States with cities that have a lot of pedestrian activity tend to have the most pedestrian accidents. Arizona pedestrian accidents are the highest in the United States, with most accidents leading to death. Pedestrian is a term not limited to people walking; it also includes people in motorized wheelchairs. In 2021, the Arizona Department of Transportation reported that there was a total of 1,714 accidents with 1,535 pedestrians injured and 257 pedestrians killed.
Arizona Pedestrian Accidents Laws
When it comes to pedestrian safety, Arizona law outlines specific responsibilities for both drivers and pedestrians. These laws aim to reduce accidents and clarify fault, which is crucial for victims seeking compensation. Understanding the rules governing crosswalks, jaywalking, and distracted driving can help victims and their families navigate the legal landscape and strengthen their cases after an accident:
Car Accident Laws Related to Pedestrian Rules
- ARS 12-542: The statute of limitations for car accident cases, including crosswalk incidents, is generally two years. Victims of accidents have two years from the date of the accident to file a claim. Families of victims who experienced a wrongful death in the case of a deadly pedestrian crash also have two years from the date of the death to seek financial compensation. It is crucial for victims and families to act promptly to preserve their right to recover damages.
- ARS 12-2505: Pure comparative negligence allows Arizona accident victims to seek partial compensation for their damages even if they are deemed partially at fault for the crash. For example, if a victim is found to be 30% at fault, their total compensation will be reduced by that percentage. This principle also applies to pedestrian crashes, where both driver and pedestrian fault may be considered.
- Distracted driving: Distracted driving is another major contributor to pedestrian crashes, and Arizona law addresses this under ARS 28-914. Drivers are prohibited from using handheld devices for texting or calling while driving. This law ensures drivers remain focused on the road, especially in areas with heavy pedestrian traffic. If a driver is found to have violated this law during an accident, it can serve as strong evidence of negligence, strengthening the victim’s claim. For pedestrians, proving distracted driving on the part of the driver can lead to a more favorable settlement or court decision.
Laws Governing Crosswalks
Drivers are legally required to yield the right-of-way to pedestrians crossing within marked crosswalks or unmarked crosswalks at intersections, as stated in ARS 28-792. This means vehicles must stop and remain stopped until the pedestrian has safely crossed their lane. However, pedestrians also bear responsibility for their safety—they must not suddenly step off the curb into the path of an oncoming vehicle. By adhering to these rules, both drivers and pedestrians can minimize the risk of accidents and clarify liability in case of a claim.
Jaywalking in Arizona
For pedestrians crossing outside of marked crosswalks, ARS 28-793 requires them to yield the right-of-way to vehicles. This is commonly referred to as jaywalking. While it might seem minor, jaywalking can have significant legal implications for accident victims. Under Arizona’s pure comparative negligence laws, a pedestrian’s compensation can be reduced if their actions are found to have contributed to the accident. By using marked crosswalks and adhering to traffic signals, pedestrians can safeguard not only their safety but also their legal standing in a potential claim.
Arizona Is an At-Fault State
Arizona operates under an at-fault system, which means that victims of car accidents, including pedestrian hits, can seek compensation for damages caused by another party’s negligence. However, the state’s comparative fault laws mean that if the insurance adjuster of the at-fault party can attribute any percentage of fault to the victim, it could lessen the amount of compensation.
By understanding these interconnected laws, accident victims can better prepare their claims. Crosswalk laws clarify who had the right-of-way, jaywalking rules help determine if pedestrian actions contributed to the accident, and distracted driving laws can establish driver negligence. Together, these regulations provide a framework for victims to seek justice and secure fair compensation.
Pure Comparative Fault and Damages for Arizona Pedestrians
For personal injury cases in Arizona, pure comparative fault is used to determine the percentage of fault for the defendant and the victim. The rules established by the laws we have mentioned above are used to determine the fault percentage during pedestrian accident claims. Pure comparative fault means that if the victim is found to be some percentage at fault for the accident, the settlement amount will be reduced by that percentage.
After an Arizona pedestrian accident, the victims of the accident should reach out to a pedestrian accident attorney. This will provide find out what compensation they are entitled to. Injuries from pedestrian accidents can be severe and even fatal:
- Traumatic brain injuries
- Broken bones
- Spinal cord injuries
- Neck injuries
- Soft Tissue injuries
- Pain and suffering
- Death
Both economic and non-economic damages are available for compensation for pedestrian accident victims. Economic damages are damages determined by medical bills, lost wages, and other monetary damages. Non-economic damages are nonmonetary damages that cannot have a number placed on them like pain and suffering. Pain and suffering include depression, anxiety, PTSD, loss of a loved one, and loss of enjoyment of life.
