GILBERT PERSONAL INJURY LAWYER Pedestrian Accidents

GILBERT PERSONAL INJURY LAWYER

Pedestrian Accidents

It is critical for residents of Arizona facing the aftermath of a pedestrian accident to understand the laws that apply to drivers and pedestrians, as well as how fault is established and what damages can be recovered. If you or a loved one have been involved in a pedestrian accident, you will undoubtedly have many questions. The following information will help you understand what is typically involved in bringing a case and explore common concerns others have shared following their pedestrian accident.

Why Are Pedestrian Accidents In Arizona So Common?

For pedestrians, Arizona is one of the most dangerous states in the country. According to Arizona Department of Transportation crash data, 1,202 pedestrians died in car collisions between 2014 and 2019. According to data analysis, pedestrian fatalities have climbed by 42 percent, from 155 in 2014 to 220 in 2019. The National Highway Traffic Safety Administration reports that Arizona has the fourth-highest pedestrian death rate in the United States. Only New Mexico, Louisiana, and Florida, were worse.

Most of Arizona’s pedestrian accidents occur in cities, and part of why you are at a higher risk of are being involved in a pedestrian accident in the state is because many of Arizona’s roads were not designed with pedestrians in mind. Drivers are encouraged to exceed the posted speed limit on wide arterial highways, while pedestrians are forced to search for a marked crossing. It's not uncommon to see someone cross a road outside of an intersection, putting their safety at risk to avoid a longer route to their destination.

Other reasons Arizona residents are at a higher risk of being involved in a pedestrian accident involve both driver and pedestrian safety precautions. Drivers in the state are less likely to:

  • Drive the posted speed limit (especially in pedestrian areas)
  • Show patience with seniors and people with disabilities
  • Make eye contact with pedestrians
  • Follow laws and regulations regarding school busses and school crossings
  • Follow a safe distance behind other vehicles
  • Adjust their driving behavior to weather conditions
  • Not drive while under the influence of alcohol or drugs

On the other hand, pedestrians in Arizona are less likely to:

  • Use designated crossing areas
  • Make eye contact with drivers
  • Maintain a safe distance from vehicles parked on the side of the road

In Arizona, the term "pedestrian" refers to more than just those who walk. Runners and people in manual or motorized wheelchairs are also included.

What Arizona Laws Are In Place To Help Prevent Pedestrian Accidents?

Laws governing pedestrian accidents in Arizona are clear. Drivers in Arizona are required to take reasonable precautions to avoid collisions with pedestrians. Furthermore, all drivers in Arizona must comply with the following requirements:

  • Do not pass another car stopped at a crossing.
  • Within a crosswalk, yield to people crossing the street.
  • When passing through a school zone, drivers must slow down to no more than 15 miles per hour.
  • When a school bus's stop sign is extended and its lights are flashing, you may not pass.

Pedestrians in Arizona are also subject to the following laws:

  • When not in a crosswalk, pedestrians must surrender the right-of-way to all cars.
  • At intersections, pedestrians must obey traffic control signals.
  • Pedestrians must cross only in marked crosswalks while crossing between adjacent junctions with traffic control signals in operation.
  • At crossings, pedestrians must move as quickly as possible on the right side of the crosswalk.
  • A pedestrian must not suddenly run or walk into a vehicle's path.
  • When a sidewalk is provided, pedestrians must not walk on the road.
  • If there isn't a sidewalk, a pedestrian must walk on the road's left side or shoulder, facing traffic.

How Is Fault Determined In A Pedestrian Accident?

All drivers and pedestrians have a legal obligation to drive safely and respect all traffic laws. A motorist can be sued for carelessness if they violate that obligation and causes an accident. And, in some situations, an accident may be caused by both the motorist and the pedestrian.

The comparative fault theory is followed in Arizona, meaning percentages of fault can be assigned to all parties involved. Courts in Arizona can evaluate whether a pedestrian was partially responsible for an accident that resulted in injury. They apply the comparative negligence test, in which the court attempts to determine the proportion of blame that can be assigned to the motorist and the pedestrian. If the pedestrian is judged to be responsible for some of the injuries resulting from his own negligence, their liability will be computed, and the damages will be reduced by the degree of negligence determined by the court.

Pedestrians, for example, must cross at a crosswalk; however, if they are not near a crosswalk, they may cross the road if they have taken care to look in both directions of traffic before doing so. If, on the other hand, the pedestrian rushed across the road without looking in both directions, preventing the motorist from stopping in time to avoid the pedestrian, the court may find that the pedestrian was at least partially to blame for the accident. As a result, damages may be decreased.

What Are The Most Common Injuries In Pedestrian Accidents?

Pedestrians sustain many of the same injuries as vehicle occupants do in collisions, but the injuries suffered by those hit by a car while walking are often severe. The following are some of the most common injuries sustained in pedestrian accidents:

  • Internal Injuries: Internal injuries such as rib fractures, organ damage, internal bleeding, and brain bleeds can be severe and even life-threatening.
  • Spinal Cord Injuries: Because the spinal cord sends messages between the brain and the body, injuries to this crucial component of the body can result in long-term disability.
  • Head Injuries: When a pedestrian sustains a head injury, the brain is damaged, resulting in reduced cognitive function, permanent disability, and even death.
  • Lacerations: Depending on where they occur and how serious they are, lacerations can result in lasting deformity, infection risks, and excruciating agony.
  • Pelvic Injuries: Pedestrians hit by a distracted driver may get one of several types of pelvic injuries/fractures, depending on the design of the vehicle's hood.
  • Compound Fractures can occur as a result of pedestrians' lack of protection from harm, necessitating the insertion of medical devices such as screws and pins, as well as surgeries.
  • Wrongful Death: Tragically, families might lose a loved one too soon because a vehicle prioritizes reading a smartphone message over pedestrian safety. The financial burdens include medical bills, loss of household income, funeral and burial expenses, and emotional pain.

What Types Of Damages Can Be Received In A Pedestrian Accident Case?

Arizona has statutes in place to provide legal protections and rights to people who have been injured due to someone else's negligence. These laws make it possible for the victim or the victim's family to get financial compensation. The plaintiff may be awarded both compensatory and punitive damages.

There are two types of compensatory damages: economic and non-economic damages. Monetary damages are intended to reimburse the accident victim for expenses such as property damage, lost wages, ambulance fees, medical bills, and other accident-related costs. Non-economic damages cover loss of consortium, mental anguish, and pain and suffering.

If the matter goes to trial, the pedestrian accident victim may be awarded punitive damages. Punitive damages are intended to provide additional monetary compensation to the plaintiff to “punish” the defendant for their actions. Punitive damages are also intended to dissuade the offender from committing the same careless behavior again. Punitive damages are not always awarded in personal injury cases.

How Long Do I Have To File My Claim?

In Arizona, the time restriction for bringing a personal injury claim varies depending on the type of case and whether the claim is being brought against a government body or municipality. A claimant has two years from the date of the accident to make a claim against the at-fault party in most personal injury cases. Arizona Courts explain the statute of limitations in detail. If the claimant is suing a municipality or government entity, the claimant may only have six months to file. Failure to file your claim within the appropriate statute of limitations will almost certainly result in the loss of your right to compensation.

Do I Need An Attorney?

Whether you are a vehicle driver or a pedestrian involved in an accident, it's crucial to contact an attorney to receive all the damages you are entitled to. It would be best if you were represented by reputable and competent Arizona pedestrian accident attorneys who have experience representing cases similar to yours. They will perform a thorough investigation, deal with insurance companies, and handle all aspects of your case until you receive fair compensation for your injury or loss.