Phoenix Pedestrian Accident Lawyer
If you have been involved in a pedestrian accident through no fault of your own, dealing with the aftermath can be overwhelming. Recovery should be your top priority, but if you attempt to pursue legal action on your own, that may prove challenging. Fortunately, our experienced Phoenix pedestrian accident attorneys at Feller & Wendt, LLC are here to help you handle every aspect of your case to better your chances of a successful outcome and fair settlement.
Our professional team has provided top-notch legal services to the Phoenix area for many years. We have handled every type of pedestrian accident case, and we are well-versed in Arizona’s pedestrian laws. We fight tirelessly for accident victims and help them understand the scope of their cases and who may be liable.
What Does Arizona Consider a Pedestrian Accident?
Arizona offers its citizens beautiful scenery and weather, so it is no wonder the state has so many pedestrians. With so many people walking the streets, the risk of a pedestrian accident increases. In 2020, 1,351 pedestrians sustained injuries in crashes in Arizona, according to the state’s Department of Transportation. But, pedestrians include more than just people on foot. Pedestrians include any of the following:
- People in wheelchairs
- Bicyclists when they are riding on the sidewalk or in a crosswalk
Therefore, a pedestrian accident occurs when the pedestrian or driver breaks their duty to care for those around them. The following breaches of this duty can include the following:
- Failing to yield the right of way
- Crossing a street improperly
- Standing or working in a roadway
- Poor visibility
- Being under the influence of alcohol or drugs
- Running into the street
If you have sustained injuries in a pedestrian accident, you should seek medical attention immediately, no matter how you feel after the crash. This will help identify any injuries before they become a significant problem, and it can benefit your claim by providing medical evidence.
Determining Fault in Pedestrian Accidents in Arizona
When it comes to pedestrian accidents, many assume the driver is at fault, no matter the circumstances. However, this is not always the case. Both the driver and the pedestrian have certain responsibilities to uphold as per Arizona law. Driver responsibilities include the following:
- Yielding to pedestrians crossing in a crosswalk
- Stopping for school buses when the stop sign is extended
- Refraining from passing vehicles stopped at crosswalks
- Abiding by the 15-mile-per-hour speed limit in school zones
- Being cautious in areas with heavy foot traffic
Arizona law requires pedestrians to fulfill the following responsibilities:
- Following traffic control signals
- Walking on the side of the road if no sidewalk is available
- Avoiding walking on the roadway when a sidewalk is available
- Crossing streets in crosswalks only
- Yielding to vehicles when not in a crosswalk
- Walking through crosswalks quickly and on the correct side
- Not running out into the street suddenly
When the driver or pedestrian breaches their duty to care for those around them, they may be at fault for the accident. Because Arizona is a comparative negligence state, each party is assigned a percentage of fault, and their damages get reduced by that percentage. For example, if you are found 20% at fault for the crash, your damages will be reduced by 20%.
Our seasoned legal team may be able to help you gather evidence to determine an at-fault party and seek the justice you deserve. We may also answer all your legal questions with our extensive knowledge and valuable resources.
What Damages Can You Recover After an Arizona Pedestrian Accident?
Unlike drivers, pedestrians do not have protections to prevent injuries. If you have sustained injuries from a pedestrian accident, you have the right to pursue financial compensation for your losses. You may be able to recover the following damages from the at-fault party:
- Ambulance ride
- Current and future medical bills
- Hospital bills
- Property damage
- Lost wages from missed work
- Physical therapy
- Pain and suffering
- Reduced quality of life
- Mental anguish
You may also be entitled to punitive damages if you can prove the driver acted intentionally and maliciously. These damages act as a means to punish the defendant for their actions.
It’s important to note that Arizona is an at-fault state, meaning whoever is responsible for the damages must pay for them. We may be able to negotiate with insurance companies to better your chances of achieving the compensation you deserve.
When Should You File a Pedestrian Accident Claim in Arizona?
We understand the claims process can be overwhelming, but you do not have to go through it alone. We are here to help you understand the claims process and what to keep in mind. After seeking medical attention for your injuries and documenting as much as possible from the accident, you can contact us to get started on your claim.
One of the most important aspects of a claim to keep in mind is the statute of limitations. In most cases, you have two years to file, but if you file against the city of Phoenix or a local municipality, your time frame may be shorter. While two years may seem like a long time, unexpected delays can get in the way. Our knowledgeable Phoenix pedestrian accident lawyers may be able to listen to your story, determine the statute of limitations, file your claim properly and on time, and build a strong case.
Contact a Trustworthy Phoenix Pedestrian Accident Lawyer at Feller & Wendt, LLC
After sustaining injuries in a pedestrian accident, you deserve high-quality representation that will handle all aspects of your case while you recover. Our compassionate pedestrian accident attorneys in Phoenix may be able to take the weight of the legal process off your shoulders and negotiate with insurance companies to advocate for you and your owed compensation.
At Feller & Wendt, LLC, we have provided the Phoenix area with innovative, customized legal services for years. We have the skills and experience to take on any pedestrian accident and fight tirelessly for justice. To schedule a free consultation, call us at (480) 702-2277 or fill out our contact form.