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Pedestrian Accidents Can Lead to Catastrophic Injuries
Even when an accident victim survives, they may face permanent and life-altering injuries. There are very few pedestrians hit by cars who are fortunate enough to walk away without any injuries.
According to The National Highway Traffic Safety Administration (NHTSA), in 2021, 7,388 pedestrians were killed (this is a 13% increase from the previous year), and more than 60,000 were injured throughout the nation.
Survival could mean a long road to recovery ahead, and you may never return to normal. Instead, you could live a life filled with medical procedures, physical therapy, and the need for care. All of this could come from being in the wrong place at the wrong time for just a moment.
The pedestrian accident victim’s chances of survival decrease the faster the car is traveling. Most people survive car-pedestrian accidents when the vehicle is traveling at a slower speed, usually under 25 miles per hour. When the vehicle is traveling at 42 miles per hour or more, the victim has only a 50% chance of survival. This drops to 10% when the speed is 58 miles per hour or greater.
Even survival means that a victim is dealing with injuries, and some of these can be life-threatening. There will likely be high medical bills and time missed from work. Even family members may need to take time off from work to care for their loved ones.
The Costs of Treating Severe Injuries
The costs of pedestrian accident injuries add up quickly. These injuries are rarely minor. However, even a sprain or broken bones will cost thousands of dollars to treat. If the victim suffers a permanent injury, the costs will be far greater. For example, a spinal cord injury will have lifetime costs that begin at well over $1 million. Traumatic brain injuries have similarly high costs to treat.
Accident victims may need lifelong care. Severely injured victims may never work again. The accident victim and their family may receive money for all of these.
Here are examples of treatment and care that those severely injured in pedestrian accidents might need:
- Home health care may even be around the clock
- Fitting the home to accommodate someone with a spinal cord or traumatic brain injury
- Specially fitted medical equipment
- The cost of years of therapy and rehabilitation
- The lost wages of family members who cannot work because they are caring for the accident victim
You can expect the settlement process with the insurance company to be difficult. After all, they are likely writing a large check for serious injuries, and they will not willingly write it without you needing to fight for what you deserve.
The Most Dangerous Intersections in Phoenix for Pedestrians
Phoenix has many dangerous spots for pedestrians, with certain intersections posing heightened risks. Areas characterized by heavy traffic, complex road designs, or inadequate pedestrian infrastructure can significantly increase the likelihood of accidents.
They include:
- 7th Avenue/I-10 Interchange
- Cactus Road/I-17 Interchange
- 32nd St/SR 202 Interchange
- Bethany Home Road/I-17 Interchange
- Camelback Road/I-17 Interchange
- Dunlap Avenue/I-17 Interchange
Phoenix Invested in Pedestrian Safety, but Fatality Numbers Are Still High
The number of pedestrian fatalities in Phoenix peaked in 2018 when 112 pedestrians died. This prompted the city to invest in improvements such as lighting, as many incidents happen at night.
Since then, the number of deaths has fallen, but many factors that have caused the spike in pedestrian fatalities are still in place:
- More motorists are driving distracted because they are on their smartphones.
- Cars have become bigger as more people have opted for larger SUVs and trucks. This increases the risk of death and serious injury.
- The warmer weather in Arizona means that people are out walking at more times of the year.
- An emphasis on walkability has brought more pedestrians out onto the streets and sidewalks.
- More drivers are under the influence of things like prescription medication and cannabis.
- The wide urban roads in Phoenix have higher speeds, which increases the chances that someone may suffer fatal injuries.
Much of the attention paid to pedestrian accidents focuses on fatality numbers. These accidents have the highest fatality rate of any type of traffic accident because the pedestrian has nothing to protect them from the force of the car or the impact with the pavement. In a way, they are completely unprotected.
Frequently Asked Questions About Pedestrian Accidents in Phoenix
Navigating the aftermath of a pedestrian accident in Phoenix can raise numerous questions for those involved. Our experienced personal injury attorneys answer the most frequently asked questions by injured victims.
Do Pedestrians Have the Right of Way in Arizona?
Arizona drivers are required to yield to pedestrians in crosswalks, and pedestrians have the right of way when crossing the street in such designated areas. However, pedestrians are also expected to exercise caution.
What Classifies as a Hit and Run in Arizona?
In Arizona, a hit and run accident occurs when a person involved in a motor vehicle accident leaves the scene without stopping to exchange information or provide assistance as required by law.
