Phoenix has always been an automobile town. There are millions of cars on the road in the metro area, traveling on wide sweeping streets. Occasionally, pedestrians need to cross these roads, and the heavy traffic does not make it easy.
If you or your child suffered harm in a pedestrian accident, you need the right legal assistance. Do not wait to consult with our Phoenix pedestrian accident attorneys at Zanes Law Injury Lawyers about how to protect your rights.
The Most Dangerous Intersections In Phoenix For Pedestrians
Phoenix has many dangerous spots for pedestrians.
- 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
Pedestrian fatalities across the country have increased dramatically over the last decade, and the Phoenix area is no exception. The car-friendly nature of Phoenix seems to come at the direct expense of pedestrian safety. The city has spent money on trying to improve crosswalk safety, which has made a slight improvement in fatality numbers. However, the number of pedestrians killed in Phoenix is still unacceptably high.
For a free legal consultation with a pedestrian accidents lawyer serving Phoenix, call 866-499-8989
Phoenix Invested In Pedestrian Safety But Fatality Numbers Are Still High
The number of pedestrian fatalities in Phoenix peaked in 2018. In that year, 112 pedestrians died on city streets. This prompted the city to make investments to improve things like lighting, as many pedestrian accidents happen at night. 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.
Phoenix Pedestrian Accident Lawyer Near Me 866-499-8989
Pedestrian Accident Survivors Often Have Serious 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. Chances are that they will suffer serious injuries. In one recent year, 75,000 people nationally sustained injuries in pedestrian crashes.
Survival could mean a long medical road ahead of the accident victim, and they may never return to normal. Instead, they could live a life filled with medical procedures, rehabilitation, 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 accident victim’s chances of survival decrease the faster the car is traveling. Most people survive car-pedestrian crashes when the car is traveling at a slower speed, usually under 25 miles per hour. When the vehicle is traveling at 30 miles per hour or more, the victim has only a 45 percent chance of survival. This drops to five percent when the speed is 40 miles per hour or greater.
Even survival means that a victim is dealing with injuries, and some of them 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.
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You Must Prove That The Driver Was Responsible For The Crash
A successful pedestrian accident case begins with proving that the driver was responsible for the crash. Just because a car hits someone does not mean that the driver is automatically to blame for the accident. The requirement is that an injured victim prove that the driver was negligent in causing the injuries. This is a legal term of art.
Proving negligence requires that the claimant or plaintiff has evidence of what happened to cause the crash. The victim has the burden of proof to show that their side of the story is more likely than not to have happened. Of course, an injured victim or their family would be hard-pressed to prove their case on their own, not knowing how the legal process works and dealing with severe physical injuries.
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Evidence That Helps Prove Negligence In A Pedestrian Accident Case
Here is some of the evidence that your lawyer could use to help prove your pedestrian accident case:
- Pictures of the scene of the accident
- Pictures of the damage to the car that struck you or a loved one
- Surveillance video of the crosswalk (if available)
- Testimony of an expert witness who could recreate the accident
- Witness testimony from people who saw the accident
- The police report of the accident (usable in the insurance claims process but not admissible as evidence in a court case to prove what happened)
What Is Negligence In A Pedestrian Accident Case?
Many instances of negligence can lead to compensation after a pedestrian accident.
- Failure to yield the right of way at a crosswalk
- Making a turn while the pedestrian has the light to cross the street
- Hitting a pedestrian anywhere on the roadway while speeding
- Not seeing a pedestrian because the driver was on their mobile device
If the police come to the scene and issue the driver a ticket, this could go a long way to proving your case. The observations in the police report could be helpful, even if they are not admissible as evidence in your case.
Dealing With Insurance Companies In Your Case
When you or a loved one sustained injuries in a pedestrian crash you may be left to deal with the driver’s auto insurance company. Even if you were the victim of a hit-and-run (nearly 20 percent of accidents involve cases where the driver does not stop), you would still be dealing with your own insurance company if you need to file an uninsured motorist claim. Just because an insurance company is “your own” does not mean that they will gladly pay out the full value of your claim. Their foremost loyalty is to their own profits.
Your Legal Options After A Pedestrian Accident
The rule of thumb with an insurance company is that they will do everything that they can to avoid paying you what you legally deserve.
After you were in a pedestrian accident, you have two choices:
- You can work with an insurance company to settle your case
- You can file a lawsuit against the driver
The two are not mutually exclusive. You can explore a possible settlement with the insurance company before deciding to file a lawsuit against the responsible driver. Many families will first look to the insurance company because it is a means of getting money faster without having to take the risk of a jury trial. Jury verdicts often mean more money, but they could take years to get, and there is always a risk that the jury could find the driver not liable for the injuries.
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