Pedestrian Accident Attorneys Serving Phoenix & All of Arizona with Distinction
Arizona ranked as the second deadliest state for pedestrians in 2022. While the national rate of pedestrian fatalities has skyrocketed in the last few years, Arizona has unfortunately been a major contributor to that meteoric rise. There were 260 tragic deaths recorded in 2021 and an astounding 307 in 2022, per the Governors Highway Safety Association (GHSA).
The lives of each and every one of our Arizona residents are precious, and our pedestrians are among the most vulnerable when met with the hulking metal of a moving vehicle. Through education and infrastructure improvements, we can help to curb these devastating losses. In the meantime, having the guidance of an esteemed pedestrian accident lawyer is indispensable.
In Phoenix, Burg Simpson champions the rights of pedestrian accident victims and their families. With local know-how and nationwide resources, we are committed to leading our clients through the legal process with compassion and understanding. For more than four decades, we have tirelessly advocated for those harmed by negligence as Good Lawyers. Changing Lives.®.
We understand the profound emotional, physical, and financial toll an accident can take on victims and their families. At Burg Simpson, we are committed to helping pursue just compensation for our clients, hopefully easing the overwhelming weight of their losses.
The Growing Concern of Pedestrian Accidents in Phoenix
Phoenix is renowned for its year-round sun, scenic landscapes, and busy streets. While the city is an attractive destination, its bustling thoroughfares present certain risks. Phoenix’s growth and urban sprawl, combined with its unique mix of residents and tourists, create a dynamic environment where pedestrian accidents are becoming increasingly common.
Whether crossing busy intersections, walking in residential neighborhoods, or simply enjoying a stroll in one of Phoenix’s numerous parks, pedestrians are at risk. As Phoenix pedestrian accident lawyers, we at Burg Simpson are dedicated to safeguarding the rights of injured pedestrians and ensuring they receive the compensation they deserve.
What Are the Most Common Causes of Pedestrian Accidents?
Pedestrian accidents in Phoenix and across Arizona have seen a troubling rise. Without understanding the causes of these accidents, it would be difficult to change their disturbing trajectory.
Ensuring pedestrian safety requires a collective effort from both drivers and pedestrians to be aware and respectful of each other. The most common causes of pedestrian accidents are:
Higher speeds reduce a driver’s reaction time and increase the severity of an accident. The GHSA assessed that the risk of fatal injuries increases from 10% when a vehicle is moving at 23 mph to 90% when moving at 58 mph. Residential zones, school areas, and crosswalks become perilous when drivers exceed speed limits.
Alcohol or Drug Impaired Driving or Walking
Alcohol and drugs impair judgment, reflexes, and decision-making, making impaired drivers more prone to overlook pedestrians, misjudge distances, or have costly delays in reaction time. However, impaired drivers are not the only concern.
30.5% of pedestrians fatally injured in accidents had a BAC of 0.08% or higher. Though walking is the more responsible choice after drug or alcohol consumption, intoxicated pedestrians can also exhibit slowed response times and compromised decision-making, leading to deadly consequences.
Whether texting, adjusting the radio, eating, grooming, or chatting with passengers, drivers are often preoccupied, leading to less focus on the road and pedestrians. Though Arizona’s Hands Off Law attempts to regulate the use of smartphones while driving, the problem persists, causing a significant risk to pedestrians and others on the road.
Behaviors like running red lights or stop signs, making aggressive turns, or not signaling can endanger pedestrians. Many accidents occur at intersections and crosswalks where drivers fail to grant pedestrians their legal right of way, especially during turns.
Lack of Infrastructure
Uneven surfaces, roads in disrepair, and lack of crosswalks and sidewalks all contribute to pedestrian accidents. Additionally, accidents spike during dawn, dusk, or nighttime when pedestrians are less visible. Insufficient street lighting can obscure a pedestrian’s presence.
In the unfortunate event that you are injured in a motor vehicle accident while walking, a Phoenix pedestrian accident lawyer can help to ensure you are compensated appropriately for your losses.
Who Is Liable in a Phoenix Pedestrian Accident?
