Pedestrians are at risk when they walk beside or on the public roads. Although motorists have an obligation to yield to people on foot, many drivers do not notice them until it is too late.
When a collision causes injuries, the negligent driver is responsible for paying compensation to the hurt pedestrian. Contact a Tucson pedestrian accident lawyer for help holding a responsible party accountable for the harm they caused with a personal injury claim.
Pedestrian accidents usually happen because a motorist does not see the person on foot. Sometimes their inattentiveness is the result of a distraction, like texting while driving, and sometimes it is the result of impairment, like a health condition that impacts peripheral vision, or driving drunk.
Pedestrian accidents frequently happen in parking lots and when drivers are backing out of driveways. Children are often the victims of these types of accidents, because they may be too small for a driver to see in their rear-view and side mirrors. Pedestrians walking on the roads at night without reflective gear also risk being hit by a car that cannot see them.
Pedestrian accidents also often happen at intersections. A driver might proceed through a stop sign or make a turn without noticing a person in a crosswalk. In any of these scenarios, a Tucson pedestrian attorney could review accident reports, video footage, witness statements, and other information to determine whose conduct contributed to the accident.
People walking, running, and exercising their dogs are considered pedestrians, but so are people using motorized wheelchairs. When scooter riders and cyclists travel on the road, they are classified as motorists, but when they travel on a sidewalk or in a crosswalk, they are considered pedestrians.
Pedestrians must use sidewalks when they are available. When there is no sidewalk, they may travel on the road, but must stay as far to the side of the shoulder as possible. Pedestrians must also travel facing traffic. Arizona Revised Statutes § 28-793 requires pedestrians to cross at marked crosswalks and use pedestrian tunnels or raised walkways whenever they are available. A pedestrian crossing at any other point must yield the right of way to oncoming traffic.
Adhering to the laws governing pedestrians is crucial because failing to do so is evidence of negligence. If a jury thinks a pedestrian has some responsibility for an accident, they could reduce the injured person’s compensation by an amount equal to their degree of fault. A pedestrian who could be partially responsible for an accident should secure representation from an experienced Tucson attorney.
When a pedestrian brings a claim for injuries suffered in an accident they must prove another party, like the driver who hit them, is liable. Liability attaches when a person is negligent and their negligence was the cause of the event that caused the injuries.
Proving negligence is a multi-step process. First, a Tucson attorney bringing a pedestrian accident claim must demonstrate that the defendant (the responsible party) had a duty to the plaintiff (the injured person), and the defendant breached the duty. All drivers have a duty to use reasonable care to prevent harm to others using the road, so proving that the driver was careless or reckless can establish the breach of the duty.
Finally, a plaintiff must prove they suffered actual losses as a direct result of the injury. The losses cannot be speculative; a plaintiff must provide proof of either financial harm, intangible damages like physical pain, or both.
A pedestrian who sustains injuries in an accident could claim compensation from the responsible party, who is usually the driver of the vehicle that hit them. If the pedestrian can prove the driver’s fault, their insurance company must pay the claim up to the driver’s coverage limits. The driver is personally liable for the portion of a pedestrian’s losses that exceeds the coverage limits.
Compensation should cover the pedestrian’s expenses for medical care, income they lost due to the accident, and damage to their property. A pedestrian also could claim compensation for their embarrassment, inconvenience, physical pain, disability, emotional distress, and similar effects of the accident.
When a Tucson pedestrian accident attorney notifies a driver or their insurer of the claim, they demand a specific amount of compensation. The insurance company usually makes a counteroffer and negotiations proceed until the parties reach a settlement. In rare cases, negotiations are not fruitful, and the matter must be resolved in court. Our firm is not afraid to advocate in a courtroom setting for the maximum compensation an injured pedestrian deserves.
When a case goes to trial, a plaintiff might seek punitive damages in addition to compensatory damages. Punitive damages are not routinely available, but could be possible when there is proof the responsible party was grossly negligent or acted intentionally.
Punitive damages are extra money a court orders a defendant to pay a plaintiff as punishment for the defendant’s outrageous conduct. In a pedestrian accident case, a court might grant punitive damages if a defendant was driving drunk, or a vehicle manufacturer hid a safety problem to protect its profits.
Although claims for injuries suffered in a pedestrian accident are typically directed at a driver, others could be liable in some circumstances. When an injured person in Tucson works with an experienced attorney at Phillips Law Group, they can be assured the legal team will investigate thoroughly to identify all parties who could be liable for the pedestrian accident.
If the driver was working when the incident occurred, their employer could be liable. Sometimes a mechanical problem with the vehicle caused the crash—in that case, the manufacturer might be responsible. If issues with road design or maintenance contributed to the accident, the unit of government that oversees that road might be liable. If the driver was inebriated, the establishment that served them could be liable in some cases.
People often suffer permanent injuries in pedestrian accidents, and a driver’s personal liability coverage may not be sufficient to provide adequate compensation. Finding others with legal liability for the incident expands the pool of insurance coverage and helps ensure an injured person obtains sufficient damages to provide for their care.
Dealing with practical matters like legal claims can be challenging after a serious accident. Even so, it is critical for an injured person to seek legal advice as quickly as possible.
The time frame for bringing a lawsuit is defined by laws called statutes of limitation. For pedestrian accidents the statute of limitations requires an adult to file a lawsuit within two years of their injury. People who were minors when they were injured have two years from their 18th birthday to bring a lawsuit, but the chances of receiving fair compensation are better when a parent or guardian sues on the child’s behalf soon after the incident.
When a unit of government might bear some responsibility for the accident, an injured person must file a notice of their claim within six months of the accident. They have no recourse if they miss the deadline. A Tucson pedestrian accident attorney can investigate to determine whether a government entity might have liability for a pedestrian accident and if so, ensure all notices are filed promptly to preserve the claim.
Pedestrian accidents often cause severe physical and psychological injuries. The motorist whose negligence led to the accident must pay for the harm they did to you.
A Tucson pedestrian accident lawyer will put their legal knowledge, investigatory prowess, and negotiating skills to work for you. They will not back down until they have obtained a fair settlement. Speak with a seasoned attorney about your situation today.
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