Phoenix Pedestrian Accident Lawyer

Pedestrian accidents are more common than you might think. In 2021, there were 7,388 pedestrian fatalities associated with traffic accidents. This number increased by 12.5% from 2020, which saw 6,565 pedestrian fatalities. While pedestrian safety is just as important as motorist and cyclist safety, it’s often neglected. Reaching out to a Phoenix pedestrian accident lawyer can be crucial for navigating these unfortunate incidents.

If you’re the victim of a pedestrian accident, contact Esquire Law for legal representation. Our pedestrian accident lawyers in Phoenix have what it takes to bring the at-fault party to justice and secure the compensation you deserve.

Common Causes of Phoenix Pedestrian Accidents

Pedestrian accidents in Phoenix are casued by a range of factors that contribute to pedestrian accidents, creating significant risks for those navigating the city on foot. According to the Arizona Motor Vehicle Crash Facts 2023, there were 1,882 pedestrian crashes, accounting for 1.54% of total crashes. Of these, 1,611 crashes (85.60%) resulted in injuries, leaving 1,710 pedestrians injured, and 271 crashes (14.40%) were fatal, claiming the lives of 271 pedestrians.

Understanding what causes these accidents can help all of us navigate the city more safely. Here are some of the most common factors contributing to pedestrian accidents in Phoenix:

• High-speed roadways near downtown and residential intersections, which increase the severity of injuries during collisions.
• Distracted driving, including texting and other mobile device use, which significantly reduces drivers’ reaction times.
• Impaired driving due to alcohol or drug use, a persistent issue resulting in catastrophic outcomes.
• Failure to yield to pedestrians at crosswalks and unmarked intersections
• Pedestrian negligence, including jaywalking or crossing in unsafe areas, although drivers are still required to exercise caution.
• Infrastructure challenges, including poorly lit streets and insufficient pedestrian crossings.
• Phoenix’s urban heat island effect, which can cause heat-related disorientation and increase pedestrian vulnerability.

By understanding these causes, individuals can better advocate for improved safety measures and take precautions to reduce the likelihood of accidents.

What to Do After a Pedestrian Accident

If you’ve been hit by a car in a pedestrian accident in Phoenix, taking the right steps can significantly impact your recovery and ability to secure compensation. In case the accident happens to you, be sure to go through the next checklist:

1. Check for Injuries: The first thing you should do after getting in an accident is make sure you’re okay. Check your person for any visible injuries. Call 911 if emergency medical care is needed.
2. Contact Law Enforcement: Call the police to report the accident. If officers respond, they will gather information from those involved to file a police report. If officers don’t respond, you can file an accident report through the local DMV. Whichever report is filed, be sure to grab a copy of it for later use.
3. Exchange Information: Exchange information with the driver(s) involved in the accident. Share your name, phone number, email address, and insurance information. You should also note their vehicle make, model, year, and license plate number.
4. Gather Evidence: Take photos and videos of the scene. Retake any that are blurry.
5. Seek Medical Attention: Not all injuries are noticeable. You could have suffered internal injuries that won’t present themselves until days or even weeks after the accident. Don’t wait until it’s too late. Visit an urgent care facility or primary care doctor to be safe.
6. Consult a Phoenix Pedestrian Accident Lawyer: You’re going to need legal representation after your accident. The claims process is complicated. You don’t want to navigate it on your own. Phoenix pedestrian accident attorney will provide legal counsel, ensure deadlines are met, and help secure financial compensation.
7. Notify Your Insurance Company: Most insurance companies require those who hold a policy with them to report any type of accident, no matter how minor it may be. Notify your insurance provider about the accident as soon as possible. Be careful not to say anything that could be considered admitting fault.

Taking the right steps after a pedestrian accident not only aids in your recovery but also lays the groundwork for protecting your rights and pursuing compensation. Following the checklist outlined above ensures you are prepared to navigate the immediate aftermath and handle the complexities of legal and insurance claims.

