Scottsdale Pedestrian Accident Attorneys
If you or your loved one have been injured or killed in a pedestrian accident, you need a knowledgeable pedestrian accident attorney to help you get compensation for the pain and suffering you are experiencing. The pedestrian accident attorneys at The Bourassa Law Group can make sure you or your loved one get justice.
Pedestrians are particularly vulnerable to being involved in accidents and sustaining catastrophic injuries or being killed as a result. Cars can weigh over 3,000 pounds, and tractor-trailer trucks can weigh up to 80,000 pounds, so when a pedestrian is hit by one of these vehicles then injuries are inevitable and death is a strong possibility.
The experienced Scottsdale pedestrian accident lawyers at The Bourassa Law Group will help you get the compensation you deserve if you or a loved one has been injured or killed in a pedestrian accident. Call us today at (480) 867-7177.
Common Causes of Pedestrian Accidents
- Unmarked crosswalks – High-traffic areas usually have pedestrian traffic signals and clearly marked crossings, but there are few to none in rural areas.
- Distracted driving – Any activity that takes the attention of a driver away from the road can cause a pedestrian accident. Texting or talking on the phone, use of GPS, or eating while driving are some activities that can distract drivers.
- Distracted walking – Pedestrians must remain aware of their surroundings in order to avoid an accident. Pedestrians using cell phones can be distracted from traffic around them and pedestrians using headphones may not hear warning sounds from drivers. Pedestrians shouldn’t assume that a driver will see them, as they are less visible and the driver may be distracted.
- Low visibility at night – Pedestrians are less visible to drivers even during the day. At night, however, pedestrians can be almost impossible to see, especially in rural areas. Pedestrians should wear reflective clothing or carry a flashlight when they’re walking at night near roadways.
- Impaired driving – This is one of the most dangerous forms of distracted driving, as a drunk or otherwise impaired driver is less aware of their surroundings, has slower reaction time, and is less able to judge distances.
- Hit-and-run – Leaving the scene of an accident that results in injury or death is a felony in Arizona. The driver is expected to stay at the scene of the accident, to offer reasonable assistance to any victims, and to give their account of the accident to law enforcement.
Pedestrian Accident Statistics
- 6% of the traffic fatalities in Arizona in 2017 were pedestrians. In 2018, the state had the highest rate of pedestrian deaths in the country, according to the Governor’s Highway Safety Association. According to NPR, pedestrian deaths across the country are at a 30-year high.
- A pedestrian struck at 20 miles per hour has a 95% chance of survival, but if they are hit by a driver going 40 miles per hour, they have only a 16% chance of survival.
What are the Pedestrian Laws in Arizona?
There are some complexities in Arizona law regarding pedestrians walking near traffic.
- Crosswalk Right-of-Way: Pedestrians on or close to approaching a crosswalk in front of a vehicle have the right-of-way. Another vehicle may not pass a vehicle stopped to allow a pedestrian to cross (ARS 28-792). A pedestrian may not step out in front of a vehicle so quickly that the vehicle doesn’t have time to come to a full stop.
- Sidewalk Right-of-Way: If a sidewalk or pedestrian walkway or bridge is present, a pedestrian may not walk in the roadway or even on the shoulder of the road. If there is an overhead walkway that allows a pedestrian to cross without entering the roadway, they must use it.
Only if there is no sidewalk or another walkway available can a pedestrian walk in the road, and they must walk against traffic, unlike bicycles and other vehicles, in order to increase their visibility (ARS 28-796). Drivers may never drive on sidewalks (except for certain emergency vehicles and personal mobility devices such as motorized wheelchairs).
- Jaywalking: Pedestrians may only cross a roadway at intersections and at designated crosswalks. It is never legal to walk across in the middle of the street. Runners are considered pedestrians and are subject to the same rules.
- Due Care: Drivers must exercise due care to avoid colliding with pedestrians (ARS 28-794), including using turn signals, being careful when driving near children or a confused or incapacitated person, and only using the horn when necessary to avoid a collision.
- School Buses: Drivers may not pass a school bus with its stop sign out and/or lights flashing to indicate that children are crossing the road.
- School Zones: The speed limit is 15 mph between portable posted school zone signs. Drivers may not enter a school crosswalk when there is a pedestrian in any part of the crosswalk. Drivers may not pass other vehicles in a school zone, and may not park on either side of a school crosswalk or on the crosswalk.
- Yield when turning: Drivers must yield to pedestrians when making turns.
- Pedestrian Hybrid Beacon: These crosswalk signals flash yellow to tell drivers to prepare to stop. A solid yellow light comes on, then two overhead signals glow solid red. After a few moments, the overhead signals begin to alternate flashing red. Drivers must stop and remain stopped to allow a pedestrian to cross the street if the lights are red.
