Your life can change in an instant if you are hit by an irresponsible driver while walking on the side of the road or in a parking lot. These accidents cause serious injuries and showcase the fault of the driver who hit you. Team up with a trusted pedestrian accident lawyer to seek compensation for your injuries so you can overcome this difficult event.
Esquire Law takes on a variety of personal injury cases, including pedestrian accident cases in Tucson, Phoenix, and Salt Lake City. Our team of knowledgeable pedestrian accident lawyers will do everything possible to bring you justice after a tragic accident. Reach out to us today to receive a free case evaluation before filing a pedestrian accident claim.
Common Causes of Pedestrian Accidents in Utah and Arizona
Accidents involving vehicles and pedestrians happen more often than you think and for a variety of reasons. Pedestrians in Utah and Arizona risk serious injuries if they walk in the path of a distracted driver who doesn’t see them or the driver fails to give them the right of way. In some cases, the pedestrian’s actions are to blame, such as failing to use a crosswalk.
Discover the many possible causes of pedestrian-vehicle accidents below.
Incorrect Crossing
Pedestrians should always use the crosswalk to reach different parts of the road. These areas often feature stop signs or traffic lights signaling that drivers must yield to pedestrians. Failing to cross the street properly puts them at risk of being hit by a driver traveling on a designated part of the road.
Darting Traffic
If no crosswalk is available but a pedestrian has to switch to the other side of the street, they should wait until it’s safe to do so. Pedestrian accident lawyers often deal with cases where injury occurs because the victim dodges traffic instead of crossing the street when no cars are around.
Pedestrian Is Not in Sight
Accidents happen if a driver can’t see a person walking on the road. Inclement weather conditions may reduce visibility for the driver, causing them to strike a pedestrian. Another common instance when pedestrians aren’t visible occurs when their clothes blend into the surrounding environment, such as wearing dark clothing at night.
Neglecting To Give Right of Way
Drivers must yield for pedestrians in certain traffic contexts. Failing to give people on foot the right of way can lead to a collision between the vehicle and the pedestrian and cause significant injuries.
Hit and Run
Regardless of how a vehicle strikes a pedestrian, a driver may immediately leave the scene to avoid liability. This turns into a hit-and-run case and shows a driver’s negligence during an accident. These cases may be more difficult because victims can’t always track down information about the motorist.
Distracted Driver
An accident can occur if the driver takes their eyes off the road or isn’t fully paying attention to their surroundings. Distracted driving can have serious consequences for other drivers as well as bystanders. Using a cell phone, eating, or even talking with passengers can cause a driver to lose focus and hit a pedestrian in their path.
Typical Injuries Stemming From Pedestrian Accidents
As a leading Salt Lake City pedestrian accident lawyer serving both Utah and Arizona residents, we see clients suffering from a wide range of injuries. Minor accidents may produce cuts and lacerations, which put the victim at risk for infections. Serious accidents could lead to extensive injuries and even death. Our pedestrian accident lawyers in Phoenix, AZ, will handle your case if you suffer from any of these common injuries:
- Skin lacerations
- Bone fractures
- Internal injuries
- Spinal cord or traumatic brain injuries
If a loved one succumbs to a pedestrian accident injury, you can file a wrongful death lawsuit and seek justice for them. Consult our legal team to discuss your options for filing a case.
When Is a Motorist Considered Liable for a Pedestrian Accident?
When it comes to finding someone at fault for a pedestrian accident, many circumstances point blame at the driver. Review the details with a Phoenix pedestrian accident lawyer if you don’t know if you have a strong case. The court can hold drivers responsible in a civil lawsuit in the following scenarios:
- The driver was traveling over the speed limit and, therefore, had less control over slowing down for pedestrians.
- The driver was distracted when they struck the victim.
- The driver failed to give pedestrians the right of way in a legal crosswalk.
With strong evidence to support their claim, the victim’s lawyer can use this information while negotiating with the driver’s insurance company. Finding the driver is at fault for the accident could lead to a higher payout from the insurance company.
A motorist will also become liable for criminal charges if they were under the influence of drugs or alcohol at the time of the accident.
When Is a Pedestrian Considered Liable for a Car Accident?
Pedestrians may have a harder time recovering damages from their injuries if their actions contribute to the crash. For instance, failing to use a crosswalk or crossing when the traffic signal prohibits walking shifts blame onto the pedestrian rather than the driver.
A car accident may occur because of pedestrians who recklessly step onto the road as vehicles pass. To avoid hitting the pedestrian, a motorist swerves their vehicle and may end up colliding with another car or veering off the road. This scenario could injure the driver, other motorists on the road, or nearby pedestrians, as well as cause property damage.
Statute of Limitations for Arizona Pedestrian Accidents
Arizona residents who wish to file a personal injury claim with a pedestrian accident lawyer must abide by the state’s strict statute of limitations, which determines the deadline for launching a suit. In general, victims have two years from the date of the accident to open a lawsuit against at-fault drivers and their insurance companies.
However, this timeline doesn’t always apply to every accident. Accidents that involve government-issued vehicles only grant victims six months to file a claim. We
recommend filing a claim immediately after receiving medical attention to ensure you don’t miss any filing deadlines.
Statute of Limitations for Utah Pedestrian Accidents
Accident victims in Utah have a four-year period to file a lawsuit. Failing to file a claim within this timeframe can lead the court to dismiss the case and prevent victims from receiving compensation. However, some exceptions can extend or reduce the statute of limitations for pedestrian accidents.
For example, if the pedestrian hit is a minor, the statute of limitations won’t take effect until they turn 18. Accidents that find a government worker or agency at fault often have a one-year filing period and require additional paperwork. Consult our pedestrian accident lawyers in Salt Lake City, UT, to fully understand the details surrounding your case and the deadline you face.
Frequently Asked Questions
Before filing a pedestrian accident lawsuit, many people commonly have questions regarding these cases and what the victim can expect. Our legal team can break down any questions you have and guide you through proceedings as a trusted pedestrian accident lawyer in Tucson, AZ. Discover answers to some common questions we receive from clients below.
How Much Am I Entitled to in Terms of Compensation?
The total compensation a victim may receive depends on the extent of their losses. Lawyers often argue for accident victims to earn compensation that covers medical expenses, including rehabilitation and caregiver costs, as well as lost wages if the victim can’t work because of their injuries. A case may also include damages for one’s pain and suffering because of the accident.
When a Pedestrian Is Hurt in an Accident, What Right Do They Have?
Every pedestrian involved in an accident has a right to file a lawsuit and seek compensation, while drivers have the same right. Their legal teams will begin to gather evidence and determine who’s at fault for the accident.
In a Pedestrian Accident Claim, What Damages Can You Recover?
The damages pedestrians can recover depends on the extent of the injury victims sustain. Pedestrian accident lawyers argue that victims should receive economic damages to cover their medical expenses as well as lost wages. The case may also result in an award to victims for non-economic damages to compensate for a victim’s pain and suffering.
Pedestrian Accident Attorneys and Law Services in Phoenix, Tucson, and Salt Lake City
If a car strikes you while walking along the road, you have a right to seek compensation for your injuries. Let Esquire Law oversee your case and handle all litigation on your behalf. Our knowledgeable legal staff understands the specific laws that pertain to pedestrian accident cases in Arizona and Utah.
Don’t sit back and let the at-fault motorist’s insurance company offer you a lowball settlement amount. Turn to Esquire Law when you need an experienced pedestrian accident lawyer to negotiate for you and provide peace of mind. Give us a call at (801) 528-7890 to schedule a free case evaluation.