If you were recently struck by a vehicle while you were traveling on foot, you likely have grounds upon which to file a pedestrian personal injury lawsuit. You were probably hurt significantly. Your physical and emotional injuries likely cost more than you can afford. Even if you can afford the costs of your medical care, lost wages, and other crash-related losses, you shouldn’t be responsible for them if a driver’s negligence, recklessness, or intentional conduct caused your harm in the first play. You may be entitled to sue for damages.
To increase your likelihood of receiving full compensation, contact pedestrian accident lawyers at Perez Law Group, PLLC online or call 602-730-7100. Our firm has significant experience managing pedestrian accident injury cases and we can provide you with the informed support you need during this challenging time.
How Common Are Pedestrian Auto Accidents in Arizona?
Sadly, vehicular accidents involving pedestrians are not uncommon in Arizona and throughout the U.S. In 2021alone, nearly 1,000 pedestrians suffered a collision with a vehicle while at an intersection. An additional 143 pedestrians were killed in a crosswalk when they were struck. Pedestrians are most likely to be hit by drivers when they are traveling in urban areas and are navigating intersections. The majority of pedestrian accidents and deaths are preventable.
What Should A Pedestrian Do After An Auto Accident?
To better protect the strength of your legal case, do what you can to follow these steps after a crash, provided that you are physically well enough to make these efforts. If you aren’t, don’t panic. Our firm can help you to take appropriate action as soon as our team has been alerted to your circumstances.
Get The Driver’s Information
Pedestrians need to get an at-fault driver’s identifying information just as they would if they had been driving at the time of a crash. Arizona law states that the driver must provide you with their name, address, registration, and driver’s license number. It is also wise to ask for the driver’s phone number and insurance company. If the driver fails to provide this information, and flees from the scene instead, the accident escalates into a hit-and-run scenario that requires legal guidance and law enforcement intervention.
Call The Police
After any vehicular accident, you should call 911 and ask for the police. Having a police report on file can significantly impact the outcome of an insurance claim and/or personal injury lawsuit. When the police arrive and make a report, the report will serve as an official record that you may introduce into court on your behalf. In the report, the police will include your and the driver’s statements. The police will also note any eyewitness statements.
The responding officer may request that the driver take a breathalyzer test and/or perform a field sobriety test. In addition to assessing the driver’s sobriety, the officer may take pictures of the accident scene and take note of any relevant facts. A relevant fact may be the position of the sun and how its glare may have affected the at-fault driver’s vision. Other relevant facts could include whether the at-fault driver was visibly driving on bad tires or whether black skid marks in the road suggest that the driver was speeding immediately before hitting you.
Photograph The Accident Scene
It is advisable to photograph and/or videotape the scene of the accident. Although an officer will likely do the same, you will want your own catalog of the scene, if possible. Keeping a record of the incident will help you to support your recollection of events and will help your attorney to construct your legal case. You should also photograph your injuries. Proof of the extent of your injuries can help you when you pursue financial and emotional recovery.
Seek Medical Attention
Getting hit by a vehicle is a serious situation. The weight of a car amplifies the severity of the impact and, whereas a driver is likely protected by an airbag, pedestrians are uniquely exposed and vulnerable. If a driver hits you, you should always seek meek attention as soon as possible. A medical professional is best suited to assess the degree of your injuries, whether you have sustained broken bones, whether you have a concussion or traumatic brain injury (TBI), and whether you will need follow-up care, such as regular chiropractic sessions.
How Can A Pedestrian Prove A Driver Was Negligent?
There are four primary legal elements that must be proven in the wake of a pedestrian accident before a victim can be rightfully awarded fairly-valued compensation for the harm they’ve sustained.
A Legal Duty Was Owed
All drivers have a duty to abide by traffic laws whenever they are behind the wheel of a car and are on the road. All drivers owe a duty to pedestrians to operate their vehicles in ways that mitigate a risk of causing harm. For example, drivers must yield to pedestrians at intersections if the pedestrians have the right-of-way.
That Duty Was Breached
Drivers may breach their duty to pedestrians by driving through crosswalks when the drivers have a red light. Drivers also breach their duty by driving while texting, driving while under the influence of medication that impairs their decision-making, and knowingly driving with bad brakes. Essentially, if a driver behaves negligently, recklessly, or with intentional disregard for safety, they have breached their duty to travelers in their vicinity.
An Injury Was Sustained
This is typically an easy element of negligence to prove. Pictures of your wounds and medical bills can verify that you suffered injuries. Your injury does not need to be primarily physical. If the incident caused you to suffer post-traumatic-stress disorder, requiring regular visits to a therapist, you can still likely sue for damages.
Bear in mind that, should a court find you are partially to blame for your injuries, the court will reduce your recovery amount in proportion to your fault. Thus, if you’re 20% to blame for your injuries, the court will deduct 20% from the overall value of your harm manifest as a compensation award.
The Breach Of Duty Is The Proximate Cause Of A Victim’s Injuries
This criterion is the most significant. The driver’s misconduct must be what caused your harm. Suppose a distracted driver swerved, at the last minute, to avoid hitting a cat in the road. By swerving, the distracted driver hits another car, and that car is projected forward, hitting you. The distracted driver is still at fault, although it was another vehicle that hit you. If the driver of the vehicle who hit you was also negligent in some way, you may be able to hold both parties accountable for your harm.
Speak With An Experienced Pedestrian Accident Attorney in Glendale, AZ Today For More Information
You deserve to be made financially “whole again” if a negligent or reckless driver hit you and caused you harm. Speak with knowledgeable Glendale, AZ personal injury lawyers at Perez Law Group, PLLC today to learn more. Our firm’s reputation for excellence speaks for itself, so call 602-730-7100 or contact us online to schedule a consultation. We look forward to speaking with you.
