Pedestrians are vulnerable when they use the roads. A collision with a vehicle poses far more danger to the person on foot than to the occupants of the car or truck. Pedestrians struck by motor vehicles could suffer severe injuries or death, and drivers almost always bear some responsibility for the incident.
The law allows an injured person to claim compensation from the party whose negligence caused their injury. A Tempe pedestrian accident lawyer could help injured people understand their options after an accident. Reach out to the Phillips Law Group today to speak with a dedicated personal injury attorney with over 30 years of experience guiding locals through the legal process and advocating for their best interests.
Rules of the Road for Pedestrians
A person traveling on foot, being pushed in a buggy or stroller, or using a wheelchair is a pedestrian. Pedestrians have the right to use the roads, but like drivers, they must obey the law.
Pedestrians must use sidewalks when available, and when they are not available, travel on the left side of the road facing oncoming traffic. Pedestrians should use marked crosswalks to cross a street whenever possible, and if an intersection has traffic signals, they should obey the signal. If a pedestrian crosses somewhere other than a marked crosswalk, they must yield to oncoming traffic.
A driver is responsible for avoiding pedestrians, even when the pedestrian violates the law. Drivers who hit pedestrians are at least partially responsible for the incident and could be liable for a portion of the pedestrian’s damages. A Tempe attorney could gather the evidence necessary to prove fault.
Establishing the Cause of a Pedestrian Accident
Arizona uses a fault-based system for car accidents, which means the insurer for the at-fault driver is responsible for paying the damages of anyone who suffers injuries or other losses. A pedestrian claiming damages must prove that the driver’s negligence was a direct cause of their injuries.
Police usually come to the scene of pedestrian accidents, and the police report is often valuable evidence that could help establish a driver’s responsibility. A Tempe attorney could present any citation the driver received as evidence that the driver was not operating their vehicle with appropriate care and negligently harmed the pedestrian. A legal professional could also review witness statements, video recordings, photographs of the scene, skid marks, and other physical evidence to prove driver negligence.
Shared Fault
Pedestrians are sometimes partially to blame for an accident. Arizona Revised Statutes § 12-2505 allows a negligent pedestrian to pursue damages after an accident, but they may collect only the portion of their damages attributable to others’ conduct. A pedestrian who was 50 percent responsible for an accident can collect only half their damages. Allocating responsibility is usually the subject of spirited negotiations between the parties. If they cannot agree and a case goes to trial, a jury decides how much fault each party bears.
Ensuring an Appropriate Settlement for Pedestrian Accidents
Pedestrian accidents can cause significant injuries requiring extensive medical intervention, and often leading to permanent changes in a person’s lifestyle. The pedestrian’s damages could include reimbursement of medical expenses and lost income, plus compensation for the pedestrian’s pain, suffering, and reduced quality of life.
An at-fault driver’s insurance company pays the injured pedestrian’s damages, but only up to the driver’s coverage limits. The minimum coverage in Arizona is $25,000 for injuries to one person, and an injured pedestrian’s medical expenses alone could easily exceed that amount. A Tempe attorney could ensure a pedestrian receives adequate compensation by looking for other sources of insurance coverage.
If multiple vehicles were involved, the other drivers might share liability for the accident. A legal professional could investigate whether a mechanical issue with any of the involved vehicles contributed to the crash and, if so, file a claim against the manufacturer. The locality where the incident occurred might be liable if road conditions were a factor. If an involved driver was drunk, the bar or restaurant that served them alcohol could be responsible for an injured pedestrian’s damages in some cases.
Trust Your Pedestrian Accident Case to a Tempe Attorney
Pedestrian accidents can produce devastating injuries that will impact you for the rest of your life. You deserve appropriate compensation from the parties whose conduct harms you.
A Tempe pedestrian accident lawyer could bring their years of experience to bear on your behalf. Call the Phillips Law Group today to discuss your case with a seasoned team member who is not afraid to defend your rights aggressively.
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