Pedestrian Accident Lawyer in Phoenix, Arizona
Pedestrian accidents are a big problem in Phoenix, Arizona. With the city getting more crowded and traffic getting worse, pedestrian safety is a major issue. Pedestrian accidents can be very serious and even fatal leaving victims and their families with medical bills, emotional trauma and a long recovery. When accidents happen victims need expert legal help to navigate the personal injury claim process. At Keller Swan we are here to help pedestrian accident victims, we provide full service legal help to get them the justice and compensation they deserve.
What are Pedestrian Accidents
Pedestrian accidents are collisions between pedestrians and motor vehicles such as cars, trucks, motorcycles and buses. Since pedestrians have no physical protection compared to drivers or passengers inside vehicles, these accidents often end in catastrophic results including life threatening injuries or death.
Pedestrian accidents can happen in many different locations:
- Crosswalks: Even marked crosswalks which are designed for pedestrian safety can be dangerous if drivers don’t yield or are distracted.
- Intersections: These high traffic areas are common places for pedestrian accidents especially when drivers ignore traffic signals or make unsafe turns.
- Sidewalks and Road Shoulders: Pedestrians walking along the edge of a roadway or on a sidewalk can be hit if a driver veers off the road.
- Parking Lots: Parking lots are often overlooked as accident prone areas but pedestrians are frequently hit by drivers who are backing up or not paying full attention.
- School Zones: Children are particularly vulnerable to accidents in school zones where drivers should be extra cautious but often are not.
Causes of Pedestrian Accidents
There are many factors that contribute to pedestrian accidents in Phoenix, many of which are driver negligence. Some of the most common causes are:
- Distracted Driving: Drivers who are using their phones, adjusting their navigation systems or engaging in other distractions are much more likely to miss seeing pedestrians and increase the risk of collision.
- Speeding: Speed limits are in place for a reason especially in areas where pedestrians are present. Excessive speed reduces a driver’s reaction time and increases the severity of injuries in the event of an accident.
- Failure to Yield: Drivers who don’t yield to pedestrians at crosswalks or intersections can cause devastating accidents especially if they are not paying attention to pedestrian signals.
- Impaired Driving: Alcohol or drug impairment greatly impairs a driver’s ability to operate a vehicle safely. Impaired drivers may not see pedestrians or may react too late to avoid a collision.
- Poor Visibility: Weather conditions like rain or fog and poorly lit streets can make it harder for drivers to see pedestrians. But drivers are still expected to adjust their driving behavior to account for visibility issues.
- Left Turns: Many pedestrian accidents happen when drivers are making left turns at intersections. Drivers are more focused on navigating the turn and avoiding oncoming traffic than looking out for pedestrians crossing the street.
Personal Injury Laws for Pedestrian Accidents in Phoenix, Arizona
In Phoenix, Arizona pedestrian accidents are governed by specific personal injury laws that protect victims and hold responsible parties accountable. These laws are the basis of personal injury claims that seek to recover for medical expenses, lost wages, pain and suffering and more. Understanding these laws is important if you are seeking compensation after a pedestrian accident.
1. Duty of Care
Every driver in Phoenix has a legal obligation to exercise reasonable care while operating their vehicle. This duty includes ensuring the safety of pedestrians. Reasonable care means obeying traffic laws, paying attention to surroundings, yielding at crosswalks and avoiding reckless driving behaviors like speeding or texting and driving. When drivers fail to meet this duty and injure pedestrians they can be held liable for the injuries.
2. Comparative Negligence
Arizona is a comparative negligence state which affects how compensation is awarded in pedestrian accident cases. Comparative negligence means that if a pedestrian is partially responsible for the accident their compensation will be reduced by their percentage of fault. For example if a pedestrian is crossing the street against a traffic signal and is found to be 30% at fault for the accident their final compensation will be reduced by 30%.
But even if the pedestrian is partially at fault they can still recover damages as long as their percentage of fault is less than 50%. This rule emphasizes the importance of presenting a strong case that clearly shows the driver was the primary cause of the accident.
3. Claims and Damages
Pedestrian accident victims in Phoenix can recover various damages depending on the extent of their injuries and losses. These damages can be broken down into economic and non-economic damages:
- Economic Damages: These are tangible financial losses that can be quantified:
- Medical expenses: Cost of emergency care, hospital stays, surgeries, rehabilitation, medication and any necessary medical equipment.
- Lost wages: Time missed from work due to injuries and future lost wages if the victim can’t return to work or needs a prolonged recovery.
- Property damage: In cases where the pedestrian’s personal property (phone, clothing etc.) was damaged in the accident.
- Non-economic Damages: These are more subjective and cover the emotional and psychological impact of the accident:
- Pain and suffering: Physical pain and discomfort resulting from the injuries.
