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Getting into any auto accident in Arizona can be scary, especially if you are a pedestrian. Your injuries could be severe and require months or even years to recover. Many victims of such accidents end up with substantial financial debt due to mounting medical bills and the time off work needed. During this time, you need an experienced pedestrian accident attorney in Arizona who can protect your rights and interests throughout the claims process.
Hiring a lawyer when pursuing justice for losses and injuries resulting from someone else’s negligence is crucial. Skilled lawyers understand Arizona’s personal injury laws and the complexities of insurance claims and lawsuits, enabling them to protect the rights of injured victims. An experienced pedestrian accident attorney near you can help you navigate Arizona’s legal system, handle settlement talks, and represent you in court if necessary. This can significantly improve your chances of a favorable outcome.
Gerber Injury Law stands out as an excellent choice for injured pedestrians who require representation in Arizona due to its proven track record in personal injury cases and unwavering commitment to client satisfaction. Our accomplished lawyers treat clients like family and are well-versed in all aspects of pedestrian accident law. We always aim to deliver outstanding results for our Arizona clients.
Our firm’s emphasis on personalized attention and dedication to the needs of our clients guarantees the highest level of legal counsel and representation. By choosing Gerber Injury Law, you can trust our pedestrian accident lawyers in Arizona to prioritize your best interests as we fight for the compensation and justice you deserve.
If you are a victim of a pedestrian crash caused by another party’s negligence, know that you aren’t alone. Such accidents happen all too frequently in Arizona, but there is something you can do about it. You may file a pedestrian accident claim even if the driver fled the scene. Don’t face big insurance companies alone without skilled legal representation proactively advocating for your rights and interests.
Don’t let yourself be another pedestrian crash statistic in Arizona. Call 623-486-8300 today to find out how we can help with your claim.
How Common Are Pedestrian Accident Cases in Arizona?
According to the National Highway Traffic Safety Administration (NHTSA), approximately 6,516 pedestrians were killed in traffic accidents across the U.S. in 2020, representing a 3.9% increase from the 6,272 fatalities in 2019. An estimated 54,769 pedestrians were injured in the same year. NHTSA also estimates that a pedestrian was killed every 81 minutes and injured every 10 minutes in collisions in 2020.
Arizona Department of Transportation data reveals that 257 pedestrians were killed and 1,535 injured in 2021. A total of 1,714 pedestrian crashes were reported during that year. Most of these accidents happened while pedestrians were crossing roads, with the peak hour for these crashes being 7-8 p.m.
What Should I Do After Being Hit by a Car?
Your actions after an accident can significantly affect your ability to recover damages and get justice in a personal injury case. If you are reading this article, you or someone you care about has likely been injured in a pedestrian traffic crash. When an accident happens, you won’t need to sue the at-fault parties there and then for damages. Here are some steps that our personal injury lawyers in Arizona advise you to follow to boost your chances of a favorable result:
Seek Medical Attention
If you are involved in an accident, it’s your duty to seek immediate medical care. Don’t assume that someone else will call 911 for you. The longer you delay seeking medical care, the harder it may be to prove your injuries are accident-related. You risk your health and well-being if you wait to contact emergency services.
Take Photos at the Scene
Pictures indeed say a thousand words — especially in the legal context. Photos are the best way to accurately depict what happened during the accident and who was at fault. If you aren’t severely injured, take pictures and videos of the scene using your cell phone. Ensure you capture any visible injuries, the surrounding area, vehicle damage, notable landmarks, skid marks, and road conditions.
Ask bystanders to do this if you are severely hurt during the accident. Don’t attempt to do this alone, as you may make your injuries even worse.
Report the Accident to the Police
It’s important to contact the police soon after an accident. Give an honest description of how the pedestrian accident occurred; don’t make any statements admitting fault for the crash. The defendant’s insurer may utilize police reports to determine liability based on the parties cited for the crash.
If the other party tries to convince you to settle the matter without calling the police, do not accept this proposal. Always call the police after an accident.
