Knowledgeable Representation Following an Accident Caused by Recklessness or Negligence
In the state of Arizona, the process of filing a claim and receiving compensation for a pedestrian accident can be complex and challenging. Cases often involve both litigation and negotiation from a skilled legal professional. If you have been injured in a traffic accident, you need an experienced Phoenix pedestrian accident lawyer. At Ybarra Maldonado Law Group, our pedestrian accident attorneys in Phoenix have years of experience and a proven track record of helping clients involved in accidents of all kinds.
A pedestrian accident occurs when a person walking (or running, for that matter) is struck by another force, usually a vehicle. This type of accident most often occurs at crosswalks or in parking lots, but it can occur almost anywhere, such as on a sidewalk or in a public park. Most often, the aforementioned force is a moving vehicle, such as a car or truck, but it can also refer to anything from a bicycle to a motorcycle.
Pedestrian accidents can bring serious and often critical injuries. This is due to the immense difference in the size and power between a human being and a car. If you take into account the size and weight of the average person and compare it to the average car, which weighs at least 4,000 pounds, a collision between the two can be devastating.
In the event of a pedestrian accident, a lawsuit is likely. Whether it be the driver or the pedestrian at fault, someone will likely seek legal recourse out of necessity. That is why it is important that both parties seek a personal injury attorney to represent them and protect their interests in a pedestrian accident lawsuit.
Common Injuries in Pedestrian Injury Claims
Pedestrian accident victims often suffer serious injuries, such as broken bones, internal injuries, traumatic brain injuries, spinal cord injuries, and more. In these cases, pedestrians often see mountains of medical bills resulting from their injuries. This is why it is so crucial to speak with pedestrian accident attorneys. Insurance companies and defendants will always be reluctant to pay a claim. However, a seasoned personal injury law firm will help you fight for your right to just compensation.
What Are Pedestrians’ Rights Under Arizona Traffic Laws?
ARS 28-792 outlines the rights of pedestrians in Arizona. It covers laws regarding crosswalks, roundabouts, walking on the side of the road, school zones, non-crosswalk areas, and more.
Specific guidelines that Arizona pedestrians and vehicle drivers must follow include the following:
Vehicles must yield to pedestrians at crosswalks and at locations without crosswalk signals.
If a vehicle is stopped at a crosswalk area, other approaching vehicles must also stop and refrain from passing the stopped vehicle.
Even in a roundabout, vehicles must yield to pedestrians both inside the crosswalk and waiting to enter.
In a non-crosswalk area, pedestrians must yield to vehicles.
Generally, pedestrians should stick to sidewalks while walking or running. However, not every area has sidewalks. If there is no sidewalk, pedestrians have the right to walk along the side of the road toward oncoming traffic.
School zones have lower speed limits and often have crosswalks designated with yellow paint. Drivers must yield to pedestrians in school zones as they normally would, but they must also pay attention to traffic guards.
Drivers also cannot pass by a school bus while it has its flashers on. This rule exists to protect children who get off the bus and cross the road to go home.
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What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents occur for a number of reasons. When negligence is involved in the operation of a vehicle, a minor mistake could result in injury to a pedestrian.
The most common causes of pedestrian accident cases include:
Not yielding the right of way to pedestrians
Being under the influence of drugs or alcohol
Improperly crossing a road or intersection
Poor visibility at night or during inclement weather
Running into the road without looking both ways
Distracted driving
Walking the wrong way on the side of the road
Negligence of any kind is unacceptable and dangerous while behind the wheel. It can greatly increase the likelihood of accidents and pedestrian injuries. If you or someone you loved sustained injuries in a pedestrian accident, contact an experienced accident attorney with Ybarra Maldonado Law Group Today.
How Is Fault Determined in Pedestrian Injury Claims?
It can be difficult to determine fault in pedestrian accident claims without the assistance of an experienced pedestrian accident attorney. Even though pedestrians are far more vulnerable than vehicles, this does not mean they cannot be held partially responsible. A skilled personal injury lawyer will evaluate the facts of your case and gather evidence to determine fault and liability.
To successfully assert negligence on the driver’s part, the injured party must prove the following:
The driver owed the pedestrian a duty of care
The driver breached this duty by his or her own negligent actions
They (the injured party) received serious injuries due to the driver’s breach of duty
In the following sections, we outline the ways in which either a driver or a pedestrian could be liable for damages.
When Is It Considered the Driver’s Fault in a Pedestrian Accident?
Generally, a pedestrian accident case is most often the driver’s fault. This is because drivers are held to a higher standard when behind the wheel. They are expected to be constantly alert and ready to react quickly to avoid accidents.
However, there are cases where the driver may not be held responsible for an accident. In some circumstances, the pedestrian may be at fault.
Negligence on the driver’s part commonly occurs when the vehicle operator is preoccupied or distracted while driving. It is crucial to pay attention to your surroundings at all times while driving, as looking down at your phone or anything else can have catastrophic consequences. If the driver of the vehicle was distracted and caused an accident with a pedestrian, they would be considered the negligent party.
Another indicator of liability is the driver's failure to observe or obey the speed limit. The faster a vehicle is moving, the more force is behind it, and the less time the driver has to slow down. Thus, if a collision between a vehicle and a pedestrian occurs, the injuries sustained can be severe, and the driver will almost always be at fault if speeding.
Another common cause of these accidents is the driver’s failure to yield the right of way to pedestrians at crosswalks. Failure to use turn signals, obey stoplights and signs, and follow other traffic laws can also result in pedestrian accidents. Suppose a driver is operating their vehicle under the influence of drugs or alcohol. Not only will they be liable in a civil case, but they may also face criminal charges in Arizona. When Is a Pedestrian at Fault for a Car Accident?