If you’re involved in a car accident in Arizona, you are legally obligated to stop your vehicle at the scene of the accident and provide your name, address, and vehicle registration information to the other party involved. If there are injuries, you must also provide reasonable assistance.
Should I See a Doctor if I Think I’m Okay?
Yes. Few pedestrians are unharmed after an accident. A 3,000-pound vehicle is bound to cause an injury to the person it hits. Even if you feel okay, get a professional medical opinion to confirm that. Some injuries do not show symptoms right after an accident. For example, symptoms of traumatic brain injuries or ligament damage can take days or weeks to manifest.
If nothing else, you can get peace of mind from getting a clean bill of health. If you are injured, prompt medical treatment is crucial to help you recover. Getting a doctor’s diagnosis and evaluation will form the basis of your insurance claim.
Why Are There More Pedestrian Accident Fatalities These Days?
After reaching a low in the early part of this century, pedestrian accident fatalities have been on a steady uptick over the past ten years, and the trend shows no sign of slowing down. Many factors contribute to the decrease in pedestrian safety.
The first is the increasing use of smartphones, which distract drivers behind the wheel. They often miss crosswalks because they are checking their phone or sending a text. Second, the size of vehicles on the road has increased.
The average vehicle weighs almost 3,000 pounds. As more people shift away from sedans to SUVs, these cars are only getting bigger. The larger the car, the more significant injury the pedestrian will suffer.
Furthermore, there are more pedestrians on the streets than ever. Between warmer weather and more people moving to downtown areas, people are walking and getting around without cars. An increase in pedestrians means a higher fatality number.
Do I Still Have a Case if I Was Not on the Crosswalk?
Often, yes. While pedestrians should cross the street at designated crosswalks or intersections equipped with pedestrian signals, drivers must also exercise reasonable care. If they hit a pedestrian outside a crosswalk while speeding, the driver can still be to blame for the accident. This is also true if the driver did not see the victim because they were texting on the phone.
Even if you were not on the crosswalk, you might still recover something unless the driver did absolutely nothing wrong in the situation. Always contact a lawyer after a pedestrian accident because you may not be as much to blame as you think.
How Do I Receive Payment for My Medical Bills After a Car Accident?
Initially, your health insurance (if you have it) will cover the bills after a car accident. In the meantime, you may have co-pays and deductibles for your medical care that you must pay, regardless of whether you will be getting a settlement check. Such a situation can present financial difficulties before your case comes to a resolution.
Your Phoenix car accident lawyer can help you work with the hospital or doctor to potentially buy you some time before you have to pay these bills, easing the burden on you. Eventually, your health insurance will need to be paid back for what they have already paid for your care. This repayment will come out of your settlement check, and the health insurance gets priority.
You need to consider this when negotiating with the insurance company. You can be paid back for all the cost-share that you previously had to bear. In addition, your settlement will also cover your future medical bills.
How Can I Prove That a Distracted Driver Hit Me?
It is very difficult to know what caused the pedestrian accident. The chances are that you did not see what the at-fault driver was doing. However, there is a high probability that they were doing something wrong before the incident. Your best hope is that there were witnesses who can testify about the motorist’s actions.
This is when your attorney’s knowledge comes into play. If there is suspicion of distracted driving, they can obtain cell phone records from the motorist’s phone company. They can access these records through a subpoena. These records could show that the driver was on their phone at the time of the accident.
Do I Need a Lawyer if the Driver Obviously Caused the Accident?
Yes.
There are two different parts of the compensation process after a pedestrian accident, and proving liability is only part of it. Some issues remain after determining liability. First, even if what happened is obvious to you, it may be less clear to the insurance company. Second, getting the right amount of money for you requires the assistance of an experienced attorney.
You may have damages that reach into the seven-figure digits, but the insurance company can be offering a fraction of that. The worst part is that, without a knowledgeable lawyer, you might have no idea that the insurance company is trying to take advantage of you.
Negotiating compensation takes time, and it can require many rounds of offers and counteroffers. You can always benefit from professional legal advice, especially when you have suffered serious injuries. If you do not negotiate enough compensation, you can run out of money in the future when you have high medical bills and cannot work.
What Happens if the Driver Who Hit Me Does Not Have Enough Insurance?
A pedestrian accident is considered a motor vehicle accident for purposes of an insurance claim. Even if the driver has minimal or no insurance coverage, you are not out of luck. If you have auto insurance, this accident is covered by your own policy, assuming that you have underinsured motorist coverage. Then, you have coverage up to the policy limits of two insurance policies.