- Pedestrian signals show either a green symbol of a pedestrian or a red hand, which means not to cross. If there is a timer counting down and a red hand visible, the pedestrian may finish crossing if in the roadway but may not begin to cross. Pedestrians may not loiter in the crosswalk.
Injuries in Pedestrian Accidents
- Head and brain injuries – Less serious symptoms may include fatigue, lack of concentration, confusion or disorientation, and trouble making decisions. Severe symptoms made include brain bleeds, brain swelling, coma, or death.
- Internal injuries – Rib fractures, internal bleeding, and damage to internal organs may not be visible but can cause long-term damage.
- Pelvic injuries – Often the shape of the car hood can cause damage to the pelvis upon impact with a pedestrian.
- Spinal cord injuries – Often sustained upon impact with the car or in a fall to the ground, damage to the spinal cord can result in partial or total paralysis.
- Neck injuries – These can include damaged joints or discs or may result in damage to spinal nerves. There may be localized pain and stiffness, or numbness and/or partial paralysis if the damage is more severe.
- Bone fractures and breaks – Most common are arm fractures, but collarbone, hand, leg, ankle, foot, and toe fractures are also possible in a pedestrian accident. The nose or jaw could be broken by impact with a car or the ground. Symptoms include swelling or bruising around the injury site, pain when trying to move the affected body part, or even a bone fragment protruding from the skin.
- Nerve damage – This may not be immediately apparent, so seek medical help immediately following the accident. Symptoms may include a tingling sensation in arms or legs, limbs falling asleep when compressed, unusual sensitivity and pain, lightheadedness, difficulty speaking, problems controlling bladder or bowels, or paralysis.
- Lacerations – Deep cuts in the skin.
- Waddell’s Triad – A pattern of injury found in pedestrian children, composed of leg fracture, internal organ injury, and head injury.
What Sort of Compensation Can I Receive in a Pedestrian Accident Claim?
While compensation can vary widely depending on the circumstances of the accident and liability, there are certain things that compensation may cover.
- Medical expenses
- Loss of wages
- Pain and suffering
- Loss of consortium
In the tragic event of a death, other forms of compensation may be available.
- Burial expenses
- Loss of household provider
What to Do if You’ve Been in a Pedestrian Accident
- The first and most important thing you should do in an accident is to make sure you and other victims are safe. If you are in the middle of a busy roadway, move to a safe location, then call 9-1-1.
- Seek medical treatment. Allow the paramedics to examine you, or see a medical professional immediately. You may have injuries that are not visible or apparent, which can cause lasting damage if not treated. A concussion, neck injuries, or internal bleeding or organ damage may not manifest symptoms until well after the accident. Refusing or avoiding medical treatment may also be considered by the insurance company as proof that you weren’t injured, which may make it harder for you to get the compensation.
- Get all relevant information from anyone involved in the accident. This includes the other person’s driver’s license number, insurance information, and the make, model, and license plate number of the vehicle or vehicles involved in the crash.
- Take pictures of the scene if possible, or have someone take pictures for you. Speak with eyewitnesses.
How The Bourassa Law Group Can Help You
If you or a loved one has been injured or killed in a pedestrian accident, you need expert legal representation from the pedestrian accident attorneys at The Bourassa Law Group. We can answer any questions you may have, and we will fight hard to get you the compensation you deserve.
You need attorneys who know personal injury and pedestrian accident law in Arizona, and The Bourassa Law Group will be by your side while you focus on your health and recovery. Don’t try to do this all on your own. Call The Bourassa Law Group at (480) 867-7177, or reach out to us at our website today for a free consultation.
Frequently asked questions
The legal definition of a personal injury is when someone’s failure to use reasonable care in a particular situation results in another person’s physical, emotional, or psychological injury. Personal injury cases often rely on the elements of negligence to prove the responsible party’s actions were the cause of the other party’s injuries.
The length of a personal injury case depends on the type of case and various factors, such as the severity of the injury sustained and the duration of necessary treatment. A car accident case might take six months to resolve, while a wrongful death lawsuit could take two years. It all depends on the circumstances surrounding the case.
No. Whether you got hurt in a car accident or on someone else’s property, you should never speak with their liability insurance company about the claim. They try to save money whenever possible and could attempt to trick you into accepting a low settlement amount or intimidate you into dropping the case. Your Denver personal injury lawyer will handle all communication on your behalf.
It depends. A vast majority of personal injury cases settle out of court. When we file a claim with the insurance company, we’ll submit evidence that proves you deserve compensation for your injuries. Sometimes the insurer is willing to settle. Other times, they deny the claim or provide a settlement much lower than you deserve. Under those circumstances, we will file a lawsuit and take the case to court.
Mediation is a step during a lawsuit where both sides meet to try to reach an agreement. The mediator listens to the arguments on both the plaintiff’s and the defendant’s sides and attempts to resolve the issue. If they can reach an agreement, they will settle out of court, and the case will get dismissed. If they can’t resolve the matter, the case will proceed to trial.