Phoenix Pedestrian Accident Lawyer
According to preliminary numbers supplied by the Arizona Department of Transportation, there were a total of 112 pedestrians killed on the roads of Phoenix in 2018. This is a significant increase of 67% over a period of five years, with an astounding 200% increase over the last ten years. Across the country, pedestrian accident fatalities and injuries have been steadily increasing since 2009. A pedestrian accident can result in injuries that range from mild to catastrophic. In some cases, the injuries sustained in this type of accident can cause permanent disabilities that can require lifelong medical care. A traumatic brain injury or spinal cord injury can change a victim’s life forever. Psychological counseling, modifications to the home, and ongoing physical therapy may be needed to help the victim cope with the many new challenges they must face because of a negligent driver.
If you have been injured in a pedestrian accident or suffered the loss of a loved one, then you may be entitled to receive compensation. Contacting a pedestrian accident lawyer will be the first step toward receiving the compensation you deserve from the at-fault driver.
How a Pedestrian Accident Lawyer Can Help
It goes without saying that when a pedestrian is involved in an auto accident, they are often the one who is left with the most serious injuries. From broken bones to traumatic brain injuries, an accident victim may face a lifetime of pain and ongoing medical expenses. Unfortunately, it’s not always easy to prove that a driver has been negligent, which is why an accident victim must seek legal guidance right away.
There are four areas where liability can fall in a pedestrian accident:
If the pedestrian is acting in an unsafe manner, their actions may be considered negligent. Examples include walking while intoxicated or jaywalking. However, Arizona is a comparative negligence state. Because of this law, a pedestrian may still have the right to bring a lawsuit even if they are partially responsible but if someone feels he/she not responsible when they were on their way on Motorbike than they must call the experienced Phoenix motorcycle accident lawyer.
Actions of Another Party
Another party such as a bicyclist, motorcyclist, driver, or another pedestrian who acts without regard to another party’s safety can be held accountable if a person is injured in an accident. A driver can be held accountable for an accident if it’s found that they were disobeying traffic safety rules, they were driving while intoxicated, or they were driving recklessly.
Under premises liability laws, a property owner is required to maintain their property for invited guests. This can include the areas that lead up to a building and its walkways. If a person trips and falls on their property because of a hazardous condition, they may have a premises liability claim.
The government has a responsibility to properly maintain public areas and keep them reasonably safe. Broken sidewalks or missing safety signs can make the local or city government accountable for a victim’s injuries.
Investigating the Scene of the Crime
With a car-pedestrian accident, the driver may not be solely to blame. Road design and crosswalk location can also contribute to an accident. Those responsible for the maintenance and design of public crosswalks must consider pedestrian safety. If the crosswalk is left unsafe, then those parties responsible can be held accountable. This can include government agencies and engineering firms. If a person is injured while using a crosswalk, a pedestrian accident lawyer can help the victim determine who is at fault.
An attorney will send investigators to the scene of the accident to preserve evidence and examine the location. A firm with resources will utilize accident reconstruction experts and engineering experts to build a solid case.
A Person Hit by a Car Can Sustain Life-Threatening Injuries
This type of accident is often catastrophic because the human body is not able to withstand the damage that’s caused by a collision with a car, SUV, or truck. The impact of being hit with thousands of pounds of force can result in serious injuries, including:
- Contusions and lacerations
- Head injuries, including traumatic brain injuries or a concussion
- Facial injuries, which can include eye injuries
- Dental injuries
- Spinal cord injuries including paralysis
- Orthopedic injuries including damage to the musculoskeletal system
When a pedestrian is struck by a vehicle, the results can be fatal. This is because of the lack of protection for the pedestrian. A pedestrian is totally defenseless against a vehicle. These types of accidents account for 3% of injuries in traffic collisions and as much as 14% of fatalities in collisions.
Unfortunately, many drivers fail to look out for pedestrians, including both walkers and runners. In most cases, this type of accident can occur, even if the pedestrian is being very cautious. Permanent, debilitating, traumatic injuries that result from this type of accident can result in emotional, physical, and substantial financial damages for the victim and their loved ones.
Hit and Run Cases
Hit and run pedestrian accidents are very common. A driver doesn’t want to be held responsible for the injuries they have caused. In some cases, the driver does not have insurance and is scared of the consequences they will have to face. If you have been a victim of a hit and run pedestrian accident, then you may be entitled to receive compensation under your auto insurance policy. Keep in mind, dealing with your own insurance company can be very much like dealing with the insurance company for a negligent driver.
An insurance company is a business. It’s out to make money, which is why your insurance company will try to pay the lowest amount of compensation possible. Because of this, you need to speak with a pedestrian accident lawyer to ensure you’re treated fairly.
Proving Driver Negligence in a Pedestrian Accident
Drivers have a duty of care to pay attention to the road ahead and keep a lookout for pedestrians. Even though the pedestrian has a duty of care to watch out for vehicles on the road, a driver has a much higher duty of care to prevent this type of collision. A driver must yield the right of way to a pedestrian in a crosswalk. The driver is also responsible for watching out for pedestrians who are also crossing the street outside of a crosswalk.
Many pedestrian accidents will occur because the driver is being negligent. This can involve intoxication, talking on the phone or texting while driving, playing with the radio, paying attention to their GPS, talking to passengers inside the vehicle, or other types of tasks that can take their attention off the road. When a driver causes an accident, they can be held liable for the following economic damages:
- Funeral expenses
- Loss of earning capacity
- Lost wages
- Medical bills
They can also be held liable for non-economic damages, such as:
- Emotional suffering
- Loss of enjoyment of life
- Mental anguish
- Physical pain
Insurance companies have teams of lawyers and claims adjusters who work together to ensure injury claimants receive the lowest settlement possible. If you or a loved one have been injured in an accident, then you need a team of legal professionals who will fight for you and your right to receive a fair settlement for your injuries.
Seeking Prompt Medical Treatment Following the Accident
In any type of personal injury case, it’s crucial that you seek immediate medical attention. In some cases, you may not feel the full effects of your injuries for several hours after the accident. Even if you feel that your injuries are not serious, you must have yourself checked out by a medical professional. Whether your injuries are mild or severe, continuing to follow your physician’s treatment recommendations will be crucial to your case. You must also keep and make copies of all of your medical records. A copy of these documents should be given to your attorney, who will follow up with the insurance company. This type of documentation will be used to negotiate a settlement with an insurance company, or it can be used during the trial, to show the court the extent of your injuries, the cost of medical treatment, and the cost of treatment in the future.
Contact the Top Personal Injury Law Firm
The pedestrian accident attorneys at the Ferguson Law Group will perform a thorough and comprehensive investigation to preserve and identify key evidence that will establish fault. We will also calculate the maximum amount of compensation that is justifiable and fair for your injuries and other types of losses. As a victim, you need a legal team on your side, one that evens the playing field when you’re dealing with insurance companies. If you’ve been injured in a pedestrian accident, contact the Arizona personal injury lawyers at the Ferguson Law Group to schedule a consultation. We can help you recover the compensation you’re entitled to. While money cannot undo the damage caused by a careless driver, a large financial settlement can help you recover the cost of the damages and losses due to the accident.
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