Pedestrians are extremely vulnerable to motorists and cyclists on the road. In 2021 alone, close to 8,000 pedestrians were killed in car crashes nationwide. It’s more important than ever for pedestrians and motorists to implement life-saving safety practices. If you or a loved one was injured in a Tucson pedestrian accident, Esquire Law, a personal injury law firm, is here to help. Our pedestrian accident attorneys have the skills and experience required to secure the compensation you deserve.
What You Should Know About Pedestrian Accidents
Common Causes of Pedestrian Accidents
Here’s a breakdown of Tucson’s most common causes of pedestrian accidents.
- Distracted Walking: Pedestrians who use smartphones, listen to music, or engage in other distractions while walking near a road cannot fully observe their surroundings, which puts them at greater risk of getting in an accident.
- Distracted Driving: Drivers who are distracted by texting, talking on the phone, changing the music, or inputting directions—among other activities—are more likely to overlook pedestrians.
- Speeding: Drivers traveling at high speeds have reduced reaction times, which can prevent them from stopping in time to avoid hitting a nearby pedestrian.
- Failure to Yield: Accidents can occur when negligent drivers don’t yield the right of way to pedestrians who walk along crosswalks and through intersections.
- Impaired Driving: Drivers who operate a vehicle while under the influence of alcohol or drugs impair their decision-making and delay their reaction time. According to the CDC, 49% of accidents that caused a pedestrian death in 2021 involved alcohol.
- Poor Visibility: Conditions like inadequate street lighting, heavy rain, and fog limit visibility for motorists, cyclists, and pedestrians alike, making accidents more likely to occur.
- Jaywalking: Pedestrians who cross streets without a designated crosswalk or intersection are more likely to be hit by an oncoming vehicle.
- Lack of Infrastructure: Poorly designed infrastructure, including unmarked crosswalks and inadequate signage, contribute to pedestrian accidents.
- Reckless Driving: Aggressive and reckless driving behaviors, like driving through stop signs and red lights, put pedestrians at a greater risk of being hit by a vehicle.
- Poor Weather Conditions: Inclement weather conditions like rain, snow, and fog not only reduce visibility but also create slippery surfaces that increase the likelihood of roadway accidents.
- Inexperienced Driver: New drivers may lack the training or experience required to safely operate a vehicle, which includes yielding the right of way to pedestrians and maintaining a safe driving distance.
- Vehicle Blind Spots: Many vehicles, especially larger ones, have substantial blind spots that prevent drivers from seeing nearby motorists and pedestrians. If a driver doesn’t see a pedestrian, they can easily cause an accident.
Types of Injuries Sustained in Pedestrian Accidents
Pedestrian accidents can result in a range of physical and psychological injuries, ranging from mild to severe. Here are some of the most common ones.
- Soft Tissue Injuries: These injuries impact the muscles, ligaments, and tendons, potentially resulting in sprains, strains, or contusions.
- Fractures: Pedestrians may sustain leg, arm, hip, or skull fractures—depending on the amount of impact—which can lead to broken bones.
- Head Injuries: Traumatic brain injuries (TBI) can develop if a pedestrian’s head collides with a vehicle or the ground, resulting in concussions, contusions, or more severe brain damage.
- Spinal Cord Injuries: The collision’s force can cause damage to the spinal cord. Possible outcomes of a spinal cord injury include paralysis and other neurological impairments.
- Internal Injuries: Blunt force trauma to any part of the body can cause severe internal damage, affecting organs like the liver, spleen, or kidneys.
- Cuts and Abrasions: Pedestrians might sustain cuts and abrasions, especially if sharp objects or surfaces strike them during the accident.
- Whiplash: Abrupt deceleration or impact can cause a rapid forward and backward neck movement, leading to soft tissue damage.
- Facial Injuries: Injuries to the face—which include lacerations, fractures, and dental injuries—can occur when a pedestrian’s face makes contact with a vehicle or the road.
- Psychological Trauma: Being involved in a pedestrian accident can cause psychological trauma that manifests as post-traumatic stress disorder (PTSD) or anxiety.
- Amputations: Severe accidents may result in severe injuries that require a limb to be amputated.
- Crush Injuries: Pedestrians caught between a vehicle and a hard surface, like a wall or another vehicle, may sustain crush injuries, which can be severe and life-threatening.