Many accidents involving a pedestrian and a vehicle tend to work in the pedestrian’s favor when it comes to fault. However, this is not always certain. There are circumstances in which a pedestrian may be at fault for an accident involving a vehicle, or even multiple vehicles.
For instance, negligence and liability may fall on pedestrians if they recklessly step or dart into heavy traffic and cause a collision. If this is the case, a driver may have no means of avoiding an accident and may end up hitting a pedestrian, another car, or veering off the road completely.
The same applies to pedestrians who fail to obey a traffic signal. If a crosswalk signals for them to stop so drivers can cross, and they disregard the sign, they may be held liable because they did not have the right of way. It is important to remember, though, that even when a pedestrian doesn’t have the right of way, a driver may not be entirely off the hook.
A pedestrian may also be liable for any accident caused by not using the intended crosswalk. This is commonly known as jaywalking, and it is illegal in most states, including Arizona. Arizona legislation (ARS 28-793) states that pedestrians cannot walk across the middle of the road without a marked crosswalk. Doing so could lead to their own liability in pedestrian accidents.
Do Pedestrians Have the Right of Way in Arizona?
Generally, yes. Pedestrian safety is extremely important in Arizona, as the state’s laws require drivers to always yield to pedestrians, both in and out of crosswalks. Drivers must also come to a complete stop before they reach a crosswalk at an intersection. If a negligent driver fails to yield to pedestrians and causes an accident, an injured pedestrian could file a personal injury claim.
Injured pedestrians can sustain catastrophic, life-changing injuries. They deserve compensation for those injuries.
What If I Was Jaywalking During the Pedestrian Accident?
In general, drivers are still expected to yield to pedestrians crossing in a non-crosswalk area. Therefore, even if someone was jaywalking at the time of an accident, they may still be able to file a claim against the driver and their insurer. This is because drivers and pedestrians hold an equal level of responsibility for the safe navigation of roads.
Traffic accidents can result in serious injury to pedestrians. If you were injured at the accident scene, we strongly recommend speaking with qualified personal injury attorneys as soon as possible.
How To Write a Demand Letter for a Pedestrian Accident
To file a claim, you must begin by sending a demand letter to the guilty party’s insurance company. Our personal injury attorneys will ensure the letter is properly written, organized, and sent on time.
The demand letter should be just that: a letter demanding compensation for the injuries you received due to the insured party’s negligence. However, it’s not as simple and straightforward as a ransom-type note demanding money. Several things must be included and properly organized within this letter.
To begin, you must clearly establish liability and explain why and how the client is responsible for the injuries you sustained. The letter must also include a detailed description of the accident and a comprehensive list of all the injuries you received. These include physical and mental injuries, like emotional distress and pain and suffering.
Next, you’ll want to give proof of the expenses associated with your injuries. Provide the full value of compensation you’re demanding, as well as a breakdown of each cost as it pertains to your injuries.
Finally, you’ll also want proof of the accident. This includes evidence such as police reports, witness statements, and photographs of the accident.
What Can You Recover Compensation for in a Pedestrian Accident?
Whether you are the driver or the pedestrian in this situation, if you were not the guilty party, you may be able to recover damages for your injuries. However, because Arizona is a comparative negligence state, the damages may be reduced proportionately to the claimant’s degree of fault. This means that if a jury finds both parties to be partially at fault, they will assign a percentage to each, and each is only responsible for that percentage of the fault attributed to them.
Compensatory damages that the injured party may be able to recover include the following:
Medical bills and expenses
Includes present and future bills or fees and costs of therapy, rehab, surgery, prescriptions, etc.
Current and future lost wages
Property damage
Pain and suffering
Mental anguish
Loss of consortium
Funeral expenses, if applicable
Why Should I Hire a Pedestrian Accident Lawyer?
By working with a pedestrian accident attorney, you can focus strictly on healing while your attorney focuses on handling your claim. We have the knowledge, legal resources, and skills you need to have the best possible chance at a favorable outcome in your case. Our team will also give you an idea of who could be held liable for your injuries and the compensation you may be entitled to.
Various studies have overwhelmingly shown that working with an attorney can greatly improve your chances of securing a recovery. They can also increase the likelihood of receiving a fair settlement or judgment. Because Arizona is a fault-based state, you need skilled legal representation to build a strong case.
How Long Do I Have to File a Pedestrian Accident Claim?
Arizona’s statute of limitations for a pedestrian accident is two years. As such, you must file your injury claim within this time frame. This is known as the personal injury statute of limitations in Arizona. It also applies to car accidents, truck accidents, and many other personal injury cases.
Contact a Phoenix Pedestrian Injury Lawyer at Ybarra Maldonado Law Group Today
If you sustain injuries in a pedestrian accident, it is important that you seek assistance from experienced legal counsel. A pedestrian accident lawyer will assist and guide you through all legal aspects of your case. Many cases like this require serious litigation and negotiation to ensure you receive the compensation you deserve and are entitled to. Whether the case is settled before trial or makes it all the way to court, your attorney will be there every step of the way, ensuring you reach your settlement’s full potential.
Our pedestrian accident lawyers at Ybarra Maldonado Law Group offer aggressive, unmatched representation. We are dedicated to fighting on our clients’ behalf to ensure they receive the best possible outcome for their case.
If you or a loved one received injuries in a pedestrian accident, contact a skilled pedestrian accident lawyer in Phoenix at (602) 905-9299 to schedule your case evaluation. We serve both English and Spanish-speaking clients!
