Texting while driving is a common vice for motorists. Statistics indicate nearly half of all drivers admit to texting while driving, which can create an incredible distraction from the road.
When drivers take their eyes and their attention off the road, even for a brief time, anything can happen. It’s one of the reasons pedestrians have to be so alert while crossing the road, and even while just walking on the sidewalk. Collisions between pedestrians and drivers distracted by texting, even at low speeds, can have catastrophic consequences.
Pedestrians, unlike motorists, have no protection. They’re completely exposed, so even collisions that may at first appear to be minor might actually not be. In a texting driver pedestrian accident, injuries can range from scrapes and bruises to nerve damage, spinal cord injury, traumatic brain injury and broken bones. And it isn’t uncommon for injuries to surface in the days that follow an accident between a distracted motorist and a pedestrian.
Fault, the severity of injuries, and the circumstances surrounding the accident all factor into a potential claim for compensation. That’s why it’s important, if you’re a pedestrian who has been hit by a driver who was texting, to seek professional guidance. The team at Torgenson Law has handled a number of similar cases involving pedestrians and drivers distracted by texting, and we know the steps that should be followed to achieve the best results.
Any compensation case for a pedestrian who was hit by a driver who was texting begins at the scene of the accident. If we’re being honest, it begins in the moments before the collision, but since it’s hard to predict the future, the moments that follow an accident are critical.
We advise individuals who are involved in this type of accident to call 911, even if they don’t think they have suffered anything other than minor injuries. Adrenaline from the accident can mask pain, making it difficult to truly measure the severity of the collision. Medical professionals are best equipped to determine that and they should be contacted immediately.
Before leaving the scene, the pedestrian who has been hit or someone who cares for them should make sure they have the name of the driver, as well as the driver’s insurance information and license plate. It’s also important to speak to witnesses and gather any photos of the scene. Those photos at the scene should not just include the vehicle, but also the signals, the crosswalk, and any other signage or important markers that offer context to the accident.
Arizona follows comparative negligence laws in cases like these, which means fault can be portioned out to multiple parties. It also means that even if a pedestrian was partially at fault for the accident, perhaps by crossing against a signal or crossing outside of a crosswalk, that pedestrian could receive compensation. Beyond collecting evidence from the scene of the accident, an Arizona pedestrian accident lawyer would also look into cellphone records of the driver.
Those records can help determine the driver’s behavior at the time of the accident, help determine fault and illuminate potential negligence, which influences compensation. In addition, an experienced personal injury attorney will make sure that medical expenses, emotional distress and lost wages are included in any settlement.
In accidents where pedestrians are hit by distracted drivers, representation matters as insurance companies have been known to rush a settlement offer before all of the medical variables are known, dismiss fault against a driver or classify injuries from the accident as “pre-existing.” A pedestrian injury attorney, like the team at Torgenson Law, make sure that claims are taken seriously and that every angle is investigated thoroughly.
No one should navigate a case like this alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you or a loved one have been injured as a pedestrian by a driver distracted by texting, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
