In the dynamic and ever-evolving landscape of urban and suburban environments, pedestrian safety is a critical concern. Pedestrian accidents are unfortunately common and can result in severe injuries or even fatalities. Understanding what constitutes a pedestrian accident case in Arizona is essential for those who may find themselves in such unfortunate circumstances. The legal framework surrounding these cases is intricate, requiring a comprehensive understanding of various factors, from the circumstances of the accident to the specific laws governing pedestrian safety in Arizona.
Founding Partner Founding Partner
Quacy L. Smith
James M. Green
Defining a Pedestrian Accident
A pedestrian accident occurs when a person on foot is struck by a vehicle, bicycle, or any other mode of transportation. These accidents can happen anywhere pedestrians and vehicles share space, such as crosswalks, sidewalks, parking lots, or even in areas not designated for pedestrian use. The severity of injuries sustained in these accidents can range from minor bruises to life-threatening conditions, depending on the speed of the vehicle and the point of impact. Pedestrian accidents can involve a range of scenarios, including but not limited to, distracted driving, failure to yield, speeding, and driving under the influence.
Legal Framework for Pedestrian Accidents in Arizona
In Arizona, the law provides specific protections for pedestrians, recognizing their vulnerability compared to motor vehicle occupants. The Arizona Revised Statutes contain several provisions aimed at ensuring pedestrian safety. For instance, drivers are required to yield the right-of-way to pedestrians crossing the road within any marked or unmarked crosswalk at an intersection. Furthermore, Arizona law mandates that drivers exercise due care to avoid colliding with pedestrians and give an audible signal when necessary. However, pedestrians also have responsibilities, such as using designated crosswalks and obeying traffic signals. When these laws are violated, and a pedestrian is injured as a result, a legal claim can be made against the at-fault party.
My loved one recently hired Smith & Green Attorneys of Law. They were awesome. They went the extra mile to make sure everything was taken care of. They really take care of their clients. They took the time to answer questions and to explain in detail what was happening, step by step. - Juanita McMillan This is an exceptionally great law firm, everyone is extremely helpful, knowledgeable and makes sure to be there with you every step of the way. I spoke to Rylan Williams whom is an amazing legal assistant, he clarified my every concern and the communication has been great from the beginning, thanks to him I was able to be at ease knowing my issue is in the best hands possible at Smith & Green Law Firm." - Adriah Williams I had a fantastic experience with this law firm! Their team was extremely knowledgeable, responsive, and professional throughout the entire process. They guided me step by step and helped me achieve a successful outcome. Highly recommend!" - Sika S.
Totally recommend their service.”
Establishing Liability in Pedestrian Accident Cases
One of the most critical aspects of a pedestrian accident case is establishing liability. To succeed in a claim, the injured pedestrian must prove that the driver was negligent and that this negligence directly caused their injuries. Negligence can be demonstrated by showing that the driver breached their duty of care owed to the pedestrian. This could involve proving that the driver was speeding, distracted, under the influence of alcohol or drugs, or otherwise driving recklessly. It is also important to consider contributory negligence, which refers to any actions by the pedestrian that may have contributed to the accident. Arizona follows a comparative negligence rule, which means that if a pedestrian is found partially at fault, their compensation may be reduced by their percentage of fault.
Common Causes of Pedestrian Accidents
Several factors can lead to pedestrian accidents, many of which involve driver error. Distracted driving, often caused by mobile phone use, is a leading cause of such accidents. Speeding is another significant factor, as higher speeds reduce a driver’s reaction time and increase the severity of impact. Failure to yield the right-of-way to pedestrians, especially at crosswalks and intersections, frequently results in accidents. Additionally, driving under the influence of alcohol or drugs impairs a driver’s ability to react appropriately to pedestrian presence. Environmental factors, such as poor lighting and adverse weather conditions, can also contribute to pedestrian accidents by making it harder for drivers to see pedestrians.
