Motor vehicle drivers have a duty to drive responsibly and lawfully. Unfortunately, some drivers are negligent, which can lead to their vehicles striking and severely injuring pedestrians who are lawfully crossing the road.
If you were struck by a car while in a crosswalk recently, you may have substantial grounds to seek civil restitution. However, an experienced attorney can tell you that these types of cases are more legally complex than you might expect. Seeking help from an experienced Phoenix, AZ pedestrian crosswalk accident lawyer at Phillips Law Group can have a significant impact on the speed and success of your claim and recovery.
According to Arizona Revised Statutes § 28-792, motor vehicle drivers are required to yield to pedestrians who are in a crosswalk. Any driver who fails to slow down or stop and strikes a pedestrian, or who hits a pedestrian after illegally overtaking another vehicle that had yielded in a crosswalk, can very likely be held at fault in civil court for ensuing injuries and losses.
That said, pedestrians also have a duty not to suddenly step off a curb or move into the path of an oncoming vehicle in a way that makes it impossible for the driver to avoid hitting them. As a pedestrian crosswalk injury attorney in Phoenix, AZ can further explain, if a court finds that a pedestrian contributed to the collision, they may be held at comparative fault for their injuries, which would consequently reduce the total amount of compensation available to them.
Where there is no comparative fault, a settlement demand for a crosswalk collision injury can include short- and long-term, as well as economic and non-economic, losses stemming from that injury, including:
If a pedestrian crosswalk accident in Phoenix, AZ results in an irreversible and debilitating injury, there is typically a maximum of two years after the date of the injury to instruct a lawyer to file suit, as per A.R.S. § 12-542. A knowledgeable lawyer’s support can be fundamental to constructing and filing a compelling claim within this strictly enforced statute of limitations.
If you are lawfully in a crosswalk when a vehicle strikes you, your injuries may constitute strong grounds upon which to base a civil lawsuit. As experienced attorneys know, however, this does not mean that you are guaranteed a successful result, especially if you try to pursue your claim alone.
A Phoenix, AZ pedestrian crosswalk accident lawyer from Phillips Law Group can provide the personalized legal guidance you need to successfully pursue compensation. Call today to discuss your options during a free, no-obligation consultation.
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