While activities like walking or jogging are a great option for getting around, sharing the road with motorists is not without its hazards. Pedestrian accidents involving people on foot getting struck by a vehicle are often catastrophic.
In many cases, a negligent driver has responsibility for a pedestrian accident. The injured person could seek compensation for their physical and emotional suffering, lost income, medical treatment, and other expenses. Contact a Mesa pedestrian accident lawyer from the Phillips Law Group for more information about pursuing a personal injury claim.
Know the Laws Governing Pedestrians
Pedestrians sometimes believe they always have the right of way on public roads. Although drivers have an obligation to be aware of people on or near the road and avoid hitting them, pedestrians do not always have the right of way.
The law requires pedestrians to use sidewalks when they are available and to walk single file facing oncoming traffic on roads without sidewalks. Pedestrians have the right of way in crosswalks, but must obey any traffic lights or signals and be careful not to step into the road in front of oncoming traffic. If there are no crosswalks, a pedestrian must wait until all traffic has passed before crossing carefully.
Arizona Statute § 12-2505 allows a driver to reduce their liability if they can shift some of the blame onto the injured person. Violations of the pedestrian laws could be proof a pedestrian was not being reasonably cautious. A Mesa attorney could defend a pedestrian’s actions and ensure they do not assume more than a fair share of the fault for an accident.
Steps Pedestrians Can Take to Stay Safe
Drivers who hit pedestrians often say they did not see them. Pedestrians should do what they can to make themselves visible. Someone using a wheelchair on the road should use flags or other markers. Anyone walking on the road should dress in bright colors or wear a safety vest. When walking at night, pedestrians should wear reflective clothing and carry a flashlight or use a headlamp.
Additionally, walking along public roads while intoxicated is irresponsible and could lead to an accident. The US Centers for Disease Control reports that alcohol is involved in a significant percentage of pedestrian accidents, and in about a third of these, the pedestrian was the impaired party. People who have had too much to drink should get a ride rather than trying to walk home while drunk.
Proving Driver Negligence Caused an Incident
Anyone who seeks compensation for injuries in a pedestrian accident must prove the driver was negligent, meaning they did not use appropriate caution, and their lack of caution caused the injury. A Mesa attorney could investigate a pedestrian accident to acquire proof of the driver’s negligence.
Pedestrian accidents often happen because a driver violated laws relating to:
Failing to use turn signals or yield the right of way to a pedestrian in a crosswalk also causes pedestrian accidents.
A driver can be negligent even if they do not violate a law. Failing to consider the effects of weather or focusing too intently on the road ahead while ignoring the shoulder could be negligent. Witness statements, traffic cams, surveillance video, and the driver’s admissions can help prove a driver was negligent and owes compensation to an injured pedestrian.
Consider Legal Options Immediately
An injured adult has two years to file a lawsuit seeking compensation for injuries received in a pedestrian accident. When the injured pedestrian is a child, they have until two years after their 18th birthday.
In most cases, a child is better served if their parent or guardian files a lawsuit for them within two years of the accident. If significant time passes, evidence might be lost or damaged, witnesses’ memories might fade, and the negligent party might leave town or pass away.
Taking swift action is especially important if the state or a local government or agency is a possible defendant in the action. This situation could arise if the vehicle that hit the pedestrian was a school bus or other vehicle owned or operated by the government, or when road maintenance or design is a factor in the incident. In such cases, a pedestrian has only six months after the accident to notify the appropriate agency of the claim. Engaging a Mesa attorney immediately can preserve an injured pedestrian’s rights by ensuring all paperwork is filed on time.
Engage a Mesa Attorney to Pursue Compensation After a Pedestrian Accident
Pedestrian accident injuries could require substantial recovery time. You benefit by focusing on healing and allowing a legal professional to handle your compensation claim.
Explore your options with a Mesa pedestrian accident lawyer. Call today.
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