File an Insurance Claim
Time is an important factor when filing insurance claims for personal injury cases. In Arizona, the statute of limitations for filing an injury claim for a pedestrian crash is two years from the date of the accident. This time limit also applies to wrongful death claims in Arizona. Surviving family members must file a claim within two years from the deceased’s date of death.
Get Follow-Up Medical Care
Keeping up with your doctor’s appointments and following their orders is the best way to recover fully. Doing this also helps build a strong pedestrian accident case since you can prove you listened to your doctor’s advice and followed their treatment plan.
Keep Track of All Your Receipts
Make sure you store all your accident-related receipts as you track your expenses. Medical bills can shed light on how much you spent after the crash to treat your injuries. Documentation showing lost income and any other miscellaneous expenses relevant to the accident can help you obtain maximum compensation for your losses.
Hire an Arizona Pedestrian Accident Attorney
Seeking legal advice if you believe someone else may be liable for your accident and injuries is advisable. Retaining a lawyer is your best option to determine what and who caused your accident. You may have a valid claim against the motorist and their insurance company. Sometimes, you may also have a claim against state agencies or the local municipality.
At Gerber Injury Law, our Arizona pedestrian accident attorneys are ready to help you navigate the legal process to obtain the justice you deserve. We will conduct a comprehensive investigation and determine liability to give you the best chance of recovering compensation. Our compassionate lawyers are here to listen to your side of the story. We will treat you like family.
What Pedestrian Safety Tips Should I Be Aware Of?
Regardless of where you live or how you get around, you are a pedestrian at some point. This is why it’s important to pay attention to what’s happening around us. Here are some safety tips from the National Safety Council (NSC) that pedestrians can follow to avoid accidents:
- Cross streets at marked intersections or crosswalks
- Be alert — avoid using your phone or wearing headphones
- Obey all traffic signs and signals
- If possible, use the sidewalk or path. If there is no sidewalk available, walk toward oncoming traffic
- Avoid the use of alcohol or drugs when walking
- Use a flashlight when walking at night or wear bright clothing
- Adults should always be with children under 10 when crossing roads.
- Find a place where you can see oncoming traffic before crossing the road
- Look left, right, and left again before you cross a street
- Never assume a driver sees you; they could be distracted or even impaired
- Pay attention to cars backing up in parking lots or entering and exiting driveways
Arizona Pedestrian Laws and How They Can Affect Your Case
The best way to protect yourself from accidents and injuries as a pedestrian is by understanding and following state and federal laws. Doing this can protect you from harmful interactions with motor vehicles on our roads. It can also make your movements and intentions predictable for Arizona motorists, helping to keep you safe.
Drivers of motor vehicles in Arizona owe a duty of care to all other road users, including pedestrians. They can accomplish this by:
- Sounding the horn to avoid collisions when necessary
- Using turn signals to notify pedestrians that they are turning at an intersection or changing lanes
- Being extra careful when they spot a child or an incapacitated or confused adult
In addition, Arizona state law requires drivers to:
- Slow down when they spot pedestrians
- Yield to persons with visual disabilities
- Stop for school buses with flashing lights
- Slow down in school zones
- Watch out for children who may enter the street unexpectedly
- Avoid passing vehicles that have stopped at crosswalks
- Yield to pedestrians when turning
- Watch out for pedestrians along the roadway
- Yield to pedestrians in roundabouts
- Enter and exit driveways slowly and carefully
- Yield to pedestrians in parking lots
- Pay attention to the road — not your phone
- Obey signs at a High-Intensity Activated Crosswalk (HAWK) or hybrid pedestrian beacon (PHB); this device helps pedestrians safely cross higher-speed or busy roadways
If a driver disregards any of these rules and causes your accident, they may be liable for damages. At Gerber Injury Law, our pedestrian accident attorneys in Arizona will analyze all relevant evidence, including CCTV and traffic camera footage, to prove the motorist’s liability in your personal injury claim.
