A “pedestrian accident” occurs when a jogger, walker or bicyclist is struck by a person who is operating a mode of transportation such as a scooter, bicycle, car, motorcycle, bus, truck, etc. The Arizona Department of Transportation (ADOT) published a report in 2018 called “Motor Vehicle Crash Facts.” The report proves that accidents involving automobiles and pedestrians are rising in the state of Arizona and throughout the United States.
If you or someone you love has been struck by a car in Phoenix while walking, jogging, or riding a bicycle, it is crucial that you speak with a qualified Phoenix pedestrian accident attorney. The deadline in which you may file a claim to recover monetary compensation is limited according to Arizona’s statutes of limitations. If Torgenson Law is able to represent you or your loved one, our legal team will act quickly to present and collect essential evidence and witness testimony necessary to build your case. Torgenson Law has successfully represented plaintiffs throughout the state of Arizona and our attorneys can even come to you. Simply call Torgenson Law at (602) 759-0012 to receive your free case review.
The process of pursuing a liability claim for injuries caused by another individual or entity involves complex legal procedures, the rules of evidence, extensive case law and statutes, and effective application of the law to the specific facts.
If you or someone you love is injured in a pedestrian accident, you should understand your legal rights and how the pedestrian accident injury or wrongful death claim process works. Torgenson Law offers a free case evaluation to answer all of your important legal questions. There is no cost to you or obligation to speak with one of our Phoenix pedestrian and bike accident lawyers.
“Torgenson Law did an awesome job working hard for me, keeping me updated throughout my case, and making sure I got the most out of my settlement. If you have had an accident or injury, I would definitely recommend contacting Torgenson Law!” – Ian S.
Pedestrians suffer many of the types of injuries also experienced by vehicle occupants involved in collisions, but the injuries incurred by people hit by a car while walking tend to be debilitating. Some of the most common injuries suffered in pedestrian accidents include:
Arizona, like all other states, has specific laws in place to grant legal protections and rights to the victims of a personal injury caused by the negligent actions of another. These laws enable the victim or the victim’s family to recover monetary compensation. In the state of Arizona, the legal word for “monetary compensation” is “damages.”
In most Arizona pedestrian accident lawsuits, the plaintiff (victim) could be awarded compensatory damages and punitive damages. Compensatory damages fall into two separate categories – economic and non-economic damages. Economic damages are designed to compensate the accident victim for expenses such as lost wages, medical expenses, ambulance fees, property damages and any other accident-related expenses. Non-economic damages compensate the victim for pain and suffering, emotional distress, loss of consortium and other non-economic damages.
Punitive damages could be awarded to the pedestrian accident victim if the case should go to trial. The purpose of punitive damages is to award the plaintiff additional monetary compensation as to “punish” the defendant for their actions. Punitive damages are also designed to deter the defendant from repeating the same negligent action in the future. Punitive damages are not granted in every personal injury trial.
The precise value of an injury claim and the categories of potential damages will vary based on a wide range of factors, but the types of damages that might be available in a personal injury case in Arizona include:
Typically, pedestrian accidents are caused by driver negligence. The following are the most common reasons why a pedestrian accident has occurred:
Yes. In Arizona, an accident must be reported. Also, the at-fault driver is required by law to stop and wait for police to arrive at the accident scene. It is recommended that 911 is called to notify both the police and emergency medical responders. A police investigation is very important and you should always obtain and review a copy of the police report. This could be very important evidence used in your crosswalk accident case.
Yes. However, it may be in your best interest to call an Arizona injury attorney before placing that call. A quick 5- or 10-minute call could help you protect your legal rights and avoid making statements that could damage your case. You are probably upset, hurt and emotional. This is probably not the most favorable time to speak with the insurance company. You are required to contact your insurance company as soon as possible. But you need to be extra careful in what you say, as the call will be recorded. In general, when you contact your insurance company or the insurance company of the at-fault party, simply state that you have been involved in a pedestrian accident, who was involved, the location of the accident, the time of the accident, and provide your contact information. Then have your attorney handle any further communication on your behalf to protect your legal rights. The last thing you want to do is to volunteer information that damages your future financial recovery.
Not much. The time limit for filing a personal injury claim in the state of Arizona depends on the type of case and if the case will be filed against a government agency or municipality. In most personal injury cases, a claimant has two years from the date of the accident to file a claim against the at-fault party. The statute of limitations are explained in A.R.S. § 12-541 et seq. If the claimant is filing against a municipality or government agency, the time to file may be only six months. Failing to file your claim within the applicable statute of limitations is likely to terminate your right for recovery.
If you or a member of your family has been harmed in a pedestrian accident in Phoenix or anywhere in the state of Arizona, you or your loved one could be entitled to receive monetary damages. Our Phoenix accident lawyers are ready to assist you in your time of need.
If our firm is able to represent you or your loved one, our attorneys will fight on your behalf to hold the at-fault party accountable for their negligence. We will ensure that your best interests are well-represented. Please call (602) 759-0012 today to receive your free consultation with a pedestrian accident attorney.