How Is Fault Determined in a Pedestrian Accident Case Involving a Drunk Driver?

It may seem like an obvious answer that the drunk driver is at fault because they were under the influence, but a pedestrian could also bear some fault. A pedestrian accident lawyer from our law firm can give you a free consultation to determine the value of your case.

Our pedestrian accident lawyer in Phoenix at Zanes Law has over 20 years of experience helping injured people recover their losses. Read on to learn more about how fault is determined in a pedestrian accident case involving a drunk driver.

How Could the Pedestrian Be at Fault?

Even when the driver is drunk, a pedestrian still has a responsibility to act reasonably safely. Some examples of when the pedestrian could share some fault include:

• The pedestrian was also intoxicated: If toxicology shows the pedestrian’s judgment was significantly impaired by alcohol or drugs as well, it weakens their case against the drunk driver.
• Sudden actions in front of the vehicle: Jumping out or dashing between parked cars without looking could be considered contributory if the driver had less ability to react due to intoxication.
• Walking in a hard-to-see area at night: Wearing all dark clothing without reflectors on an unlit road makes the impaired driver less able to take evasive actions.
• Intentionally walking in traffic: Purposefully hindering vehicle travel raises questions about provocation even if the driver was intoxicated.

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When Would the Driver Be at Fault for the Pedestrian Accident?

In addition to being under the influence of alcohol while driving, there are several other reasons they could be at fault. The drunk driver could be at fault for the following reasons:

• If the driver was intoxicated above the legal blood alcohol limit. Drunk driving makes the driver automatically negligent.
• If the driver was speeding or driving recklessly at the time of the accident. Exceeding the speed limit or operating the vehicle irresponsibly shifts fault to the driver. A Phoenix reckless driving lawyer can help you recover damages.
• If the pedestrian had the right-of-way, such as being in a designated crosswalk with the walk signal. Drivers must yield to pedestrians in crosswalks.
• If the driver was distracted by activities like cell phone use or eating instead of watching the road ahead. Negligence lies with the distracted driver.
• If the vehicle had faulty equipment like broken headlights or brakes that impaired the driver’s ability to see the pedestrian or stop in time.
• If witness statements or evidence like skid marks show that the driver did not attempt to slow down or avoid the collision, although they could have.
• If prior complaints or accidents establish a pattern of unsafe or negligent driving behavior by the driver that likely contributed to the pedestrian accident.
• If the environment or conditions like darkness limited visibility, requiring the driver to exercise extra caution, which they did not.

What If Both Parties Are at Fault in Arizona?

Arizona follows the doctrine of comparative negligence when determining liability for auto accidents and pedestrian crashes. This means that if the investigation finds that both the driver and the pedestrian were partially responsible for the collision due to their negligent or reckless actions, fault can be apportioned between them.

For example, if a driver was intoxicated but a pedestrian also crossed mid-block against the signal, a judge or jury could allocate 80% of the fault to the impaired driver but still hold the pedestrian 20% responsible for their injuries.

Under Arizona’s comparative negligence law, A.R.S. § 12-2505, the amount of fault each party has in the accident will reduce their compensation by that amount. Also, even if the injured party is 99% at fault, they can recover the remaining 1% of damages.

An experienced Phoenix personal injury attorney can analyze all case details, including toxicology reports, road conditions, and witness accounts, to determine if liability should be apportioned between both parties or if one was predominantly negligent. This ensures any settlement or awarded damages are assigned fairly based on Arizona’s negligence statutes.

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How Can a Pedestrian Accident Lawyer Help Prove Fault?

Determining the party at fault can be difficult without legal help. Our pedestrian accident attorneys in Phoenix from Zanes Law can help you prove fault by:

Gathering a Comprehensive Case File

Our team conducts a thorough investigation of the accident by collecting and carefully reviewing all relevant documentation. This includes photographs depicting details of the crash scene and injuries, police reports containing witness statements and other evidence gathered at the time of the incident, and complete medical records detailing the nature and extent of the injured person’s treatment. 

Organizing and analyzing these documents allows our lawyer to gain a full understanding of what factors may have contributed to the accident. Key evidence like skid marks, damage to vehicles, and placement of debris can provide important clues regarding vehicle speeds and movements. With a comprehensive case file assembled, we have the information needed to determine liability effectively.

Accident Reconstruction Analysis

By retaining an accident reconstruction expert, our pedestrian accident lawyer obtains an objective analysis of the crash from a specialist. The expert will inspect the scene, review all case materials, and use their technical expertise to analyze factors like speeds, distances, and driving behaviors to simulate the sequence of events. Through the scientific reconstruction of the collision, this impartial third-party evaluation is essential to ascertaining who was negligent based on their actions leading up to impact.

Requesting Video Evidence

Traffic cameras and security footage from nearby businesses may have inadvertently recorded valuable evidence. Our attorney works diligently to locate any such video sources and obtain copies through formal requests. Visual documentation of the accident timeline can potentially demonstrate important elements, such as which party disregarded traffic signals or had plenty of time to avoid colliding with the other vehicle but failed to do so due to reckless conduct.

Conducting Witness Interviews

Eyewitnesses provide a first-hand perspective of the crash details and often corroborate or contradict other evidence. Our lawyers conduct formal interviews to obtain signed witness statements detailing precisely what each person saw or heard. Inconsistencies that help determine fault may emerge, and contacting witnesses also prevents the other side from pressuring them prior to being questioned.

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Learn More About Fault in a Pedestrian Accident Involving a Drunk Driver

Our personal injury attorneys in Phoenix at Zanes Law can help you if you’ve been injured in a pedestrian accident involving a drunk driver. We believe everyone deserves justice and compensation for their pain.

Contact us to learn which party in your pedestrian accident involving a drunk driver is at fault.

Call or text 866-499-8989 or complete a
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