What Types of Injuries Do Victims Suffer in Pedestrian Accident Cases?
In most pedestrian accident cases, pedestrians are likely to sustain serious, catastrophic injuries. Our Arizona personal injury law firm has represented many pedestrian accident victims over the past 20 years who’ve suffered injuries, including:
- Spinal cord injuries. These types of injuries may have long-term disabling consequences for victims. They may lead to loss of movement, altered sensation, changes in sexual function, or complete paralysis.
- Lacerations.The severity and location of lacerations on the body may result in severe pain, permanent disfigurement, and infection risks.
- Bone fractures. Since pedestrians lack significant protection during collisions, they can sustain bone fractures that may require surgical procedures and pain medications.
- Head injuries. Trauma to the head may result in impaired cognitive functioning, memory loss, changes in personality, seizures, or permanent disability.
- Internal injuries. During high-speed collisions, pedestrians will likely suffer internal injuries such as organ damage, rib fractures, cerebral hemorrhages, or internal bleeding. These are severe injuries that may be life-threatening if left untreated.
- Wrongful death. Regrettably, you may prematurely lose your loved one in a pedestrian accident. Actions such as distracted driving, including texting while driving or adjusting the navigation system, drunk driving, and speeding may lead to catastrophic accidents.
If you or a loved one has suffered any of the above catastrophic injuries, seek immediate medical treatment and follow your doctor’s instructions. An experienced personal injury attorney in Arizona can use your medical records to push for maximum compensation from the insurance company.
What Are the Causes of Most Pedestrian Accident Cases in Arizona?
Regardless of how cautious you are while walking on Arizona streets, you can still be a victim of other’s negligence. Motorists, including passenger car drivers, truckers, bus drivers, and motorcyclists, who fail to obey traffic rules and regulations put pedestrians at risk for catastrophic injuries or death.
Here are some of the common causes of pedestrian accidents in Arizona:
- Distracted driving. Cell phones, eating, talking to passengers, adjusting car controls, and loud music are all forms of distractions. In 2021, 3,522 people lost their lives in traffic crashes due to distracted driving. Remember, it only takes a split second to cause an accident.
- Impaired driving. Some Arizona drivers are irresponsible enough that they get behind the wheel after consuming alcohol, prescription medication, or drugs. Drunk driving accidents involving two cars are bad enough. What about pedestrians who drunk drivers hit? Such victims may sustain severe, life-threatening injuries. In some cases, drunk drivers may flee the scene, adding a hit-and-run offense to the list of offenses.
- Failing to yield. Many Arizona joggers, walkers, and bicyclists get hit when motorists ignore the law and fail to yield or stop at intersections. A motorist can be liable for a crash and the resulting injuries and losses when committing this offense.
- Backing up. When a driver reverses, say in a parking lot or driveway; they need to be extra cautious to avoid hitting pedestrians they don’t see.
- Speeding. Speed kills, and you can’t teach or tame speed. Drivers traveling above posted speed limits are more likely to cause pedestrian accidents in Arizona. This is because speeding affects a driver’s reaction time and increases the time and distance one needs to stop.
For example, if a driver is speeding and a child unexpectedly runs onto the road, they may likely hit the child since their car may require too much time to stop. The higher the impact speed during such an accident, the greater the risk of catastrophic injuries or death.
Who Is Liable in a Pedestrian Accident Claim in Arizona?
So the big question after a crash remains: Who is to blame when a car hits a pedestrian in Arizona?
Like any other motor vehicle accident, various parties may share blame for the crash depending on the circumstances surrounding the incident. A driver may be liable if their reckless actions led to the accident. Still, a pedestrian may be entirely or partially to blame for the crash.
Arizona’s “law of negligence” determines fault in personal injury cases. The state uses the pure comparative negligence doctrine to apportion blame after pedestrian accidents. In other words, courts reduce the plaintiff’s compensation for damages according to their share of the blame. For example, if the plaintiff is found to be 30% at fault for the accident, they may only recover 70% of the settlement awarded. Generally, the driver of a motor vehicle is liable for a pedestrian accident if they were engaged in negligent actions, such as failure to yield or ignoring traffic lights.
