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Contact our Glendale personal injury attorney at Klink Law, PLLC, for your free and confidential case evaluation following an injury to you or a family member.
Pedestrian Accident Attorney In Glendale, AZ
More than 130,000 pedestrians wind up in ERs or urgent care centers every year after being hit by a car, according to the CDC. Not surprisingly, many of those accidents (about 6,000 per year) are fatal and cause wrongful death. To make matters worse, data has shown that alcohol is involved in nearly half (47%) of all pedestrian fatalities. If you or a loved one has been hit by a car, truck, or another motor vehicle in Arizona, you may have the right to compensation. Contact our Glendale pedestrian accident attorney at Klink Law, PLLC today for a free consultation and to learn more about how we can help you hold the careless driver accountable for your injuries.
What To Do If You’ve Been Hit By A Car
With more people turning to public transportation or walking as an alternative to driving, more pedestrians are being hit on public roads. This is especially true in cities like Phoenix, where individuals frequently walk to their homes or places of work. Pedestrians are frequently struck by drivers who are too preoccupied to notice them crossing the road or walking behind a vehicle. And it will be the pedestrian, not the motorist, who pays the penalty if this happens. Fortunately, there are certain things to remember if you’ve been injured by a car in Arizona:
- Call the police and make a report
- Takedown witness information at the scene
- Take photos and video of the accident scene
- Collect as much of your own evidence as possible, including names, police reports, and so on
- Seek medical attention as soon as possible
- Call a pedestrian accident attorney in Glendale, AZ
- Don’t speak to an insurance adjuster until you’ve had a consultation with a lawyer
Proving Driver Negligence In An Arizona Pedestrian Accident
In a pedestrian accident case, most of the time it’s about establishing that you were hit by a car due to the driver’s negligence, or failing to follow a reasonable standard of care under the circumstances. It’s important to have an experienced pedestrian accident lawyer in Glendale, AZ who has represented these types of personal injury cases in the past. Having skilled and methodical legal representation gives you the best chance of winning your case. Although every case is different, the following four elements must be proven by evidence to secure a ruling in your favor.
Duty
You must establish that the driver owed you a legal duty as a pedestrian. The law generally requires drivers to be cautious when approaching individuals they see on the road, such as pedestrians. When this duty is ignored, unnecessary pedestrian accidents often occur.
Breach
The driver breached your legal rights. This means that the driver neglected to act like a normal, prudent person would have in similar circumstances. Below are a few examples of expected duty of care when operating a vehicle in Arizona. When a driver breaches their duty of care and injures a pedestrian, they can be held liable for the damages.
- Follow the speed limit or drive at a safe speed given road or weather conditions
- Stop at a red light or stop sign to allow pedestrians to cross
- Watch for pedestrians at a crosswalk or a well-known crossing
- Stop for a school bus that was letting off children
- Check for pedestrians before backing out of a parking space
- Yield the right of way to pedestrians walking in a parking lot
Causation
The motorist’s driving behavior was a significant contributing factor to your injuries. For example, because the careless driver failed to share the road with you and other pedestrians in a safe manner, you were injured as a result of their negligence.
Damages
You were injured and your property was damaged or destroyed. For example, you incurred significant bodily and emotional injuries and are now unable to work, necessitating medical expenses and losing wages. These are all damages that injury victims often deal with and without a Glendale pedestrian accident attorney working your case, you may not receive the full compensation you need to cover your damages.
Arizona Pedestrian Laws
The greatest method to safeguard yourself as a pedestrian in Arizona is to understand and follow the regulations that apply to you. Obeying the law can help you avoid dangerous contacts with automobiles to a great extent. Although you can only control your own actions, it may help keep you safer by making your movements and intentions predictable for drivers who may not be paying as much attention to the road as they should. It also can highly increase the success of your personal injury case when your Glendale pedestrian accident attorney can clearly prove that you were obeying all laws. It’s imperative to always be on the lookout, because other motorists may ignore your rights as a pedestrian. The following are some of the most important pedestrians laws in Arizona that you should be aware of when walking:
Crosswalks
Pedestrians have the right-of-way at marked crosswalks in Arizona. When a pedestrian is crossing closely enough from the opposite side of the road as to “constitute a danger,” vehicles must give way to them. When motorists do not adhere to these crosswalk laws, they can be held accountable for injuries.
Yield Signs
If a road or walkway has a Yield to Pedestrians sign, all vehicles must come to complete stops and give way to pedestrians, whether they are at a designated or unmarked crosswalk.
Intersections
Pedestrians have the right to cross any intersection that is marked or unmarked, as long as it is safe to do so. If a traffic control device is installed at the junction, pedestrians must wait for the “Walk” indication and may only traverse between two consecutive intersections.