Why Evidence Is Essential

After an accident, evidence serves as the cornerstone of any legal claim. It reinforces your case and protects your interests during negotiations or litigation in the next ways:

1. Establish Liability: Evidence helps determine who caused the accident. This is critical for determining responsibility and accountability. It is difficult, if not impossible, to establish liability without key evidence.
2. Support Claims: Evidence provides support for the injured pedestrian’s claims regarding the extent of their injuries and losses. This includes medical bills, treatment records, and other documentation that substantiates the damages claimed.
3. Dispute Claims: Providing evidence can help refute or challenge claims made by the at-fault party, their insurance company, or their legal representatives. It can help establish the accuracy and validity of the pedestrian accident claim.
4. Negotiate with Insurance Companies: When negotiating with insurance companies, strong evidence can make a persuasive case for fair compensation. Insurers are more likely to settle for a reasonable amount when confronted with compelling evidence.
5. Calculate Damages: The evidence can demonstrate the severity and cost of the pedestrian’s injuries and losses, which is crucial for determining the amount of compensation to which they are entitled.
6. Reconstruct the Accident: Evidence, such as accident scene photos, damage assessments, and accident reports, can help reconstruct the accident sequence and clarify how it occurred. This is valuable in determining liability.
7. Secure Fair Compensation: By providing compelling evidence, the injured pedestrian can increase their chances of obtaining fair compensation for medical expenses, lost income, pain and suffering, and other damages.
8. Avoid Legal Challenges: Proper evidence can prevent legal challenges and disputes, ensuring a smoother and more efficient legal process.

Pedestrian Laws in Arizona

Arizona’s pedestrian laws also play a pivotal role in shaping accident claims and determining liability. These laws establish the responsibilities of both pedestrians and motorists, ensuring safety and clarifying accountability. In case of an indecent, being aware of these regulations not only strengthens your case but also helps you navigate the legal process with confidence:

ARS 28-646: Pedestrians are required to promptly cross the street when a traffic signal permits them to do so, provided that traffic has come to a halt.

ARS 28-791: In cases where there is no pedestrian crossing signal at an intersection, pedestrians are obligated to adhere to the instructions provided by traffic control devices.

ARS 28-792: Motorists must yield the right-of-way to pedestrians who are in a crosswalk on the same side of the road or on the opposite side if their proximity makes it dangerous not to do so.

ARS 28-793: When pedestrians cross the street at an intersection and no markings are present, they must yield to cyclists and motorists.

ARS 28-794: Drivers must exercise heightened vigilance when encountering individuals with disabilities or children on the road and should make every effort to avoid collisions, even using their horns if necessary.

ARS 28-795: Pedestrians using a crosswalk should stay on the right side while crossing the street.

ARS 28-796: Pedestrians should utilize sidewalks when they’re available. If a sidewalk isn’t available, pedestrians should walk on the shoulder while facing oncoming traffic.

ARS 28-797: Motorists must observe school crossing zones during school hours and must not exceed 15 mph when passing through them. Drivers must stop fully and wait if a child is crossing the street.

Rights of Pedestrians

Right of Way in Crosswalks: Pedestrians have the right of way when crossing the street at an intersection, whether or not a marked crosswalk is present. Drivers must always yield to pedestrians in crosswalks.

Crossing at Intersections: Even if a crosswalk isn’t clearly marked, pedestrians still have the right of way to cross. In such cases, drivers should yield to pedestrians.

Sidewalk Usage: Pedestrians have the right to use sidewalks for safe walking. If a sidewalk is not available, be sure to walk on the left-hand side of the road, facing traffic. This way, you can see oncoming traffic.

Accessible Crosswalks: Pedestrians with disabilities who use mobility aids, such as wheelchairs or canes, have the right to accessible crosswalks and curb cuts for easy passage.

Arizona Insurance Laws and Issues

Building on pedestrian laws, Arizona’s “fault-based” insurance system outlines financial responsibilities in accidents. The at-fault driver’s insurance covers damages, with minimum liability requirements established by ARS 28-4009:

Bodily Injury Liability:

• Minimum of $25,000 per person injured.
• Minimum of $50,000 for all persons injured in a single accident.

Property Damage Liability:

• Minimum of $15,000 for property damage in an accident.

These minimum coverage levels ensure that drivers can financially cover injuries and property damage they may cause to others in an accident. It’s important to carry proof of insurance when driving, and failure to maintain the required coverage can lead to penalties and legal consequences. Verify the current requirements with the Arizona Department of Transportation or an insurance professional, as regulations may change.