It’s important to note that there are cases where third parties may be liable for pedestrian accidents. For example, suppose a nearby construction site created a hazard that led to the accident. In that case, the project’s owners, contractors, subcontractors, or engineers may be liable for your accident and injuries.
Other potentially liable third parties may include:
- City or municipality
- Trucking company
- Vehicle or auto parts manufacturer
- Car designer
- Ridesharing company
- Construction Company
Unfortunately, when cars hit pedestrians, they tend to suffer serious injuries. This, however, doesn’t negate the fact that the motorist may be liable for the crash. Experienced pedestrian accident attorneys in Arizona can look at the facts of your case and analyze evidence to determine who carries the blame for your accident. This evidence may include:
- Photographs of the scene
- Eyewitness accounts
- Police reports
- Expert opinions
- Dashcam, security, and traffic camera footage
What Sort of Damages Can I Recover After a Pedestrian Accident Claim in Arizona?
When pedestrians are hit by cars, they lack protection, such as seatbelts, airbags, and steel cages, to reduce the collision impact. As a result, these collisions can be extremely severe and often fatal. Such injured victims deserve compensation for their injuries and losses. Some of the damages your Arizona pedestrian accident lawyer may attempt to recover include:
- Hospital bills
- Rehabilitation fees
- Ambulance fees
- Lost wages
- Loss of earning capacity
- Property damage, such as lost phone or broken prescription glasses
- Pain and suffering
- Mental anguish
- Loss of consortium
- Funeral expenses
In addition, a pedestrian accident lawyer near you can help you recover punitive damages. These damages are awarded at the court’s discretion if it considers the defendant’s actions or failure to act intentional, malicious, or particularly outrageous. It’s important to note that Arizona has no cap on punitive awards.
How Can Gerber Injury Law Help With a Pedestrian Accident Claim?
If you or a loved one has sustained injuries in a crash, seeking legal help from a qualified pedestrian accident attorney in Arizona is crucial. At Gerber Injury Law, our experienced legal team can review the circumstances and evidence surrounding your case to determine who is to blame and what your legal rights are. Our attorneys, under the direction of our founding attorney, Ken Gerber, will negotiate with your auto insurance company on your behalf to ensure you receive the best possible compensation for your physical and emotional injuries as well as property damage.
Our Arizona legal team understands how physical, emotional, and financial strains can affect injured victims and their loved ones after an accident. That’s why Gerber Injury Law operates on a contingency fee basis, meaning you never have to fret about any upfront legal costs. We only get paid once you get paid.
At Gerber Injury Law, our lawyers prepare all our cases for trial. We will file a personal injury lawsuit against the at-fault party and their insurance if out-of-court negotiations hit a dead end. We are ready to go above and beyond to ensure you get fair compensation for your injuries.
Legal Representation From Experienced Arizona Pedestrian Accident Attorneys
If you have been injured or lost someone you care about in a pedestrian crash, you should get the justice you deserve if someone else’s negligence led to the accident. In Arizona, you have the right to seek compensation for your injuries and losses, including medical bills, lost income, and disability.
The pedestrian accident attorneys at Gerber Injury Law represent injured victims all over Arizona, including Phoenix, Surprise, Peoria, Avondale, Glendale, and Buckeye residents. Our attorneys have earned a reputation as fierce litigators who fight for the best interests of accident victims. We know how to navigate the legal system and win injury cases. Our legal team won’t rest until you receive fair compensation for your injuries.
Contact Gerber Injury Law today by calling 623-486-8300 for a free case evaluation. We promise to work hard to earn your trust and respect throughout the claims process. And remember, there’s a difference when it comes to personal injury attorneys. Choose carefully.
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After insurance company failed to pay $10k in policy limits for injuries caused by a motor vehicle accident.
For bicyclist hit by car.