When pedestrians do not have the right-of-way, they must yield to vehicles. Pedestrians must wait on the curb, in a safe location, until it is reasonably safe to cross. If a vehicle approaching at high speed would prevent you from stopping or yielding before reaching the roadway, you cannot suddenly leave curbs to enter the road – either at crosswalks or elsewhere. However, even if you broke a pedestrian law and caused your accident, you may still be eligible for compensation. It’s highly recommended that you speak to a qualified pedestrian accident attorney in Glendale, AZ to understand your rights and if you have a viable personal injury claim.
Arizona Pedestrian Accident Statistics
Pedestrian accidents are unfortunately frequent in Arizona. In fact, according to AZ Central, from 2012 to 2019, motor vehicles killed 1,202 pedestrians in Arizona. Additionally, 245 pedestrians lost their lives on Arizona roadways in 2018, equaling the highest number of pedestrian accident fatalities from 2012 to 2019. What’s more shocking is that same year, Arizona had the fourth-highest number of pedestrian fatalities in the United States behind only Florida, Louisiana, and New Mexico.
- Pedestrian deaths have been on the rise since 2010 when they accounted for 16% of all traffic fatalities. While pedestrian deaths increased by 46% between 2008 and 2019, the number of other vehicle accidents has risen by only 5%.
- A higher proportion of Black, Indian, and People of Color were struck and killed than was predicted based on their proportion in the population, while people who were walking and were considered white/non-Hispanic accounted for a considerably smaller percentage.
- Pedestrians are more likely to be killed in their own neighborhood, at night, and away from intersections. During the previous 10 years, the number of drivers striking and killing a pedestrian after dark has risen by 54%, compared to a 16% rise in pedestrian deaths during the day.
- Alcohol impairment by the driver or pedestrian was reported in nearly half of traffic crashes that resulted in a pedestrian fatality.
- While passenger cars account for the greatest number of vehicles in fatal pedestrian accidents, the proportion of fatalities in collisions involving SUVs has by 69% over the last decade compared to those resulting from collisions involving passenger cars, which rose by 46%.
Frequently Asked Questions
Do I Have A Pedestrian Accident Claim If I Was Jaywalking?
Yes. You are not immediately disqualified from seeking compensation for your injuries if you do not use a crosswalk. Pedestrians and bicyclists have an elevated responsibility of care when they share the road with drivers, therefore they must be carefully watched for. The court may decrease your settlement amount if it rules in your favor, depending on the specifics of your case. Although jaywalking does not help your case, it does not mean your accident is thrown out. That’s why having an experienced Glendale pedestrian accident attorney is so important to a successful personal injury claim.
Where Do Most Child Pedestrian Accidents Occur?
Young children are frequently less aware of their surroundings and the risks posed by moving vehicles. Because children are tiny, drivers may have a hard time locating them. This is exactly why when driving through regions that are likely to have more young children, motorists must be extra cautious. For example, the following areas are especially active with younger children:
- Residential neighborhoods
- School zones
- Shopping areas
- Parks and playgrounds
- Recreational areas
It’s also critical for parents to educate their children about the risks of vehicles and roadways. The dangers associated with walking through parking lots and crossing roads should be highlighted. If at all possible, parents should accompany their young toddlers on roadways while holding them or carrying them if they have outgrown a stroller. If your child has been injured by a negligent motorist, contact our Glendale pedestrian accident attorney today.
Can Pedestrians In Arizona Walk Along The Side Of The Road?
In Arizona, pedestrians are allowed to walk along the road’s edge as long on a sidewalk. Pedestrians must use any available sidewalk in Arizona. If there is no sidewalk, or if it ends abruptly, then a pedestrian can legally walk on the actual road so long as they stay on the far shoulder. They also have to walk in the opposite direction of traffic so that approaching motorists may see them clearly. Runners should obey all of the same regulations as walkers including running or jogging head-on toward oncoming vehicles.
Contact A Glendale Pedestrian Accident Attorney Today
If you or a loved one has been involved in a pedestrian accident in Phoenix, contact us for a free, no-obligation consultation. These can be quite complicated cases, and hiring a law firm that is aware of the unique obstacles associated with pedestrian accidents is your best choice for receiving the compensation you deserve. Contact our Glendale pedestrian accident attorney at Klink Law, PLLC today to discuss your case and begin planning your personal injury claim against the negligent party.
Questions? We Can Help
Based out of Glendale, AZ Klink Law, PLLC focuses on Personal Injury Litigation, Licensing Board Defense, and General Civil Litigation. David Klink takes pride in the opportunity to personally serve his clients and he will take the time to explain the legal process and answer your questions.