Statute of Limitations

In addition to these legal protections, the statute of limitations plays a critical role in pedestrian accident cases by establishing deadlines for filing personal injury claims:

• Personal Injury and Wrongful Death Claims: Arizona law (ARS §12-542) allows two years from the date of the accident or death to file a lawsuit.
• Tolling for Minors: For minors, the statute of limitations is tolled until they reach the age of majority (18). This means the two-year period begins on their 18th birthday, providing additional time to pursue a claim.

It is vital to act promptly to avoid losing the right to seek compensation due to an expired deadline.

Compensation and Damages

In pedestrian accident cases, compensatory damages are designed to compensate the injured party for the losses and suffering they have experienced due to the accident. Here are the common types of compensatory damages in such cases:

1. Medical Expenses
   These damages cover the cost of medical treatment related to the pedestrian accident. This includes expenses such as:
   • Hospital bills
   • Doctor’s visits
   • Emergency room care
   • Surgery and other medical procedures
   • Prescription medications
   • Physical therapy
   • Rehabilitation
   • Medical equipment (crutches, wheelchairs, etc.)
2. Income Losses
   Pedestrian accident victims may be unable to work or may miss time from work due to their injuries. Compensation for income losses may include:
   • Wages that were lost while the victim was unable to work
   • Wages that can’t be made due to the victim’s reduced earning capacity
3. Pain and Suffering
   These damages compensate the pedestrians for the physical and emotional distress they have suffered due to the accident. Pain and suffering damages may include:
   • Physical pain resulting from injuries
   • Emotional distress, like anxiety, depression, or PTSD
   • Loss of enjoyment of life
4. Property Damage
   In pedestrian accidents, this category includes compensation for damage to personal property, such as clothing, personal items, or electronic devices that were damaged during the accident.
5. Loss of Consortium
   These damages compensate the victim’s surviving spouse or children who relied on them for financial support. It covers the loss of companionship and care as a result of the accident.
6. Out-of-Pocket Expenses
   This category covers additional expenses that are directly related to the accident but not included in medical expenses or property damage. Examples include transportation costs for medical appointments or home modifications to accommodate the injuries.

Punitive Damages and Pedestrian Accidents

While compensatory damages focus on covering the victim’s losses, punitive damages serve a different purpose in certain pedestrian accident cases. These damages may be awarded when the at-fault party’s conduct goes beyond negligence and involves reckless or malicious behavior, such as a driver intentionally disregarding traffic laws or driving under the influence.

In pedestrian accident cases, punitive damages serve as:

1. Punishment: Punitive damages punish the defendant for their bad behavior. The amount of punitive damages is typically higher than compensatory damages (those meant to compensate the plaintiff) to create a significant financial penalty.
2. Deterrence: By imposing substantial financial consequences on the defendant, punitive damages aim to deter not only the defendant from repeating their harmful conduct but also to send a message to others that similar behavior will not be tolerated by society.
3. Civic Responsibility: Punitive damages can help society express its disapproval of particularly heinous or malicious actions. They can serve as a means of social justice.

In cases where punitive damages apply, they emphasize not only the responsibility of the at-fault party but also the importance of protecting vulnerable road users like pedestrians

Challenges With Insurance Policies of At-Fault Drivers

Even with compensation frameworks in place, navigating insurance challenges adds another layer of complexity. Understanding these hurdles can help you prepare and take the necessary steps to overcome them.

• Coverage Limits: Many at-fault drivers carry only the minimum required insurance coverage, which may be insufficient to fully cover the expenses of all parties involved. This often leaves victims facing significant out-of-pocket costs for medical bills, repairs, or other damages.
• Legal Consequences for the At-Fault Driver: When insurance coverage falls short, at-fault drivers may face lawsuits or legal action to recover additional damages. This process can be lengthy and does not guarantee full compensation for the victim.
• Premium Increases: The at-fault driver’s insurance premiums are likely to rise after an accident. While this is more of a consequence for the driver, it can indirectly affect negotiations if the insurer resists paying out claims to minimize financial loss.
• Coverage Denial: Insurance companies may deny claims for various reasons, such as disputes over liability or policy exclusions. In such cases, victims may be left without compensation unless they pursue legal action.
• Non-Insured Drivers: If the at-fault driver does not have insurance, obtaining compensation becomes significantly more challenging. Victims must rely on their uninsured motorist (UM) coverage or explore other legal avenues.
• Delayed Payouts: Insurance claim processing can be slow, leaving victims waiting for compensation to cover urgent expenses such as medical bills and vehicle repairs. This delay can create additional financial stress.
• Disputes Over Fault: Insurance often investigates accidents thoroughly and may dispute the degree of fault assigned to their insured driver, further complicating the claims process.
• Policy Exclusions: Some policies have exclusions that may prevent the insurer from covering specific types of damages, such as punitive damages or certain medical treatments.
• Uncooperative Drivers: In some cases, the at-fault driver may fail to report the accident to their insurer, causing delays or complications in processing the injury claim.
• Underinsured Motorists: Even if the driver has insurance, their policy limits might not be enough to cover severe accidents involving extensive property damage or life-altering injuries.

