Anyone who has spent time in Arizona understands that pedestrians are a regular sight, especially in the state’s larger cities. Not only do millions of tourists come every year to enjoy what it has to offer, but people who live and work here tend to take advantage of the climate at times and use their feet for healthy transportation. Unfortunately, this tends to lead to pedestrian accidents, and many of them occur in crosswalks, resulting in the need for competent Phoenix, AZ pedestrian accident lawyers.
Our trusted personal injury attorneys have represented pedestrians in crosswalk accidents for many years and work to compensate victims to the fullest extent of the law. Below you’ll find information regarding pedestrian accident statistics, the manner in which a negligence standard would apply to these situations, the types of damages that could become relevant for someone who has been injured in a crosswalk accident, and finally, how you should proceed if you or someone you love has been injured in a pedestrian accident and you need the help of an attorney.
Unfortunately, pedestrian accidents in Arizona occur at an alarming rate. Statistics indicate that every year, more than 1,500 such accidents occur, and these accidents lead to more than 1,300 injuries and more than 100 fatalities.
Sadly, Arizona is the fifth deadliest state in the nation for pedestrians, according to the National Highway Traffic Safety Administration and AZ Central. Although the city of Phoenix city plans to spend $10 million a year to implement a road safety action plan that includes the goal of reducing serious injuries and deaths, for now, there are still many improvements to be made, and pedestrians need to be aware of their rights if they’re injured in an accident.
In addition to the overall statistics, the numbers regarding crosswalk accidents in Arizona are also extremely troubling. Of those people who are injured in pedestrian accidents, hundreds of them occur when someone is crossing a road.
It should come as no surprise that the volume of pedestrian accidents is much higher during daylight hours, but the percentage of these accidents that leads to serious harm is higher at night.
When someone is injured or worse in an Arizona crosswalk accident, those who have been harmed may have legal options that include the filing of a personal injury lawsuit with the help of our Phoenix, AZ pedestrian accident attorneys. If such a lawsuit was filed, its result would largely depend on the specifics of the accident at issue. Those specifics will determine which party was negligent and whether comparative negligence is an appropriate consideration.
Crosswalks in Arizona are governed by basic traffic laws. Pedestrians are allowed to cross the streets of the state inside these crosswalks and when a traffic signal allows them the opportunity to cross. At intersections where there is no electronic traffic signal, pedestrians are expected to look both ways for oncoming traffic and to cross inside the crosswalk when it’s safe to do so. Once a person is in a crosswalk and has entered it reasonably, that pedestrian has right-of-way relative to other travelers. This tends to be where Arizona crosswalk accidents occur at the highest rate.
Motorists may assume that either they have the right-of-way in a particular situation or they misjudge whether or not their continuation on their path will put the pedestrian in danger. Another leading cause of Arizona crosswalk accidents is when a motorist is distracted and does not see a pedestrian in the street. This type of gross negligence absolutely deserves the attention of an effective accident injury attorney.
Generally, the situations described above would lead to a finding that the person that harmed a pedestrian was negligent, and would entitle the pedestrian to obtain damages that compensate him or her for medical costs, lost income, and pain and suffering among other forms of compensation.
However, there are situations where both a pedestrian and a motorist are at fault for an accident. When this situation arises, Arizona uses what’s known as the pure comparative negligence standard. In these cases, the court will decide which party is responsible for which percentage of the total fault, and if the defendant is liable for any of the harm the plaintiff’s damages are reduced by the amount that he or she was also negligent. These cases tend to arise when a pedestrian was crossing against traffic or suddenly darted into the street without much of an opportunity for the motorist to avoid the collision. A Phoenix, AZ pedestrian accident attorney could help you defend against allegations of shared fault.
As discussed above, your chances of success with a pedestrian injury lawsuit against a negligent driver will depend mainly on two things: how effectively you can prove that the driver was at fault for the incident instead of you, and what “damages” you can prove you have suffered or will suffer as a direct result of the incident. The standard of proof in both regards is “based on a preponderance of the evidence”—less strict than the “beyond a reasonable doubt” standard for criminal cases, but still difficult to meet without support from legal counsel.
Certain types of evidence within that “preponderance” can help meet both of the aforementioned goals. For instance, comprehensive medical records from your doctors can help prove both that you suffered an injury serious enough to justify a lawsuit in the first place and that you are likely to experience specific financial and personal losses because of those injuries. Other key pieces of evidence for cases of this nature may include:
A Phoenix, AZ pedestrian accident attorney can offer preliminary guidance about what you may need to support your potential case during a free, no-obligation consultation.
Beyond just helping you track down important evidence and incorporate it into the strongest possible civil claim, a skilled pedestrian accident attorney from our Phoenix, AZ office can also help you build your case as quickly as possible. This is important because of the “statute of limitations” for personal injury claims in Arizona, which typically allows injured people no more than two years to file suit after initially sustaining harm.
There are a few circumstances under which this deadline can be “tolled,” or pushed back, for a certain period of time. In general, though, this is a hard deadline for you to begin the litigation process, which courts will strictly enforce regardless of how severe your injuries are, so contacting legal counsel sooner rather than later after your accident could be key to protecting your rights.
In the event a pedestrian accident directly results in someone’s premature death, the deceased person’s surviving spouse, child(ren), parent(s) or guardian(s), and/or estate representative may be able to file a “wrongful death” lawsuit in that person’s name. The purpose of this claim would be to recover for losses sustained by those immediate family members and/or the decedent person’s estate as a direct result of their premature death, such as:
There is a two-year filing period for this type of case as well, but instead of starting on the date of the deceased person’s accident, that filing period starts on the date of their death. Our compassionate Phoenix, AZ attorneys can help you seek justice on behalf of your loved one after a fatal pedestrian accident.
Accidents on the road don’t just impact people in vehicles – pedestrians can be hurt or killed in accidents on the street as well, and a victim may not know their rights if they’re injured in a pedestrian accident.
The Phoenix, AZ pedestrian accident lawyers at Phillips Law Group can help victims of pedestrian accidents and their families. If you or a loved one has been injured in such an incident, you need an experienced attorney to determine the responsible parties and bring them to justice.
Pedestrians who survive their traffic accidents could deal with expenses that include medical care, rehabilitative care, the impact of lost wages, and more. If you’ve been the victim of a pedestrian accident, please don’t hesitate to contact the team at Phillips Law Group to see if you have a case and may be able to recover damages.
There is no fee for the initial consultation when you first contact us – you only pay us if we successfully recover compensation on your behalf! Give the Phillips team a call today and learn about all of your legal options.
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