Getting hit by a car as a pedestrian might be one of the most traumatic and physically damaging events a person could experience. When a motorist’s negligence caused the accident, an injured pedestrian could hold them responsible for paying for their losses.
Pedestrian accidents can be legally complex, and you should work with an injury attorney with experience in these types of cases. A Tolleson pedestrian accident lawyer could ensure you receive appropriate compensation and protect your legal rights throughout the process.
When a car hits a pedestrian, severe injuries and even fatalities often result. A person might be badly hurt even if the vehicle was not traveling fast when the contact occurred.
The type and severity of the injuries depend on the size and weight of the vehicle, the age and overall condition of the pedestrian, which part of the body made contact with the vehicle, and many other factors. A Tolleson accident attorney represents pedestrians who have sustained the following serious injuries, among others:
In addition to physical injuries, the psychological trauma of being hit by a car can be disabling.
Recovering from a pedestrian accident can take months or even years. Sometimes, the injuries are permanent, and the person will require medical support for the rest of their life. Our team could identify all the parties with responsibility for the accident and hold all of them accountable.
When a motorist causes an accident, their insurance is responsible for paying compensation to anyone who sustains harm. Unfortunately, most drivers’ policy limits are insufficient to cover the expense of a severe injury. The driver would be personally responsible for any losses above their insurance limits, but many drivers do not have enough assets to cover a large damages award.
Any person, corporation, or local government could be liable to pay compensation to an injured pedestrian if their negligence contributed to the incident. A Tolleson attorney could investigate a pedestrian incident to find others who might be liable. Depending on the circumstances, potentially responsible parties could include a vehicle manufacturer if a mechanical failure played a role in the accident. If the driver was working when the accident occurred, their employer might be liable. If alcohol was a factor, the establishment that served the driver might share responsibility.
Sometimes poor lighting, bad road design, poor surface maintenance, or similar factors are partially responsible for an accident. The property owner, or a local government if the incident occurred on a public road, might have responsibility in these cases. Special procedural rules govern claims against government agencies, so it is essential to work with an experienced attorney.
Legal time limits define how long an injured person has before they must file a lawsuit. Arizona Revised Statutes §12-542 allows an injured pedestrian two years to file a lawsuit seeking compensation. When a child suffers an injury, the two-year period does not begin until they turn 18. However, it is usually beneficial for their parent or guardian to file on their behalf within two years of the accident.
Preserving the legal right to sue is important, but there is another compelling reason to engage a Tolleson attorney soon after a pedestrian accident. Insurance companies for negligent drivers often approach injured people very soon after an accident with settlement offers. A badly injured person might be concerned about how to pay the bills while they recover and be tempted to accept the offer, which is almost always just a fraction of their claim’s true value.
When an injured person has legal representation, insurance companies and potentially responsible parties cannot communicate directly with them, but must go through the attorney’s office. The injured person and their family are insulated from pressure tactics, and the legal professional can force the responsible parties to negotiate reasonable compensation in good faith. If negotiations do not yield the desired results, our team is not afraid to advocate on behalf of injured pedestrians in court.
When you suffer the severe injuries that are typical of pedestrian accidents, you may require a long time to heal. You do not have the time or energy to spend negotiating appropriate compensation with insurance companies.
Work with a Tolleson pedestrian accident lawyer to help you get the maximum available compensation, given your circumstances. Schedule a consultation with an experienced attorney from the Phillips Law Group today.
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