Liability in a Phoenix pedestrian accident often hinges on the concept of negligence. In many cases, the driver of a vehicle is found liable if they failed to exercise reasonable care, leading to the accident. Common negligent behaviors include distracted driving, speeding, and not yielding the right of way to pedestrians at crosswalks.
However, a pedestrian can be found to have contributed to a car accident as well. Due to Arizona’s comparative negligence law (Arizona Revised Statutes § 12-2505), even if a pedestrian shares some fault in an accident, they can still recover damages—though the compensation may be reduced in proportion to their fault.
In some accidents, it is not the driver or the pedestrian who is liable. Factors such as malfunctioning traffic signals, poorly maintained sidewalks, or insufficiently lit areas can expose city or county agencies to liability. Moreover, the car manufacturer might be held responsible if a vehicle malfunction, such as brake failure, caused the accident.
Determining liability can be complex, making it essential for victims to consult with skilled Phoenix pedestrian accident lawyers to assess the specifics of their case and ensure all responsible parties are held accountable.
What Damages Can Be Recovered in a Phoenix Pedestrian Accident Claim?
When you or a loved one has been involved in a pedestrian accident in Phoenix, the aftermath can be physically, emotionally, and financially draining. Arizona law allows victims to seek various damages to alleviate the burdens caused by another’s negligence. These damages may include but are not limited to:
- Medical Expenses
This encompasses hospital bills, surgery costs, physical therapy, rehabilitation, medications, and any future medical care you might need due to the accident.
- Lost Wages
If the injury keeps you from working, you can claim compensation for your lost wages and potentially future earnings if the injury leads to long-term disability.
- Pain & Suffering
Unlike tangible costs, this refers to the physical pain and emotional distress suffered due to the accident.
- Loss of Consortium
This is compensation for the harm caused to the relationship between the victim and their spouse or family.
- Loss of Quality or Enjoyment of Life
How has your injury impacted your daily life? Some severe injuries can leave a victim unable to engage in or enjoy activities as they did before the accident.
In the case of the loss of a loved one in a pedestrian accident, family members may be able to seek the following damages for wrongful death:
- Funeral & burial expenses
- Medical expenses
- Loss of future income
- Pain & suffering
- Loss of care, companionship, & guidance
- Loss of household services provided by the deceased
While this provides a general overview, every case is unique. To ensure you pursue the compensation you deserve, it is important to consult with skilled Phoenix pedestrian accident lawyers who understand Arizona’s complex legal system.
Do Pedestrians Always Have the Right of Way in Arizona?
In Arizona, pedestrians have rights. The matter of a pedestrian’s right of way is addressed in multiple statutes. At first glance, many might assume that pedestrians always have the right of way. While Arizona law does prioritize pedestrian safety, it does not grant unfettered right of way to pedestrians in every situation.
According to § 28-792, drivers are required to yield the right of way to a pedestrian crossing the roadway within any marked crosswalk or any unmarked crosswalk at an intersection. This means that vehicles must stop if a pedestrian is on the same half of the roadway as the vehicle or is approaching closely enough to be a potential hazard.
This same statute also emphasizes that pedestrians cannot suddenly leave a curb or other safe place and walk or run into the path of a vehicle. Moreover, § 28-793 states that if a pedestrian is crossing a roadway at any point other than within a marked crosswalk or an unmarked crosswalk at an intersection, they must yield the right of way to all vehicles on the roadway.
Is It Illegal to Jaywalk in Arizona?
Yes. A pedestrian is allowed to cross outside the crosswalk, but they must yield the right of way to passing motor vehicles. If they do not, this is called jaywalking. Jaywalking or crossing roads recklessly places the responsibility on the pedestrian.
Read More: Your Rights as a Pedestrian in Phoenix
While Arizona law does provide protections for pedestrians and prioritizes their safety, it does not mean pedestrians always have the right of way. Both drivers and pedestrians have a responsibility to ensure safe roadway interactions.
If you have been injured in a pedestrian accident and are unsure about your rights and liabilities, consulting with an experienced Phoenix pedestrian accident lawyer can provide clarity and guidance.
Who As a Pedestrian Is Most at Risk?
