Pedestrian Accident Lawyers in Phoenix
A lawyer at Kamper & Estrada, PLLC is available to help victims and their families after being injured while walking on a sidewalk, road, crossing, parking lot, or street way. Pedestrians have the right to walk in these areas without fear; however, all too often, there are accidents. When they happen, tragic injuries can result.
According to The National Highway Traffic Safety Association, up to 5,000 pedestrians are killed by a motor vehicle and 76,000 are injured each year. In Phoenix, traffic volume is increasing, and so too are pedestrians walking to work, entertainment venues, parks, and homes. This combination has led to a surmounting number of devastating—even deadly—incidents in vehicle versus pedestrian accidents.
Kamper & Estrada, PLLC understands the potential repercussions of these accidents and routinely fights for the victims and their family members. We have years of experience in getting successful results for thousands of clients. Regardless of the extent of your injuries or the exact details of the incident, we are interested in hearing your story during a free consultation.
When Drivers Don’t Share the Road Safely
America’s roadways are used for a variety of reasons, mainly for vehicles, bicyclists, motorcyclists, pedestrians, trucks, and more. It is the responsibility of each person to act in a safe manner and abide by laws. However, those that break these rules could put others in serious jeopardy. Our lawyers have seen how pedestrian accidents can change the lives of people forever. Injuries tend to be serious, long-term, and expensive. We can fight for you because someone else decided to behave poorly on the road.
Arizona’s Pedestrian Accident Statistics Are Among the Worst in the Nation
Driving is a necessity for most people living in Arizona, but there are plenty of pedestrians as well (including runners and people traveling on motorized or manual wheelchairs). Unfortunately, pedestrians take their lives in their hands each time they get on, or even near, the road.
In 2017, Arizona had a pedestrian fatality rate that was more than twice the national average. A total of 226 pedestrians were killed that year, and more than 1,500 others were injured in pedestrian accidents. The Phoenix Metro (and Maricopa County generally) had the highest concentration of pedestrian injuries and deaths. Therefore, if you’ve been injured in a pedestrian accident, you’re certainly not alone. Thankfully, you can work with an experienced lawyer from Kamper & Estrada, PLLC to seek justice for the harm you have suffered. Although holding those who hurt you accountable can be a stressful experience, it is worth your time and energy to seek the compensation you’re entitled to. Our lawyers will handle the legal “heavy lifting” so you can focus on your recovery.
Drivers Legally Required to Be Mindful of Pedestrians
State law requires drivers to yield the right of way to pedestrians crossing in crosswalks. Most people could assume that, even if they never learned it in driver’s education courses. However, the law imposes other responsibilities on drivers when they are near crosswalks or other places pedestrians are likely to be.
- If a driver is stopped at a crosswalk, other drivers are prohibited from passing the stopped vehicle
- If a school bus is stopped with its lights flashing and stop arm extended, other drivers are prohibited from passing
- In school zones, drivers must reduce speeds to no more than 15 miles per hour
The law (and societal judgment) is particularly harsh when it comes to drivers who harm or endanger child pedestrians. The most at-risk population for pedestrian accidents is kids ages five to nine years old. They are harder to see, and their behavior in/near streets is harder to predict. The most important thing drivers can do is slow way down and pay close attention in areas where children have been seen or are likely to be present. This doesn’t just apply to school zones. Drivers also need to be especially careful when driving in residential areas in near parks. If your child has been harmed by a motorist, know that our team can help. Your child deserves justice, and we’d be honored to assist you in obtaining that justice.
A Note About Pedestrian Distraction
Drivers could easily injure or kill a pedestrian during a collision, which is why the burden of safety falls largely on them, but pedestrians need to be responsible for their own safety as well. In recent years, “distracted walking” has become a problematic phenomenon in the same way that distracted driving has. It is very common for pedestrians to be wearing earbuds and looking at their phones even as they cross busy streets and otherwise travel near motor vehicles.
Aside from any questions of legal liability (or comparative negligence in the case of an accident), distracted walking is, quite simply, a very bad idea. As a pedestrian, any accident could be fatal. Even if you didn’t cause a crash, you are the one who stands to lose the most. Therefore, it is critical to be vigilant at all times. That includes ensuring that you can see and hear traffic and that you are walking sober and attentively. With that said, even if you were distracted at the time of your accident, chances are that you were less than 50% at fault for the harm that was caused. Why? The law understandably places a greater burden on motorists driving massive vehicles to keep the roads safe. If someone hit you, chances are that they were driving negligently or recklessly, regardless of whether or not you were distracted.