Choosing a Personal Injury Attorney
Personal Injury Case Value
Related Videos
provider: youtube
url: https://youtu.be/U08xcQc_SoE
src: https://www.youtube-nocookie.com/embed/U08xcQc_SoE?wmode=transparent&rel=0&feature=oembed
src mod: https://www.youtube-nocookie.com/embed/U08xcQc_SoE?wmode=transparent&rel=0
src gen: https://www.youtube-nocookie.com/embed/U08xcQc_SoE
provider: youtube
url: https://youtu.be/aqbAffPtego
src: https://www.youtube-nocookie.com/embed/aqbAffPtego?wmode=transparent&rel=0&feature=oembed
src mod: https://www.youtube-nocookie.com/embed/aqbAffPtego?wmode=transparent&rel=0
src gen: https://www.youtube-nocookie.com/embed/aqbAffPtego
Injuries Sustained in Pedestrian Accidents
Pedestrians lack the protective barriers that vehicles provide, making them highly susceptible to severe injuries in accidents. Common injuries include fractures, head trauma, spinal cord injuries, and internal injuries. The impact of these injuries can be long-lasting, requiring extensive medical treatment and rehabilitation. In some cases, the injuries sustained can lead to permanent disability or even death. The medical expenses associated with treating these injuries can be substantial, and the emotional and psychological toll on the injured person and their family can be profound.
Legal Remedies for Pedestrian Accident Victims
Victims of pedestrian accidents have several legal remedies available to them. They can seek compensation for medical expenses, lost wages, pain and suffering, and other damages resulting from the accident. To pursue a claim, the victim must file a personal injury lawsuit against the at-fault party. In Arizona, the statute of limitations for personal injury claims is two years from the date of the accident. This means that the victim must file their lawsuit within this timeframe to preserve their right to seek compensation. In some cases, the at-fault party’s insurance company may offer a settlement. However, it is important for the victim to consult with an attorney before accepting any settlement offer, as it may not fully cover the extent of their damages.
Role of Evidence in Pedestrian Accident Cases
Gathering and presenting evidence is crucial in pedestrian accident cases. Evidence can come in various forms, including witness statements, police reports, surveillance footage, and photographs of the accident scene. Medical records documenting the injuries sustained and the treatment received are also vital. In some cases, accident reconstruction specialists may be called upon to provide an analysis of how the accident occurred. This evidence helps establish the facts of the case and supports the victim’s claim for compensation.
Impact of Traffic Laws on Pedestrian Accident Cases
Traffic laws play a significant role in determining liability in pedestrian accident cases. Both drivers and pedestrians are expected to adhere to traffic laws, and violations of these laws can be used as evidence of negligence. For example, if a driver runs a red light and strikes a pedestrian in a crosswalk, the violation of the traffic signal can be used to establish the driver’s negligence. Similarly, if a pedestrian crosses the street outside of a designated crosswalk and is struck by a vehicle, this may be considered contributory negligence. Understanding how traffic laws apply to the circumstances of the accident is essential for building a strong case.
Insurance and Pedestrian Accidents
Insurance coverage is another important aspect of pedestrian accident cases. In Arizona, drivers are required to carry liability insurance, which covers bodily injury and property damage caused by the insured driver. If a driver is found to be at fault for a pedestrian accident, their liability insurance should cover the victim’s medical expenses and other damages. However, if the at-fault driver is uninsured or underinsured, the victim may need to seek compensation through their own insurance policy, if they have uninsured/underinsured motorist coverage. Navigating the complexities of insurance claims can be challenging, and it is often beneficial for victims to seek legal assistance.
Steps to Take Following a Pedestrian Accident
In the aftermath of a pedestrian accident, the actions taken can significantly impact the outcome of a legal claim. Immediate medical attention should be the top priority to ensure injuries are properly treated and documented. It is also important to report the accident to law enforcement, as a police report can serve as valuable evidence. Gathering contact information from witnesses and taking photographs of the accident scene can also be helpful. Victims should avoid making statements to insurance adjusters without first consulting with an attorney, as these statements can be used against them in their claim. Seeking legal counsel early in the process can help victims navigate the legal complexities and protect their rights.
Choose Smith & Green, Attorneys At Law, P.L.L.C.
At Smith & Green, Attorneys At Law, P.L.L.C., we are dedicated to providing compassionate and knowledgeable legal assistance to pedestrian accident victims. Our experienced team is committed to helping you secure the compensation you deserve and guiding you through every step of the legal process. If you or a loved one has been involved in a pedestrian accident, do not hesitate to reach out to us for a consultation. Your path to recovery and justice starts with understanding your rights and having the right legal support by your side. Contact Smith & Green, Attorneys At Law, P.L.L.C. today and let us help you on your journey to recovery.