Unlike vehicle-on-vehicle collisions, pedestrians have no protection. They bear the full brunt of the impact in an accident, leading to more severe injuries or fatalities. Certain groups of pedestrians are more vulnerable to pedestrian accidents than others. The people most at risk are:
- Older People
Due to limited mobility and potentially slower reaction times, older adults are at a heightened risk of being involved in pedestrian accidents.
Kids are often less predictable in their movements and might not always recognize the dangers of the road. Areas near schools and parks require extra vigilance.
- Intoxicated Pedestrians
Individuals under the influence of alcohol or drugs might make poor decisions, such as crossing roads in undesignated areas or against traffic signals.
- Distracted Pedestrians
With the prevalence of smartphone use, those texting or engaging in other distracting behaviors while walking can inadvertently step into harm’s way.
It is paramount for all road users to remain vigilant and prioritize pedestrian safety.
How Can You Stay Safe as a Pedestrian?
Pedestrian safety requires vigilance and active measures, especially in bustling areas like Phoenix. Here are some proven strategies:
- Use Crosswalks & Pedestrian Signals
Always cross streets at marked crosswalks or intersections, using any available pedestrian signals.
- Stay Visible
Wear bright or reflective clothing, especially at night or in low-light conditions.
- Avoid Distractions
Refrain from using your phone or wearing headphones when crossing streets. Always stay alert to your surroundings.
- Make Eye Contact
Before crossing, ensure drivers see you. Making eye contact can significantly reduce the risk of an accident.
- Follow Traffic Rules
Even though pedestrians have rights, those will not protect you from a speeding vehicle. It is crucial to adhere to traffic signals and signs.
- Stay Sober
Impaired walking can be dangerous. It is not as hazardous as impaired driving, mind you, but dangerous nonetheless. Alcohol or drugs can distort judgment and reaction times.
- Utilize Sidewalks
Whenever available, sidewalks are your safest option. If none are present, walk facing traffic, staying as far from vehicles as possible.
By taking these steps, pedestrians can significantly reduce their risk of accidents and help to ensure a safer walking experience.
Why Choose Burg Simpson?
Navigating the aftermath of a pedestrian accident can be overwhelming. With medical bills mounting and the emotional trauma to contend with, you need a trusted ally in your corner. Our team of attorneys is dedicated to the pursuit of accountability on behalf of the negligent parties and will seek the just compensation you deserve for your harrowing losses.
While there is no shortage of personal injury attorneys, few match our unique combination of experience, empathy, and dedication. We are Good Lawyers. Changing Lives.®, and we deliver:
Large Firm Power. Small Firm Care.
Phoenix is not just a city we operate in—it is home. Our love for our neighbors and experience with the local legal system is bolstered by our wide-reaching resources, equipping us to advocate powerfully on your behalf.
Every client deserves personalized attention. We are staunch defenders of the underdog, striving to ensure that each story has an audience, all rights are protected, and the best possible outcomes are persistently pursued.
Decades of Success
Our Phoenix pedestrian accident attorneys have a rich history, achieving over $2 billion in settlements and verdicts in our 40+ years of practice. When you place your trust in us, you are banking on a legacy of success.
Contact Our Phoenix Pedestrian Accident Lawyers Today
In the bustling city of Phoenix, pedestrian safety is paramount. Yet, each year, hundreds of residents and tourists become victims of pedestrian accidents. If you or a loved one has been impacted, you need an experienced Phoenix pedestrian accident lawyer to advocate on your behalf.
Taking on insurers and at-fault parties is an uphill battle on your own. With medical bills mounting, it is crucial to have knowledgeable legal support. At Burg Simpson, we can:
- Thoroughly investigate the accident
- Gather essential evidence
- Deal directly with insurers, negotiating to ensure you receive a fair settlement
- Represent you in court, if necessary
- Guide you through the ins and outs of the legal process
We are not just lawyers; we are champions for the injured. If you or someone you love has been injured in a pedestrian accident in Phoenix or anywhere in Arizona, you deserve dedicated, empathetic representation. Allow our devoted team to seek justice and fair compensation for you during this trying time.
Contact the attorneys at Burg Simpson online via chat or our FREE consultation form or by calling 602-777-7000 for a FREE and confidential case evaluation.