What to Do After a Pedestrian Accident in Arizona
After a foot traffic accident, knowing what to do can protect your health, preserve critical evidence, and safeguard your legal rights. Here’s a practical guide to help you navigate the aftermath of an accident and build a strong case:
- Prioritize Safety and Seek Medical Attention
Your health comes first. Move to a safe location if possible, away from traffic or additional hazards. Even if your injuries seem minor, get medical attention immediately. Some injuries, like concussions or internal damage, may not show symptoms right away. A medical record of your injuries will also serve as essential evidence for your claim. - Call the Authorities
Report the accident to the police. An official police report creates a detailed, unbiased account of the incident, which can be invaluable for your case. When speaking with officers, stick to the facts and avoid admitting fault, even if you feel partially responsible. - Document the Scene
Use your phone to capture photos or videos of the accident scene. Focus on:- Your injuries, including cuts, bruises, or visible trauma.
- Investigate the vehicle involved, its license plate, and any damage.
- The position of the vehicle and pedestrian at the time of the accident.
- Road conditions, traffic signals, or crosswalks.
- Any debris, skid marks, or relevant signage.
Visual evidence strengthens your case by preserving the exact conditions at the time of the accident.
- Collect Witness Information
Eyewitness testimony can be critical. Politely ask bystanders for their names and contact information. Their statements could corroborate your account of the accident or provide details you may have missed. - Exchange Information
Obtain the driver’s details, including their name, contact information, driver’s license number, and insurance details. Arizona law also requires drivers to provide this information to accident victims. Keep your interaction brief and avoid discussing fault or damages. - File an Insurance Claim
Notify your insurance company as soon as possible, even if you were a pedestrian. If the at-fault driver is uninsured or underinsured, your policy may provide coverage. In Arizona, your claim may involve both the at-fault driver’s liability insurance and your own uninsured/underinsured motorist coverage. - Keep a Detailed Record of Damages
Maintain a file with all documents related to the accident, including:- Medical records and bills.
- Receipts for out-of-pocket expenses, such as transportation to medical appointments.
- Records of lost wages or reduced earning capacity due to injuries.
- A personal journal documenting pain, emotional distress, or loss of enjoyment in daily life.
- Contact a Personal Injury Attorney
Arizona’s legal landscape can be complex, especially with pure comparative negligence laws. An experienced pedestrian accident attorney can evaluate your case, handle negotiations with insurance companies, and ensure your claim accounts for all damages, including future medical needs or long-term impacts.
Strengthen Your Pedestrian Accident Claim
Arizona’s unique mix of bustling urban centers and expansive roadways means pedestrian crashes come with their own set of challenges. Whether you’re navigating Arizona’s strict traffic laws or the complexities of comparative negligence, having the right strategies can make all the difference. These tailored tips go beyond the basics, giving you an edge in securing the compensation you deserve.
- Uncover Distracted Driving Evidence:
Arizona’s distracted driving law (ARS 28-914) prohibits using handheld devices while driving. If you suspect the driver was texting, talking on the phone, or otherwise distracted, share this information with your attorney. They can request phone records or look for surveillance footage to back your claim. Catching the driver breaking this law can significantly strengthen your case. - Leverage Crosswalk Violations:
Under ARS 28-792, drivers are required to yield to pedestrians in both marked and unmarked crosswalks. If the accident occurred in one of these areas, make sure this is clearly documented in the police report. Drivers violating crosswalk laws often face penalties, and this can be pivotal in establishing fault. - Act Swiftly to Protect Your Claim:
Arizona’s statute of limitations for personal injury claims is two years (ARS 12-542). Waiting too long to act can jeopardize your case. Consulting an attorney early ensures that critical evidence is preserved and deadlines are met. - Address Partial Fault with Confidence:
Arizona’s pure comparative negligence rule allows you to seek damages even if you share some responsibility for the accident. For example, if you were jaywalking but the driver was speeding or distracted, you can still recover compensation. A skilled attorney will focus on minimizing the fault attributed to you, maximizing your settlement.
Accidents can leave victims overwhelmed, making it easy to overlook critical steps. By tapping into these Arizona-specific insights, you can take control of your case and pursue the justice you deserve. These strategies not only protect your rights but also ensure you have the tools to navigate the legal complexities unique to Arizona pedestrian accidents. With the right preparation and legal support, victims in Arizona can navigate the aftermath of a pedestrian accident with confidence and clarity.
A free consultation with an Arizona pedestrian accident lawyer will make it easier for victims to collect a full settlement for their damages. In pedestrian accidents, that result in serious injury, victims should focus on getting treatment. While they let their injury attorney handle the details of their case. The attorney is meant to take on the stress so the client can trust the attorney to gather all the details needed to get their client compensation.