- Emotional distress: Victims may experience anxiety, depression or PTSD after a serious pedestrian accident.
- Loss of enjoyment of life: In cases where the injuries permanently affect the victim’s ability to do activities they used to do.
- Loss of companionship: In fatal accidents, surviving family members may seek compensation for the loss of companionship or guidance of their loved one.
4. Statute of Limitations
In Arizona the statute of limitations for a personal injury claim from a pedestrian accident is generally 2 years from the date of the accident. That means you have 2 years to file a lawsuit against the responsible party. If you don’t file within that timeframe you may lose your right to seek damages. Act fast and consult with a lawyer to make sure all necessary paperwork is filed within the statute of limitations.
Pedestrian Accident Statistics in Phoenix, Arizona (2023)
2023 saw a lot of data on pedestrian accidents in Phoenix and it’s clear we need better safety measures and more driver awareness. According to local law enforcement and transportation reports:
Total Accidents
There were approximately 450 pedestrian accidents in Phoenix in 2023. These occurred at high traffic intersections, residential neighborhoods and commercial areas.
Injuries and Fatalities
Of the 450 accidents 300 resulted in injuries, 75 of those were serious or life threatening. Injuries ranged from broken bones and head trauma to spinal cord injuries and internal bleeding. 25 pedestrian accidents were fatal, the severity of which cannot be overstated.
Common Causes
The most common causes of pedestrian accidents in Phoenix were:
- Distracted driving: Many of the accidents involved drivers who were texting, using their phones or otherwise distracted while driving.
- Failure to yield: A lot of accidents occurred at crosswalks or intersections where drivers failed to yield to pedestrians.
- Speeding: Speed was a major factor especially on highways or major roads.
- Impaired driving: Driving under the influence of drugs or alcohol was a factor in many accidents especially at night or early morning hours.
Recent Pedestrian Accident Case
One of the most notable pedestrian accident cases in Phoenix was a pedestrian vs. commercial truck accident. In 2017 a 45 year old man was crossing at a marked crosswalk near a busy intersection in downtown Phoenix. A commercial delivery truck didn’t stop in time and hit the pedestrian causing severe injuries including multiple fractures, internal injuries and a traumatic brain injury.
The pedestrian’s lawyers filed a lawsuit against the truck driver and their employer claiming the driver was speeding, failed to yield and was negligent in following traffic laws. The lawsuit also claimed the trucking company didn’t properly train their drivers on safety protocols which contributed to the accident.
The court awarded the victim $6 million in damages for medical expenses, lost wages, long term care needs and pain and suffering. This case shows the importance of holding negligent drivers and employers responsible for pedestrian accidents especially when commercial vehicles are involved.
Why Choose Keller Swan for Your Pedestrian Accident?
Experienced Lawyers
Keller Swan has extensive experience in handling pedestrian accident cases in Phoenix, Arizona. We know Arizona’s personal injury laws and will fight hard for you. We will get you the most money for your injuries and losses. We have handled many types of pedestrian accidents including severe injury and wrongful death cases.
Personalized Service
We know that a pedestrian accident can be a physically and emotionally draining experience. At Keller Swan we put our clients first and provide personalized service throughout the process. We will listen to your concerns, investigate your case and develop a plan to get you the best result. From the initial consultation to the end of your case we will be with you every step of the way.
Results
Keller Swan has a history of getting good results in pedestrian accident cases. Our focus on excellence and client satisfaction means we get results that meet your needs and hold the negligent parties accountable. Whether through negotiations with insurance companies or in court we will fight for you and help you get your life back on track after a serious accident.
What to Do After a Pedestrian Accident
If you or a loved one has been in a pedestrian accident do:
1. Get Medical Help
No matter how minor your injuries, get medical attention right away. Even if you feel fine, some injuries may not be apparent. A medical professional can examine you, document your injuries and treat you. These medical records will be important evidence in your personal injury claim.
2. Report the Accident
Call the police and file a report on the pedestrian accident. Law enforcement will investigate the scene and document the accident in a police report which will be important when seeking compensation. Get a copy of the police report for your files.
3. Get Evidence
If you can, take pictures of the accident scene, your injuries and any property damage. Get contact information from witnesses who saw the accident. Any evidence you get will help your case by providing a clear picture of what happened.
4. Call an Attorney
Before talking to insurance companies or making any legal decisions call an experienced pedestrian accident attorney at Keller Swan. We will review your case, handle insurance company communication and make sure your legal rights are protected. We can walk you through the process and get you the most money.
Call Keller Swan Now
If you or a loved one has been in a pedestrian accident in Phoenix, Arizona get help now. The lawyers at Keller Swan will guide you through the personal injury process and get you justice. Call today for a free consultation.
