Tempe Pedestrian Accident Lawyer
There are numerous reasons to walk, jog, or run in Arizona. The beautiful scenery, flat terrain, and favorable weather make it the perfect place to move on foot. Nonetheless, pedestrians in Arizona are always at risk of getting into an accident.
In 2019, Arizona’s average pedestrian fatality rate was above the national average. A combined 220 pedestrians died from road accidents. If you or a loved one is injured in a pedestrian accident, hiring a personal injury lawyer in Tempe and understanding the provisions of the law is essential to building a winning case.
Understanding Pure Comparative Fault in Pedestrian Accident Cases
Arizona has set regulations for vehicle drivers and pedestrians to help reduce the number of pedestrian accidents on the road. According to the state traffic guidelines, all Arizonian motorists should:
- Yield to pedestrians at a crosswalk when they’re crossing the road
- Minimize speed to15 miles an hour when driving through a school zone
- Do not pass another vehicle that has stopped at a crosswalk
- Maintain their traveling lanes to avoid hitting a pedestrian on a sidewalk
- Do not pass school bus if it has a stop sign and flashing lights
- Be cautious in high foot traffic areas
The Arizona laws also have several conditions for pedestrians to meet. These include:
- Follow traffic signals at intersections
- Yield to the right-of-way to cars when not at a crosswalk
- Cross only at a marked crosswalk at interjections where traffic signs are operational
- Move expeditiously on the right side of a crosswalk whenever possible
- Not to suddenly run into or appear in the path of a vehicle
- Always walk on a sidewalk except when it is unavailable, during which they must stick to the left side of the road when running or walking with shoulder facing traffic
With drivers and pedestrians having a duty to exercise reasonable care, the Arizona law looks at both sides when determining fault. Under pure comparative fault, the cost of damages a plaintiff can get is subtracted from a percentage equal to the plaintiff’s degree of fault, regardless of the percentage.
For example, if Ashton was texting while driving his car and Susan began crossing the same road, despite the lack of a crosswalk, and an accident occurs, they both share a degree of fault. Suppose a court determines Susan (plaintiff) was at 20% fault while Ashton (defendant) was 80% to blame. Susan will only recover 80% of the damage from the accident and not 100%.
Common Causes of Pedestrian Accidents in Tempe
Much of the blame for pedestrian accidents goes to drivers rather than pedestrians themselves. Many pedestrian deaths from vehicle accidents are due to:
- Distracted drivers: A driver texting, calling, or focusing on a device is one of the leading causes of road accidents.
- Impaired drivers: Drivers under the influence of drugs or alcohol are the single most significant reason for fatal pedestrian accidents as they’re not fully aware of their surroundings.
- Impatient drivers: Drivers that do not yield the right of way to pedestrians crossing the road at a crosswalk or drives that drive around them are a leading cause of pedestrian accidents.
- Speeding: Drivers driving at high speeds in high-foot traffic areas, switching lanes abruptly, and making illegal turns in a hurry is another leading cause of pedestrian accidents in Arizona.
If you or a loved one has been injured in a pedestrian accident in Arizona, you should consider speaking with a Tempe personal injury attorney who may be able to help you obtain the necessary evidence against a motorist. Evidence may include traffic footage, vehicle computer data, eyewitnesses, and other valuable proof of what happened.
Damages Available in a Pedestrian Accident in Tempe, Arizona
Pedestrian accidents are the riskiest of all road accidents, as pedestrians are more exposed. With no airbags, steel cages, or seat belts to protect a pedestrian, such accidents can result in severe injuries or even death. Some of the common injuries pedestrians incur include:
- Traumatic brain injuries
- Soft tissue injuries
- Broken bones
- Spinal cord injuries
If you or a loved one suffers any of these injuries from an accident, you may be entitled to financial compensation based on the defendant’s breach of duty to care and fault. These include:
- Economic damages: Consisting of medical expenses incurred until full recovery and lost wages for the duration of the out-of-work period.
- Non-economic damages: Covering both the physical and emotional pain and suffering caused by an injury.
- Punitive damages: If a driver intentionally acts against the law, the court may instruct them to pay additional fines to the plaintiff in the form of legal fees or other expenses.
An experienced Tempe attorney in a pedestrian accident case is vital to the amount you receive as compensation, whether through an out-of-court settlement or a court ruling.
Contact Expert Tempe Pedestrian Accident Lawyers at Feller and Wendt Law Firm Today
The legal team at Feller & Wendt, LLC has more than 25 years of experience helping victims recover damages from different personal injury cases and can help you hold the negligent party accountable for their actions. Schedule a free legal consultation with our personal injury attorneys if you have suffered an injury or lost a loved one due to someone’s carelessness on the road. Let us fight for your rights and help secure a fair settlement for your case. Call (801) 499-5060 or fill out our contact form to schedule your free consultation today.