pedestrians on the road. Every driver on the road has this duty of care to the others on the road.
Breach of Duty
To prove breach of duty, or that the driver failed to fulfill their responsibility in preventing harm, attorneys will examine evidence such as witness statements and photos taken at the scene of the accident. They will also investigate whether any traffic laws were broken during the incident by either party (e.g., running a stop sign).
Causation
The third element of negligence is causation—demonstrating that the driver’s failure to operate a vehicle safely was the proximate cause of the accident.
Attorneys will use evidence such as medical records and expert testimony to establish this link between the driver’s actions and the occurrence of the accident.
Damages
Finally, it must be shown that you suffered actual damages as a result of your pedestrian accident—injuries or other losses such as medical expenses or lost wages, for example.
Your attorney will compile relevant documentation such as bills from medical providers and pay stubs from your employment when filing a claim on your behalf so that all damages can be accounted for accurately and fairly.
Determining Liability for a Pedestrian Accident
After the accident, you may be wondering who is liable for the damages caused. Examples of common liable parties include:
Negligent Drivers
One of the most common causes of Phoenix pedestrian accidents is negligent drivers. This includes poor judgment, distracted driving, or violating traffic laws such as speeding and running red lights.
Vehicle Manufacturers
Manufacturers of cars and other vehicles have a responsibility to make sure that their products are safe when used as intended. When vehicle defects lead to pedestrian accidents, it is possible to hold the manufacturer accountable if they failed to ensure safety standards were met.
Local Governments
Local governments may also be liable if they fail to maintain roads, traffic signals, or streetlights that contribute to an accident involving pedestrians. These municipalities must ensure that streets are adequately marked with signs and warnings as well as keep sidewalks free from debris and other obstructions that might lead to an accident.
Construction Sites
Construction sites often present hazardous conditions due to falling debris or road obstructions. Unsafe walkways around construction sites can also lead to pedestrian accidents for which construction owners may be found liable.
Pedestrian Partially at Fault
Under Arizona’s comparative negligence laws, an injured party is allowed to recover even if they are 99% at fault. The plaintiff’s monetary damages are then reduced by the amount for which they are at fault:
“The defense of contributory negligence or of assumption of risk is in all cases a question of fact and shall at all times be left to the jury. If the jury applies either defense, the claimant’s action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant’s fault which is a proximate cause of the injury or death, if any.”
What Damages Are Available in Pedestrian Accident Claims?
Depending on the severity of the accident and what injuries you sustained, there are different types of damages that you might be able to recover in your pedestrian accident case. If you’re successful, economic damages will be paid to you to reimburse you for financial losses you experienced as a direct result of the accident. The most common economic damages include:
Medical Expenses: This can include past and future medical bills, costs of rehabilitation, costs of medication, and any other expenses related to the care and treatment of injuries sustained in the accident.
Lost Wages: If you are unable to work because of your injuries, you may be able to recover lost wages. This can include lost salary, bonuses, tips, and commission. If you are permanently disabled and unable to return to work, you may be able to recover future lost earnings.
Property Damage: You should be able to recover the cost of repairing or replacing any property that was damaged in the accident. This can include damage to a vehicle or personal belongings.
You may also be eligible to recover non-economic damages. Non-economic damages are those that do not have a specific monetary value and are more subjective. They can include pain and suffering, mental anguish, loss of companionship, and loss of enjoyment of life.
Statute of Limitations for Filing a Pedestrian Accident Claim
If you’re injured in a pedestrian accident in Arizona, you must file a personal injury lawsuit by a specific deadline, or you will be prohibited from pursuing a claim and trying to obtain compensation. This is called the statute of limitations. The statute of limitations in Arizona for these types of claims is two years from the injury date. The timeline is even shorter if your claim is against a government entity. It’s important to speak with a lawyer as soon as possible to ensure you don’t miss the deadline.
How Much Does a Phoenix Pedestrian Accident Attorney Cost?
The cost of legal help can be intimidating but understanding the basics of hiring an attorney will help you make an informed decision about what’s best for your case.
In most cases, pedestrian accident lawyers are paid based on contingency fees. Under this arrangement, the victim only pays the attorney if they win or settle the case successfully. Attorneys usually take between 33-40% of the compensation awarded in a verdict or settlement.
If they don’t win or settle the case, the victim doesn’t owe the lawyer anything.
There may be other expenses involved in building and filing your case. For example, an expert witness may need to be hired. In some circumstances, the victim owes these fees even if the case isn’t successful. Always make sure that these charges are discussed upfront so that there is no confusion about how much you’re going to owe.
Phoenix Pedestrian Accident FAQs
Do I Need a Lawyer or Can I Handle My Pedestrian Accident Case on My Own?
The short answer is yes, you should absolutely speak with a lawyer if you are involved in a pedestrian accident. The rules and laws governing the situation can be difficult to interpret without legal expertise.
An experienced personal injury lawyer knows how to properly handle your case and ensure that you get the compensation that you deserve. Without a lawyer, it’s likely that insurance companies will try to take advantage of you and you won’t receive what you’re truly entitled to.
What Are the Most Common Causes of Pedestrian Accidents?
The most common causes of pedestrian accidents include distracted driving, drunk driving, speeding, running stop signs or red lights, failure to yield, and failing to check for pedestrians before making a turn. All these factors can lead to serious injury or even death for pedestrians who are involved in an accident.
Should I Speak With My Insurance Company?
Absolutely. However, it is highly recommended that you speak with an attorney before speaking with your insurance company as they may try to minimize your claim or deny responsibility altogether. Your attorney will be able to advise you on how best to interact with your insurance company so that they do not take advantage of you during this difficult time.
Connect with a Phoenix Pedestrian Accident Lawyer To Discuss Your Case
After a serious injury, swift action is extremely important. As time passes, evidence may disappear and eyewitnesses may become unreliable. The longer you wait to begin building your own case, the more time you give an insurance company to build one against you.
If you choose to work with The Entrekin Law Firm, we’ll begin working on your behalf immediately. Our pedestrian and car accident attorneys in Phoenix will collect evidence, handle all interactions with insurers, and allow you to focus on recovery.
For your risk-free, cost-free assessment of your pedestrian accident, call or submit a contact form today. We’re standing by to discuss options on how we can help you make the most of your case so you can move on from your accident.