Pedestrian deaths in automobile accidents have risen sharply in the United States over the past several years, peaking in 2023 at over 7,500 fatalities nationwide according to the Governors Highway Safety Association. Even if a collision between a car and an unprotected pedestrian does not result in fatal injuries, it may still cause debilitating and permanent harm to the pedestrian(s) involved, most of whom did absolutely nothing wrong and have nonetheless sustained life-altering injuries due to someone else’s misconduct.
Getting injured under circumstances like these can be traumatizing and infuriating in equal measure, and enforcing the rights you have under civil law to demand compensation for your ensuing losses can be virtually impossible without a skilled personal injury attorney’s help. Fortunately, the support you may need is available from a Prescott pedestrian accident lawyer with experience helping people like you through similar cases successfully in the past. Call Phillips Law Group today to learn more.
What Evidence Is Important for Pedestrian Crash Claims?
Anyone who has been struck and injured by a negligent driver while walking would be forgiven for thinking that a court would almost certainly side with them during a civil lawsuit over the incident, given how obvious it is that they were not to blame for their injuries. In reality, though, courts will not automatically side with anyone in a personal injury claim, and an injured pedestrian will need to prove through a “preponderance” — essentially, a majority — of available evidence that their injuries more likely than not stemmed directly from the misconduct of their named “defendant(s).”
This means it is crucial after a pedestrian accident for an injured person to collect and preserve as much evidence as possible that could be relevant to a future civil claim, paying particular attention to things like:
- Comprehensive medical records detailing the nature and severity of their injuries
- Photos/videos of the accident scene, as well as their injuries at various stages of healing
- Testimony from eyewitnesses
- Footage from surveillance/dashboard camera which captured the accident happening
Among many other things, a Prescott pedestrian accident attorney can help track down vital information and potentially enlist help from qualified experts in order to establish how a crash happened and exactly who is to blame for it.
Getting Around Common Obstacles to Recovery
Another thing worth noting about pedestrian accident litigation is that it is not impossible for injured pedestrians to be found partially at fault for their own injuries by a court. Any amount of “comparative fault” assigned to an injured pedestrian based on their own negligent behavior — for example, trying to cross the street outside of a crosswalk, or stepping out suddenly into traffic from out of an oncoming driver’s view — could be held against them as a proportional reduction from their final damage award, in accordance with Arizona Revised Statutes §12-2505.
A pedestrian injury lawyer in Prescott can fight on an injured person’s behalf to contest allegations along these lines and maximize available recovery. They can also ensure an injured pedestrian does not run afoul of the “statute of limitations” codified in A.R.S. §12-542, which generally gives people injured through the negligence of others a maximum of two years after their injury first occurs to file suit over it.
Let a Prescott Pedestrian Accident Attorney Help
Collisions between cars and pedestrians virtually always have much worse outcomes for the latter compared to the former. Despite that, you may have a surprisingly hard time recovering fair compensation — or possibly any compensation at all — for the harm you have sustained from an incident like this, especially if you try to do it alone.
Representation from a compassionate Prescott pedestrian accident lawyer can make a world of difference in how efficiently and effectively you get through the litigation process and what chances you have of achieving a favorable outcome from it. Call Phillips Law Group today to speak with one of our team members about your recovery options. We look forward to putting our 30 years of experience in the local community to work for you! Give us a call to learn more.
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