Phoenix Pedestrian Accident Lawyer

Pedestrians have the right to feel safe when traveling on foot. But, it can be ruined in an instant if a reckless driver or poor road environment are present. Such conditions can appear anywhere in Phoenix, from busy intersections to quiet residential streets. Just a single moment of negligence can lead to devastating outcomes, leaving you to deal with physical pain and emotional trauma, adding financial burdens to an already difficult recovery process.

If you have been injured in a pedestrian accident in Phoenix due to another individual or entity, you do not have to face these challenges alone. At West Coast Trial Lawyers, we are here to help. Our expert Phoenix pedestrian accident attorneys will provide guidance at every stage to ensure you get maximum compensation to rebuild your life.

With over 20 years of experience handling personal injury claims and a proven track record of delivering satisfactory results, we have a deep understanding of the legal system and have the ability to navigate complex cases, ensuring each client gets the justice they deserve. We are dedicated to securing a favorable outcome so you can focus on your recovery while we take on all legal aspects of your case.

Our team runs on a contingency-fee basis, meaning that you owe us nothing unless we settle your personal injury lawsuit. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient online contact form.

Pedestrian Rights in Arizona

In Arizona, pedestrians and drivers must share the responsibility of ensuring road safety, and will need to comply with the following regulations in order to do so:

• ARS 28-792: (a) If no traffic signals are present, drivers will need to yield to pedestrians crossing at a crosswalk if the pedestrian is on the same half of the roadway or approaching closely from the opposite side. In addition, pedestrians should not abruptly step onto the road ahead of oncoming traffic. (b) If a vehicle stops at a crosswalk to let a pedestrian cross, other drivers cannot pass the stopped vehicle.
• ARS 28-793: (a) Pedestrians crossing a roadway at any point other than a marked or unmarked crosswalk at an intersection will need to yield the right-of-way to all vehicles. (b) If a pedestrian or overhead crossing is presented, pedestrians must yield the right-of-way to vehicles when crossing. (c) Between intersections with active traffic signals, pedestrians can only cross at a marked crosswalk.
• ARS 28-794: (1) Drivers need to exercise due care to prevent striking pedestrians on the road. (2) Drivers will need to initiate warning signals towards pedestrians or others when necessary, particularly in situations where potential danger is presented. (3) Drivers must be extra cautious around children, confused, or incapacitated individuals on the road, and exercise proper precaution.
• ARS 28-795: Pedestrians will need to move as quickly as possible, when practicable, on the right half of the crosswalk.
• ARS 28-796: (a) If a sidewalk is available, a pedestrian should use them and not walk on the adjacent roadway. (b) If no sidewalks are presented, pedestrians must walk on the left side of the road or shoulder, facing oncoming traffic, whenever practicable. (c) It is illegal for a pedestrian to stand on the road to solicit a ride from other drivers.

If any of these laws are violated, injured parties can sue to recover compensation. Our team not only consists of pedestrian accident attorneys, but knowledgeable phoenix car accident attorneys, as well. We will work together to investigate the incident and deal with insurance adjusters on your behalf to ensure you get the best outcome possible.

What Is the Main Cause of Pedestrian Accidents?

Pedestrian accidents occur due to various reasons, with the main cause being negligent drivers. Certain actions that can contribute to such an outcome include:

• Distracted driving
• Drunk driving
• Failure to yield
• Speeding

In 2022, nearly 7,522 pedestrians were killed in traffic accidents in the United States. This translates to 21 pedestrians a day and 145 pedestrians per week. Compared to reports from 2021, there was a 0.7 percent increase in deaths.

Other additional details include the following:

• 16 percent of fatalities occurred at intersections, 75 percent were not intersections, and 9 percent happened at other locations
• Most of these cases took place at night (78 percent)
• 48 percent of accidents involved either a driver and/or pedestrian with a blood alcohol concentration (BAC) of 0.08 or higher
• A majority of these events occurred in urban areas (85 percent)
• About 1 out of every 4 pedestrians who died in traffic collisions were struck by hit and run drivers

Children are also known to be at risk of severe injuries in pedestrian accidents due to their small size. This worsens in the dark, as they become harder to detect. About 36 percent of child pedestrian deaths involved victims under 16, and took place between 3:00 PM and 7:00 PM.

Common Pedestrian Accident Injuries

Pedestrian accidents result in minor to serious injuries. Common types of bodily harm that may appear after the impact include the following:

• Broken bones
• Head injuries
• Spinal cord injuries
• Internal injuries
• Temporary or permanent disability

The extent of harm will vary depending on the intensity of the crash. Pedestrian accident victims may also experience significant psychological trauma, like post-traumatic stress disorder (PTSD), anxiety, or depression.

Steps to Take After a Pedestrian Accident

After a pedestrian accident, you should consider following the steps below to protect your safety and improve your chances at acquiring fair compensation.

Contact Police

If you notice any injuries or damages, you should contact the police. They will arrive at the accident scene and create a written document. Paramedics will also be present to administer immediate medical care to the injured parties involved.