Please don’t hesitate to connect with our team, even if you think you may have been to blame for your injuries.
Proving Negligence in a Pedestrian Accident
When you start working with a member of our legal team, we will initiate a full investigation to determine who is at fault and whether or not negligence was a factor. More often than not, it is the driver of another vehicle that caused the accident. Sometimes, an investigation also shows that the victim is partially to blame. When this is discovered, there may still be grounds for a legal claim.
By legal definition, negligence is the failure to implement reasonable care, thereby causing harm, damage, or injury to another person.
To establish negligence, lawyers must show:
- The defending party had a legal duty to fulfill certain factors or obligations
- This duty or obligation was breached
- It was this breach of action that caused the accident
- The plaintiff was harmed because of this the breach
When Negligence Turns Deadly
Our lawyers have seen how pedestrian accidents can turn fatal, and the cause of these incidents is often negligence. A driver on the road may have hit a pedestrian due to being intoxicated, running a red light, turning right without looking first, driving distractedly, and out of sheer recklessness. In most cases, it is not the pedestrian’s fault that they were struck by a driver. Rest assured, our team can investigate further to hopefully uncover more vital details and evidence.
Survivors Sustain Severe Injuries
If a pedestrian survives being hit by a driver, they are likely to suffer from very painful and severe injuries. In a crash between a pedestrian and car, chances are the person is going to be the one with the most drastic of injuries and damage. As a pedestrian, you don’t have protection and are at the mercy of the car driver.
Some common injuries that our firm has seen clients endure include, but are not limited to, the following:
- Broken bones
- Head trauma
- Road rash
- Emotional trauma
- Brain injury
- Spinal cord damage
- Broken jaw
- Facial wounds
The injuries listed above don’t just cause agonizing pain and suffering, as they also entail costly medical bills and fees. A member of our legal team can help take some of the burden off your shoulders so you can focus on healing. We can handle the paperwork as you overcome the accident. Your lawyer is likely to ask for documents like out-of-pocket receipts, hospital bills, doctor assessments, prescription medication, loss of pay from missing work, and any other information that shows the depth of what you have lost. Then, we can fight to get you the compensation needed to overcome.
Understanding the Driver’s Duty of Care
In general, a driver must exercise caution while on the road. When they fail to do so, they are essentially putting the lives of others at risk.
Our legal team may look to see whether or not any of the following could be considered an incidental factor:
- Driving while distracted
- Reckless driving
- Driving to intimidate
- Speeding over the limit
- Driving too slow
- Ignoring traffic signals or lights
- Failing to signal while turning
- And more
To establish these things, a lawyer may analyze dash cam footage, surveillance footage, phone logs, witness statements, and so forth.
Understanding the Pedestrian’s Duty of Care
Pedestrians are also obliged to exercise care on a sidewalk, road, or parking lot. If contributory negligence is an element, you may have to take partial responsibility. In general, a lawyer can determine a fair percentage for which you are liable. This numerical value will then be deducted from the total settlement. For instance, if you are found to be 20% liable, you will lose 20% of the damages.
Examples of pedestrian negligence may include:
- Ignoring the “walk” signal
- Failure to use a crossing bridge
- Abruptly entering the flow of traffic
- Walking while distracted (i.e. using a phone)
- Walking while under the influence of a narcotic or alcohol
- Darting in front or behind of a vehicle
Before making any assumptions about your case, it’s advisable get an opinion from our team, who is knowledgeable in personal injury law.
Consider Who Saw the Accident Happen
If a bystander or someone you know was present and saw the accident occur, then their statement can be very helpful as you pursue compensation from the at-fault driver. A member of our legal team can contact them and ask for an official statement to ensure that their story supports your claims. Victims of pedestrian accidents can take action. You do not have to accept what happened to you.
If you would like to discuss your case in further detail, the pedestrian accident lawyers in Phoenix at Kamper & Estrada, PLLC offer free consultations to new clients. Please call (602) 663-9952.