However, there is still an insurance company involved in the claim. Do not assume that, because you are a customer, your own insurance company will gladly pay the full value of your claim. You will still need to negotiate with them to get what you deserve. Having two types of coverage increases the chances that you can recover enough money to pay for your injuries.
Can I Sue Anyone Else Besides the Driver in a Pedestrian Accident?
In most cases, the driver will be the primary and only defendant in the case. However, if the driver was on the job when they hit you, their employer might be vicariously liable for the accident and your injuries.
In addition, some pedestrian accidents are alcohol-related. If the driver was drunk, and a restaurant or bar served them when they were obviously intoxicated, you can sue the owner of the establishment under Arizona’s dram shop laws.
The City of Phoenix may also be liable, depending on the maintenance the crosswalk did or did not receive. If the area has poor lighting or if the crosswalk lights are not properly working, you may sue the government for damages.
What Happens When I Meet With My Lawyer for the First Time?
When you meet with your pedestrian accident lawyer for the first time, the primary focus is on establishing a clear understanding of the details surrounding your case. This initial consultation is an opportunity for you to share your account of the accident, providing essential information as well as any available evidence or witnesses.
Your lawyer will likely inquire about the extent of your injuries, medical treatments received, and the impact on your daily life. This meeting is also a chance for you to ask questions about the legal process, potential outcomes, and the lawyer’s experience in handling similar cases.
Your attorney will outline the next steps, discuss the applicable laws, and provide an overview of the potential strategies for pursuing compensation. Establishing open communication and trust during this first meeting sets the foundation for a collaborative and effective legal partnership.
What Are Some Factors Considered When Determining Fault in a Pedestrian Accident?
The insurance company or the jury will consider all of the accident details in deciding who was at fault. They may hear from the driver, the injured pedestrian, and anyone else who saw the accident to reach the decision.
To determine liability in a pedestrian accident, an insurance company or jury may consider:
- Did the driver have enough time to avoid the accident or take evasive action?
- Where did the pedestrian try to cross the street?
- Was the driver familiar with the roadway around them?
- Was the driver traveling at or below the posted speed limit?
- Was the driver doing anything else besides driving at the time of the accident?
- What were the road or weather conditions at the time of the incident?
What Happens if an Insurance Company Denies My Claim?
It is rare for an insurance company to deny a pedestrian accident personal injury claim in its entirety. Doing so would mean that the pedestrian was 100% to blame for the incident. While this is possible, the driver usually bears some fault.
However, the law determines your legal rights, and the insurance company is not a court. They are merely an intermediary that insures the defendant. They don’t have the final word about whether you can obtain financial compensation.
If the insurance company denies your claim, you can file a lawsuit. Claim adjusters do not like lawsuits because they have significant legal risks. The chances are that they will at least offer you something, but do not be discouraged if they do not.
What Should I Do Before Filing a Claim?
The first thing is to see a doctor and receive a comprehensive medical diagnosis of your injuries. The insurance company will need to see the nature of your injuries before they will make a settlement offer. Then, contact an attorney to help prepare your claim.
What Happens if I Need To File a Lawsuit?
The legal process can take time to resolve until you receive your check. Your court case will begin when your lawyer drafts a complaint stating the facts and your legal grounds for relief. They will file it with the court and serve it on the defendant.
It can take some time for the case to unfold. Courts have packed dockets, and it may take a year or more before a court hears your case. Before that, you will need to go through the discovery process.
One of the major parts of discovery is a deposition when the defendant’s lawyer asks you questions for up to seven hours with your attorneys present. Your lawyer will also have the right to gather evidence and conduct depositions of people involved in your case.
If your case goes to trial, your lawyer will call witnesses. The jury will hear the evidence and will decide your case. If they find that the defendant is liable, they will order damages. Juries often will award more money than you can receive from an insurance settlement, but it means that your case takes extra time, and you have the risk of getting nothing if you lose the case.
Contact a Phoenix Pedestrian Accident Attorney Today
The time to contact an attorney is right after the accident. Even if you do not file a claim or lawsuit right away, you will need to prepare for when you do file. You do not want to waste time that your lawyer could spend gathering evidence and starting the claims process.
It does not cost anything out of pocket to get Zanes Law working on your case. Instead, we only receive payment if you win your case. You have nothing to lose by contacting our team to learn more about our Phoenix pedestrian accident lawyers and how we can help.
We know that accidents don’t happen only during business hours. You can call us any time, day or night if you need our help. Contact us today, and we’ll start with your free claim evaluation.