Seek Medical Attention

Even if you feel like your injury is minor, you should still get yourself examined as soon as possible. A medical professional will evaluate your condition, and if they notice any concerning issue, they will diagnose it and provide the right form of care to ensure it improves your quality of life.

All of your doctor visits, prescriptions, and/or surgical procedures will be documented and saved on file, and can be used as evidence if you plan on pursuing a pedestrian accident claim against the at fault party.

Exchange Information

Do not forget to acquire contact, insurance, and vehicle information from all parties involved in the pedestrian crash.

Gather Evidence

Be sure to gather significant evidence, including:

• Photos or video footage of your injury, damages, and accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Speak to a Phoenix Pedestrian Accident Lawyer

A Phoenix pedestrian accident lawyer can offer many beneficial services that can affect the outcome of your settlement. This includes the following:

• Gather evidence and build a strong case
• Establish liability
• Negotiating with the insurance company
• File personal injury claims and ensure you secure reasonable compensation
• Represent you in court if your case heads to litigation

Seeking assistance can significantly improve the legal process by ensuring all requirements are met, receiving expert guidance and support every step of the way, and increasing your chances at obtaining favorable results.

Liability in a Pedestrian Accident Case

To prove liability in a pedestrian accident case, you will need to demonstrate the following elements of negligence:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior was the direct cause of your injury
• You sustained losses, like medical expenses and emotional distress, as a result of the impact

Arizona follows the pure comparative negligence law, meaning that both the driver and pedestrian can share liability. Your compensation may be reduced based on your percentage of fault. So, if total damages were $50,000 and you contributed 10 percent, you may be given an estimate of $45,000.

Potential defendants in a pedestrian accident lawsuit may include:

• Drivers
• Pedestrians
• Government entities
• Vehicle manufacturers (if car defects are involved)

Does Insurance Cover Pedestrian Accidents?

Insurance can cover pedestrian accidents. But, the type of coverage will depend on the circumstances involved.

Driver’s Auto Insurance

Liability insurance usually covers a pedestrian’s medical expenses, lost wages, and other losses if the driver was at fault for the accident. If the incident involved an uninsured or underinsured driver, the pedestrian may seek compensation by using their own UM/UIM coverage (if they have it).

Pedestrian’s Health Insurance

A pedestrian’s health insurance can compensate for medical costs that are not covered by auto insurance. But, deductibles and copays will likely apply.

MedPay (Medical Payments Coverage)

If the driver has MedPay included in their auto insurance, it can cover the pedestrian’s medical bills regardless of fault.

Homeowner’s or Renter’s Insurance

In some cases, homeowner’s or renter’s insurance can pay for certain damages in a pedestrian accident, like injuries caused by sidewalk defects.

Recoverable Damages in a Pedestrian Accident Case

Each pedestrian accident case involves legal complexities that can affect the settlement value. Some relevant factors that are considered when calculating and distributing compensation include the following:

• The severity of your injury
• Percentage of fault
• Current and future medical bills
• Lost income and earning capacity

To get an idea of what you could be granted, you can use our personal injury settlement calculator by inputting the losses you endured due to the pedestrian accident.

Generally, economic and non-economic damages are awarded.

Economic Damages

Economic damages refer to financial expenses caused by the incident, such as:

• Hospital bills
• Lost wages
• Property damage
• Rehabilitation fees

Non-Economic Damages

Non-economic damages provide compensation for losses that are difficult to measure in monetary terms, like:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Schedule a FREE Case Evaluation with West Coast Trial Lawyers Today

Injured pedestrians are entitled to sue the at fault party to recover damages. At West Coast Trial Lawyers, our Phoenix pedestrian accident lawyers are readily available to protect your rights throughout every stage of the legal process. We will work diligently to ensure you receive fair compensation to cover any losses you incurred as a result of the defendant’s negligent behavior.

To schedule a FREE consultation, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.

Pedestrian Accident FAQ

How Long After an Accident Do You Have to File a Claim in Arizona?

In Arizona, you are given two years to pursue a phoenix pedestrian accident case with the appropriate court (ARS 12-542). It is important to act fast to ensure you have enough time to gather evidence and find the right personal injury law firm to represent you. Failing to fulfill these tasks promptly will cause delays, and if you exceed the statute of limitations, you will no longer be able to recover compensation. 

How Much Does a Pedestrian Accident Lawyer Cost?

The cost of hiring a pedestrian accident lawyer can vary based on their fee structure and the details of your case. Some may charge an hourly rate whereas others will operate under a contingency-fee basis. A contingency-fee basis is when you do not pay upfront fees, and only compensate your legal representative if they win your case or secure a settlement.

Can I File a Pedestrian Accident Claim if a Malfunctioning Traffic Signal Contributed to the Crash?

You can file a pedestrian accident claim if a malfunctioning traffic signal contributed to the crash. Depending on the factors involved, several parties could be held responsible, like the government entity in charge of the area or third-party contractors who failed to properly install functioning lights.

To prove liability, you will need to show how:

• The traffic signal was not working
• The responsible party knew or should have known about it, but did not resolve it within a reasonable time
• The issue directly caused the pedestrian accident
• You sustained injuries and financial losses as a result of the defendant’s negligence