PHOENIX PEDESTRIAN ACCIDENT LAWYERS
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Pedestrian Accident Lawyers
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. At Ybarra Maldonado Law Group, our legal team has plenty of experience and success in helping clients involved in pedestrian accidents in Phoenix and the surrounding areas. If you believe you may need a Phoenix pedestrian accident lawyer, contact us today to learn more about what we can do for you.
What is a Pedestrian Accident?
A pedestrian accident occurs when a person who is walking (or running, for that matter) is struck by another force. This type of accident most often occurs on crosswalks or parking lots, but can occur anywhere like a sidewalk or public park, too. Most often, the aforementioned force is a moving vehicle like a car or truck, but it can also refer to anything from a bicycle to even a horse.
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 case of a pedestrian accident in Phoenix, a lawsuit is bound to happen. Whether it be the driver or the pedestrian at fault, someone is likely going to seek legal recourse out of necessity. That is why it is important that both parties seek a Phoenix personal injury attorney to represent them and protect their interests in a pedestrian accident lawsuit.
When is it Considered Driver’s Fault in Pedestrian Accident?
Generally, a pedestrian accident case is most often the fault of the driver. This is because drivers are held to a higher standard when behind the wheel. They are expected to be on constant 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 part of the driver commonly occurs when the vehicle operator is preoccupied or distracted while driving. It is crucial to pay attention to your surroundings at all times when driving, as one look down to your phone or anything else can result in catastrophic consequences. If the driver of the vehicle was distracted and caused an accident between themselves and a pedestrian, they would be considered the negligent party.
Another indicator of liability is if the driver failed 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 if something or someone appears. Thus, if a collision between a vehicle and a pedestrian occurs, the injuries sustained can be traumatic and the driver will almost always be at fault if he or she is 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 stop lights and stop signs, as well as other traffic laws can also result in pedestrian accidents. Finally, if a driver is operating their vehicle under the influence, not only will they be liable in a civil case, they will also face criminal charges in Arizona.
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 as a result of the driver’s breach of duty.
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 some circumstances where a pedestrian may be at fault for an accident between themselves and a vehicle or even between multiple other vehicles.
For instance, negligence and liability may fall on the pedestrian 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 either end up hitting the pedestrian, another car, or veering off the road completely.
The same can be true for pedestrians who fail to obey a traffic signal. If a crosswalk is signaling for them to stop so that drivers can cross, and they disregard that sign, they may hold some liability 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 they may have caused by not using the intended crosswalk. This is what is commonly known as jaywalking, and it is illegal in most states, including Arizona. Arizona legislation (Section 28-793) states that pedestrians cannot walk across the middle of the road if there is not a marked crosswalk. Doing so could lead to their own liability in the event of an accident.
How To Write Demand Letter for Pedestrian Accident?
Arizona’s statute of limitations for a pedestrian accident is two years. As such, you must file your injury claim within this time frame. To file a claim, you must begin with 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.
The demand letter should be just that: a letter demanding compensation for the injuries you received due to their insured party’s negligence. However, it’s not as simple and straightforward as a ransom-type note demanding money. There are several things that must be included and properly organized within this letter.
To begin, you must clearly establish liability and explain why and how their 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 injuries include both 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 like police reports, witness statements, and pictures 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 in proportion to the claimant’s degree of fault. This means that if a jury finds both parties to hold partial fault, they will assign a percentage to each, for which they are only responsible for that percentage of 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 You Need a Lawyer if You’re Involved in a Pedestrian Accident
If you sustain injuries in a pedestrian accident, it is important that you seek assistance from an experienced legal counsel in Phoenix. 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, call our renowned Phoenix attorneys at 602-910-4040 to schedule your free consultation.