As cars and trucks have gotten bigger and smartphones have become more common across America in recent years, pedestrian injuries and fatalities in motor vehicle accidents have unfortunately been on a fairly steady rise. To make matters worse, effectively filing suit against a driver who struck and injured you while walking can be a lot more challenging in practice than you might expect, especially if you need to recover for the effects of permanent and life-altering injuries.
In a situation like this, representation from a Flagstaff pedestrian accident lawyer can be vital to protecting your best interests not just in the short term, but possibly for years and even decades to come. Once retained, a dedicated personal injury attorney from Phillips Law Group will fight tenaciously to get you paid every cent you deserve for your damages, even if that means taking your claim all the way to a civil courtroom.
What Rights Do Pedestrians Have on the Road?
Under Arizona Revised Statutes § 28-792, a pedestrian who is inside a marked or unmarked crosswalk with a “walk” signal or with no signaling sign at all always has the right-of-way over oncoming drivers, provided that the pedestrian does not walk or run in front of oncoming traffic without giving the driver enough time to safely slow down and stop. This section of state law also prohibits drivers who are approaching a car stopped to allow a pedestrian to cross at a crosswalk from maneuvering around and overtaking the stopped car.
Any driver who violates this law or any other traffic law and strikes a pedestrian as a direct result of their unlawful act can be considered legally “negligent” if the incident causes any injury to the pedestrian that is serious enough to require professional medical care. This, in a nutshell, is how a Flagstaff pedestrian accident attorney can help an injured pedestrian sue a negligent driver under the same legal theory that allows drivers to sue over collisions between motor vehicles.
Seeking Fair Financial Recovery Within Filing Deadlines
A comprehensive lawsuit or settlement demand based on a collision between a car and a law-abiding pedestrian can seek restitution for both economic and non-economic consequences of the wreck, including:
- Emergency medical expenses and expected future care costs
- Lost work income, benefits, and/or long-term earning capacity
- Personal property damage/loss
- Physical pain and discomfort
- Mental anguish and psychological trauma
- Lost enjoyment/quality of life, and other effects of permanent disability if applicable
Even if a pedestrian suffers a life-altering or life-threatening injury from this sort of incident, though, they generally only have two years under A.R.S. § 12-542 to formally file suit against the person or people responsible for injuring them. Otherwise, as a pedestrian injury lawyer in Flagstaff can further explain, a court would almost certainly throw their case out for being “time-barred,” and they would have no legal means of ever demanding compensation for that particular accident.
Contact a Flagstaff Pedestrian Accident Attorney Today
Pedestrians who end up involved in traffic accidents are much more likely to sustain severe injuries compared to anyone inside an enclosed motor vehicle. Unfortunately, that fact does not prevent many drivers in Arizona from acting irresponsibly — or sometimes even intentionally aggressively — around people walking near their vehicles.
You have a right to demand comprehensive financial restitution from anyone who causes you to suffer physical harm by acting negligently around you on the road. Call today to speak with a member of our team about your legal options and learn what a skilled Flagstaff pedestrian accident lawyer from Phillips Law Group can do for you.
Your initial consultation is free, and you are under no obligation to work with us after this meeting. Additionally, we do not collect any fees from you unless we are successful in recovering compensation on your behalf. Please reach out to learn more today!
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