Pedestrian Accidents Attorney in Phoenix, Arizona

Picture this: You're walking on the sidewalk, on your way to work or an errand, when suddenly a car hits you. In that split second, your life is forever changed. Pedestrian accidents are tragic, and unfortunately, they're all too common. According to the CDC, in 2020, one in six people who died in a crash were pedestrians.  

If you're the victim of a pedestrian accident, you need an experienced lawyer who can help you navigate the legal process and advocate for the compensation you deserve. That's where Faussette & Faussette comes in. We proudly serve clients throughout the greater Phoenix area and beyond, including Phoenix, Glendale, Peoria, Scottsdale, Gilbert, Tempe, Mesa, Chandler, and Goodyear. 

Our personal injury attorneys understand that our clients are enduring life-altering physical and emotional pain. We’re here to take the lead on your case so you can focus on what matters most: recovery. We’re also here to tell you everything you need to know about pedestrian accidents—and what you should do if you've been a victim. Reach out to our firm today to schedule a free consultation and discuss your case. 

Determining Liability/Fault in a Pedestrian Accident

If you or someone you know has been involved in a pedestrian accident, it's important to determine who's responsible.  

Arizona’s Pedestrian Right of Way Law  

The Pedestrian Right of Way Law gives the right of way to pedestrians in marked crosswalks and unmarked crosswalks at intersections. Pedestrians have the right of way even if there is no traffic light or stop sign at the intersection. Note that some states may not have this law in effect, so it's important to check your state's laws on pedestrian rights. 

Pedestrian Responsibilities   

Pedestrians, too, have responsibilities when walking on the road. They must walk on the sidewalk when available; if there's no sidewalk, pedestrians should walk on the left side of the road, facing traffic. Pedestrians should always use crosswalks when available and check for traffic before crossing. Also, it's illegal for pedestrians to cross the street when a "Don't Walk" or "Wait" signal is flashing. 

Driver Responsibilities  

Drivers have the responsibility to avoid hitting pedestrians at all costs. When approaching a crosswalk, it’s the law to slow down and look for pedestrians crossing. If a pedestrian is already crossing, drivers need to stop and let them cross completely. And they should be particularly cautious when driving in school zones, residential areas, and parking lots. 

Other Hazardous Circumstances

Sometimes, pedestrian accidents occur even when both parties are following the law. For example, a pedestrian might cross the street when a driver runs a red light or a driver might hit a pedestrian who was jaywalking. In these cases, liability may be more difficult to determine. That's why it's important to get in touch with a personal injury attorney who understands how your local and state laws apply to your pedestrian accident case. 

Fault Determination

In legal terms, "fault" refers to who's responsible for causing the accident. Pedestrian accidents are no different than other types of accidents in determining fault.  

The person who fails to obey traffic laws, exercise reasonable care or caution, or drive safely and responsibly when driving a car or walking on the road can be held responsible for the accident. A driver who doesn't pay attention to a pedestrian's safety and strikes them can be deemed at fault. 

Arizona Is a Fault State

Arizona follows the "fault" insurance system when it comes to determining fault in an accident. The driver who's proven to be at fault is responsible for the victim's damages. In Arizona, every driver must carry liability insurance that pays compensation for damages caused to others in an accident. If the driver doesn't have insurance, the victim can sue them personally for damages. 

Comparative Fault

Comparative fault is a legal term used when both parties are involved in causing the accident. If the pedestrian shares fault in the accident, the amount of compensation will be reduced by the percentage of their fault.  

For example, if the pedestrian hit by a car is deemed to be 25% responsible for the accident, they will only be able to receive 75% of the total damages they’re pursuing. 

Statute of Limitations

Arizona has a strict statute of limitations for filing personal injury claims, which include pedestrian accident lawsuits against the at-fault party. Victims have two years from the date of the accident to file a lawsuit, or they may lose their right to compensation forever.  

If the accident involves government-owned or operated vehicles or facilities, the timeline is reduced to six months to file an administrative claim. 

Damages Available

Victims of pedestrian accidents may experience severe injuries that require significant medical expenses and rehabilitation. You may recover compensation for their medical bills, lost wages, property damage, and pain and suffering. If the accident led to the victim's death, their family may file a wrongful death lawsuit to recover compensation for funeral expenses and the loss of income. 

What Should I Do Next?

If you're the victim of a pedestrian accident, the first step is to prioritize your health. Seek medical attention immediately and follow your doctor's orders. This will not only aid in your recovery but also provide the necessary documentation for any future legal action. 

After you've taken care of your health, it's crucial to gather evidence. Take photographs of the scene, damage to the car (if possible), and any injuries sustained. Get the driver's contact, license, and insurance information, as well as the contact information of any witnesses. These details will be useful for your the investigation and—if necessary— litigation phases of the legal process. 

Next, consult an attorney. The laws surrounding pedestrian accidents are complex and require experienced legal representation. A trusted pedestrian accident attorney, like our lawyers at Faussette & Faussette, can aid in recovering damages for medical bills, loss of income, and pain and suffering. 

If you're representing a loved one who was incapacitated or lost their life, it's essential for you to seek legal counsel as well. This is an emotionally taxing time, and an attorney can take on the legal burden while you focus on grieving and healing.