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.
How Pedestrian Accidents Happen
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.
Laws About Pedestrians
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.
Seeking Compensation for Injuries Sustained in a Pedestrian Accident
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.
Work With a Tucson Attorney to Pursue Compensation After a Pedestrian Accident
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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