By anticipating these challenges and taking proactive steps—such as consulting a personal injury lawyer and gathering strong evidence—you can protect your rights and pursue the compensation you deserve.

Why Choose Us As Your Pedestrian Accident Attorney In Phoenix?

At our personal injury law firm, we understand how overwhelming life can feel after a pedestrian accident. Our goal is to guide you through every step of the legal process with care, expertise, and dedication, ensuring that you feel supported and informed along the way. Here’s how we can help:

Free Initial Consultation

The first step in your journey toward justice is a free case evaluation. This meeting gives us the opportunity to understand your situation, learn about the accident, and identify the challenges you’re facing. It’s also your time to ask any questions, share your concerns, and learn more about how we can help. Our focus is on providing you with clarity and confidence as we move forward together.

Thorough Investigation

Once you hire us, we get to work immediately. Our team conducts a detailed investigation of your case, gathering critical evidence such as accident reports, witness statements, surveillance footage, and medical records. We work to uncover the facts, reconstruct the accident if necessary, and build a compelling case that demonstrates the other party’s liability.

Negotiation with Insurance Companies

Insurance companies often try to minimize payouts, but we won’t let them undervalue your claim. Our experienced attorneys handle all communications and negotiations with the at-fault party’s insurance company. We fight tirelessly to secure a fair settlement that covers your medical expenses, lost wages, pain and suffering, and other damages.

Filing a Lawsuit if Necessary

If negotiations don’t result in a satisfactory settlement, we are fully prepared to take your case to court. Our team will file a lawsuit against the at-fault party and ensure all legal deadlines are met. This step demonstrates our commitment to securing the compensation you deserve, no matter how challenging the process may be.

Representing You at Trial

Should your case go to trial, we will be by your side every step of the way. Our skilled litigators present all relevant evidence and argue your case passionately and effectively. We handle the legal complexities so you can focus on your recovery.

Securing the Verdict

Finally, we work to achieve the best possible outcome for your case. Whether through a negotiated settlement or a court verdict, our priority is ensuring you receive the compensation you need to move forward. We are dedicated to holding the at-fault party accountable and helping you rebuild your life.

With our team on your side, you don’t have to face this process alone. We are here to provide the expertise, support, and advocacy you need to navigate the aftermath of your accident and secure the justice you deserve. Contact us for a free consultation today!

See What Our Clients Have to Say

Thanks to our track record of success representing personal injury cases, Esquire Law is the name you can trust to get the results you want. But don’t just take our word for it. See what previous clients have to say about us.

“I spoke with Esquire Law about an accident I had that the police placed me at fault. I wasn’t really expecting it to go anywhere, but they took my case, and in no time they had a settlement offer for me. The settlement was way more than I expected. They were friendly and actually cared about me. I am grateful for the work they did and will recommend them to everyone.”

– Daniel Engstrom

“Esquire Law’s Salt Lake office did EVERYTHING for me from the first phone call. Hassle-free, easy, and empathic. Everything was straight to the point and they recovered a great settlement. Would definitely recommend!”

– Tonya Youngberg

Elite Representation in Phoenix for Pedestrian Accident Victims

Do you want to create a safer community for pedestrians like you? One way to achieve this goal is by holding the person who hurt you accountable for their actions, as it will deter others from making the same mistake. 

A Phoenix pedestrian accident lawyer at Esquire Law is ready to take on your case. Our personal injury attorney will start with a free case evaluation to better understand your situation and pave a path forward. With your success as our top priority, you can count on us to fight for your rights and secure your rightful compensation. Contact Esquire Law today to start the process.