The damages you suffer due to injuries from a pedestrian accident can have long-term financial implications. Whether it’s the medical bills for treatment, lost wages while you recover, or the psychological impact of the accident, it’s essential to understand the types of compensation you may be entitled to.
Compensation for Pedestrian Accident Victims
If you were injured in a pedestrian accident, you can seek compensation from the at-fault party for two types of damages: economic and non-economic. In the tragic event of a wrongful death, surviving family members can also seek compensation for their loss, including both economic and non-economic damages associated with the untimely death of their loved one.
Economic
Economic damages are quantifiable losses that the plaintiff in a pedestrian accident incurs. Some examples of economic damages include:
- Medical bills
- Lost wages
- Property damage
- Funeral expenses
Non-Economic
Non-economic damages are more subjective and can’t be measured in monetary terms. They compensate the plaintiff for the psychological damages they suffered during or after the motor vehicle accident. Some examples include:
- Pain and suffering
- Emotional distress or mental anguish
- Loss of companionship or consortium
- Loss of enjoyment of life.
In wrongful death cases, non-economic damages can also include compensation for the emotional trauma, grief, and suffering the surviving family members endure.
While the types of compensation you can receive are clear, the amount awarded in a pedestrian accident case can vary widely depending on several factors.
Factors Affecting Compensation Amounts
Several factors can impact how much compensation is awarded in a pedestrian accident case, including:
- Severity of Injuries and Damages: The more severe the injuries, the higher the compensation is likely to be, especially if the injuries result in long-term or permanent damage.
- Economic and Non-Economic Damages: Compensation is calculated based on medical bills, lost wages, and pain and suffering. Emotional distress and loss of enjoyment of life also factor into the total damages.
- Impact on Daily Life: How much the accident has affected the plaintiff’s ability to work, engage in daily activities, or enjoy life will be a key consideration in determining compensation.
- Degree of Fault: Under Arizona’s comparative negligence laws, if the pedestrian shares any fault in the accident, the total compensation could be reduced. For example, if the pedestrian was partially to blame for not following traffic signals or walking in a non-designated area, their compensation would be reduced by the percentage of fault assigned to them.
- Law Violations: If the at-fault party violated traffic laws (e.g., running a red light, failing to yield), this could increase the amount of compensation you receive, as violations of law can be used to establish liability.
comparative negligence and how different factors influence the total payout is crucial for pedestrian accident victims. Consulting with an experienced Tucson pedestrian accident attorney will ensure that you are fully aware of your legal rights and the potential impact of these factors on your case.
Pedestrian Laws in Tucson and Arizona
Pedestrian accidents are a significant concern in Tucson, as pedestrians and drivers alike must navigate the unique challenges of the city’s roads and infrastructure. Arizona has established specific traffic laws designed to protect pedestrians, but understanding these rules is essential for both pedestrians and drivers to reduce the risk of accidents.
Rights & Responsibilities of Pedestrians
- A.R.S. 28-791: Pedestrians must adhere to traffic rules and signals. This is particularly important in Tucson, where the city’s urban planning and busy streets (like those near the University of Arizona or downtown) create numerous pedestrian crossings. Pedestrians in Tucson should be extra vigilant at crosswalks near busy intersections, especially in areas with high foot traffic.
- A.R.S. 28-793: Pedestrians crossing at locations other than intersections must yield to vehicles. In Tucson, where many streets are not equipped with crosswalks, pedestrians are at an increased risk when walking outside of designated pedestrian zones. The law emphasizes pedestrian responsibility, but local traffic enforcement and pedestrian education programs also play a key role in ensuring public safety.
- A.R.S. 28-796: Pedestrians should use sidewalks when available; if not, they are required to walk on the left side of the road facing traffic. Tucson’s urban sprawl and desert landscape can mean long stretches without sidewalks, particularly in suburban or more rural areas. Pedestrians must remain cautious on roads without sidewalks, especially when the Arizona Department of Transportation (ADOT) has limited infrastructure for pedestrians in outlying areas.
Responsibilities of Drivers
- A.R.S. 28-792: Drivers must yield the right of way to pedestrians at intersections with crosswalks. This is essential for Tucson, where pedestrian accidents are more likely to happen at intersections like those near Campbell Avenue and Speedway Boulevard, which see a high volume of foot traffic. Arizona law mandates that drivers must stop for pedestrians even if they are just starting to cross, a law Tucson residents should be aware of to reduce risks.
