Pedestrian accidents are a major problem in Phoenix and across the State. As Department of Transportation (ADOT) figures show, every day in Arizona:
- 21 pedestrian-motor vehicle collisions occur
- 18 pedestrians suffer injuries in these crashes
- 2 pedestrians die from their injuries.
Fatal pedestrian accidents are too common in Arizona, the Governors Highway Safety Association reports that Arizona actually has the country’s second-highest rate of pedestrian deaths per 100,000 residents. Pedestrian accidents are largely preventable.
They often occur because drivers of cars, trucks, motorcycles and golf carts fail to responsibly share the road with pedestrians or respect their rights.
If you have suffered injuries after being hit by a car while walking, or if you have lost a loved one in a pedestrian accident, the lawyers of Mushkatel, Gobbato, & Kile, P.L.L.C. want to help you seek justice. We are committed to pursuing just compensation for pedestrian accident victims and their families in Sun City AZ, Scottsdale, Glendale, Surprise, Peoria and throughout the Greater Phoenix area.
Call or reach us online today. An accident attorney in Phoenix or elsewhere in Arizona can discuss your case with a consultation.
How Crosswalk Laws Affect You If You Are a Pedestrian Hit By A Car in Arizona
Arizona law defines who has the right of way in specific traffic scenarios. Determining who had the right of way often lies at the heart of a pedestrian accident claim.
For this reason, you should understand the rights and responsibilities of pedestrians and motorists under state law.
In general, a motorist must yield the right of way, slow down or stop if necessary when the motorist encounters a pedestrian who is crossing the road:
- In accordance with a traffic control signal
- At a marked crosswalk
- At an unmarked crosswalk at an intersection.
Additionally, if a motorist stops to allow a pedestrian to legally cross the road, a driver approaching from behind cannot try to overtake and pass the vehicle.
At the same time, pedestrians cannot cross the road between intersections with traffic control signals unless they use a marked crosswalk.
They also must use sidewalks. If no sidewalk is available, a pedestrian must walk on the far left side of the road or shoulder, facing traffic.
Above all, motorists in Arizona must exercise “due care” to avoid collisions with pedestrians and use “proper precaution” if they see a child or “confused or incapacitated person” on a road. When necessary, a driver must warn a pedestrian by honking his or her horn. If a motorist hits a pedestrian as a result of violating one of Arizona’s traffic safety laws, the act may be deemed negligence per se. In other words, the driver’s fault might be established by the fact that he or she violated a law designed to protect pedestrians.
How Do Pedestrian Accidents Happen?
The most recent annual ADOT statistics show that 87 of 157 pedestrian fatalities (55 percent) and 840 of 1,347 pedestrian injuries (62 percent) occurred when the pedestrian was crossing a road.
Many of these accidents happen because motorists fail to follow the rules of the road – especially at crosswalks.
A Serious or Fatal Pedestrian Accident Can Occur When a Motorist:
- Ignores or fails to see a red light or stop sign
- Approaches an intersection too fast, making a stop impossible
- Fails to keep a proper lookout and see a crossing pedestrian
- Turns into a pedestrian’s path at an intersection
- Refuses to slow down and carefully pass a pedestrian
- Backs out of a driveway without checking for pedestrians
- Tries to pass a vehicle that has stopped for a pedestrian at a crosswalk or for a school bus.
If a driver struck you or a family member while acting in any of the above-described ways, you may be entitled to compensation for the physical, emotional and financial harm you or a family member has suffered.
Determining Negligence in an Arizona Pedestrian Accident
When Mushkatel, Gobbato, & Kile, P.L.L.C. meets with you in a consultation, we will try to answer all of your questions and review the facts of your case.
We can then start an investigation into your pedestrian accident.
The investigation will focus on determining whether a motorist breached a duty of care owed to you as a pedestrian and whether, as a result of that breach, you suffered actual harm.
As stated above, a driver’s fault may be established by showing that the driver violated an Arizona traffic law.
An investigation may also reveal that a driver caused your pedestrian accident because he or she:
- Drove while impaired by drugs or alcohol
- Drove while distracted (such as texting while driving)
- Drove while overly fatigued
- Speeding or otherwise engaged in reckless driving.
We can gather and analyze a wide range of evidence, including:
- Accident scene photos
- Statements from eyewitnesses
- Surveillance, red light or speed camera videos
- Black box data
- Cell phone records
- Alcohol and/or drug test results.
Additionally, we will need to determine the nature and extent of your injuries, including how your injuries impact your ability to work and enjoy your life. This will involve reviewing your medical records and consulting with experts.
What Can You Recover in an Arizona Pedestrian Accident Claim?
Our Arizona injury attorneys will pursue full and fair compensation in your pedestrian accident claim – whether it is through a settlement with the at-fault driver’s insurance company or by taking your case to court.
Our goal will be to recover compensation for all of your damages for your serious injury, including:
- Past and future medical expenses
- Lost income and diminishment of your ability to earn future income
- Pain and suffering.
If you were hit by a driver who fled the scene, a driver who lacked mandatory liability insurance or by a driver whose insurance fails to cover all of your losses, you may be able to file a claim through your own uninsured motorist / underinsured motorist (UM / UIM) policy.
We can review your insurance coverage to determine whether this option is available to you.
Keep in mind: Arizona is a “pure comparative fault” state. If your own negligence contributed in any way to your accident and injuries, it may result in your recovery being reduced in proportion to your degree of fault.
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