- A.R.S. 28-794: Drivers should exercise due care when pedestrians are nearby, particularly near schools or parks. Tucson’s large student population makes this especially relevant. Tucson drivers need to be vigilant near areas like Tucson High School or Rillito River Park, where children, teens, and families frequently walk. Drivers must be especially cautious in residential neighborhoods with narrow streets and limited visibility.
- A.R.S. 28-797: Drivers approaching school crossings must slow down to no more than 15 mph and yield to children. Tucson’s local schools, such as those in the Tucson Unified School District, see high pedestrian traffic. Neighborhoods near schools should enforce speed limits strictly to protect young pedestrians. Tucson has a history of pedestrian fatalities, and school zones are a critical area for improvement in pedestrian safety.
How Our Tucson Pedestrian Accident Lawyer Can Help
The aftermath of a pedestrian accident is often overwhelming, especially if you’re navigating it alone. A Tucson pedestrian accident lawyer can help alleviate your stress by taking the reins of your case. Here’s what an attorney can do for you.
Provide Legal Representation:
Our insurance claim lawyers have s significant expertise in pedestrian accidents, offering a deeper understanding of relevant traffic laws and how they apply to your case. We are committed to representing you with the knowledge and experience necessary to handle all aspects of your claim effectively.
Determine Liability: Establishing who is at fault is crucial for securing compensation. We’ll gather all the necessary evidence and work to pinpoint the responsible parties involved. By identifying liability, we’ll build a strong foundation for your case.
Maximize Your Compensation: While no amount of money can reverse what has happened, we aim to relieve the financial burden that comes with accident-related injuries. Our Tucson personal injury attorneys will fight to secure the maximum compensation available, covering medical expenses, lost wages, pain, and suffering.
Deal With Insurance Companies: We know that insurance companies often offer lowball settlements in an attempt to minimize payouts. Our team will handle negotiations and challenge any unfair offers, ensuring you receive a fair settlement. If negotiations don’t work, we’ll take the case to court to secure the compensation you deserve.
Represent You in Court: If a settlement can’t be reached through negotiations, we will file a lawsuit and represent you in court. Our attorneys are experienced in courtroom litigation and will fight to make sure the judge and jury understand your case.
Handle Legal Procedures: The legal process can be complicated and time-consuming. Our team will manage all the paperwork, evidence gathering, and legal filings, allowing you to focus on your recovery while we work to secure your compensation. Contact us today for a free consultation.
Choosing the Right Pedestrian Accident Lawyer in Tucson
When choosing a pedestrian accident lawyer in Tucson, experience, trust, and a strong track record are essential. Here’s why we’re the right choice for you:
Experience:
We have extensive experience in pedestrian accident cases, providing you with expert legal representation tailored to your needs. Our deep understanding of pedestrian-specific traffic laws helps us navigate the complexities of your case.
Proven Track Record:
With a history of successful pedestrian accident cases, we’ve built a reputation for delivering favorable outcomes. We’ve helped numerous clients secure the compensation they deserve, and we’re ready to do the same for you.
Understanding of Local Laws:
Our personal injury lawyers are based in Tucson and deeply familiar with Arizona’s laws surrounding pedestrian accidents. This local expertise allows us to anticipate roadblocks and strategize effectively for your case.
Transparent Fee Structure:
We believe in transparency. We’ll make sure you understand the fee structure upfront, and since we work on a contingency fee basis, you won’t owe anything unless we win your case.
Client Testimonials:
Our satisfied clients speak to our dedication and success. With a proven track record of happy clients, we are confident we can help you achieve the best possible outcome for your case.
Choosing the right lawyer can make all the difference. Let us put our experience, knowledge, and commitment to work for you.
Client Testimonials
Your lawyer should have satisfied clients. If most previous clients were satisfied with the services provided and the outcome achieved, you likely will be too.
Tucson’s Trusted Pedestrian Accident Attorneys
When you need a Tucson pedestrian accident lawyer you can count on to fight for your rights, look no further than Esquire Law. With a proven track record of winning pedestrian accident cases for previous clients, you can rest assured that we will achieve the results you want.
Don’t wait to start the process. Contact us today to schedule your free case evaluation.