With Tucson’s bustling downtown area and tourist attractions, walking is a popular way to get around. However, despite the city’s many positives, it has a high pedestrian accident rate. Dealing with the aftermath of such an incident can be physically and emotionally overwhelming.
It’s important to feel heard and understood during times like this. That’s why finding a Tucson pedestrian accident lawyer who understands your challenges is crucial. An experienced attorney from Zinda Law Group could review your case, investigate the accident, and pursue the maximum compensation available.
Contact us today to find out what a Tucson personal injury lawyer can do for your case.
Our Law Firm Has Obtained Large Settlements in Pedestrian Accident Cases
At Zinda Law Group, we have a track record of successful case results, securing large settlements and verdicts in pedestrian accident cases, including:
- $1,210,000 for a pedestrian who suffered a fractured spine and emotional trauma.
- $1,250,000 for the family in a wrongful death case involving a pedestrian.
- $7,723,000 for the family of another fatal pedestrian accident victim.
Please remember that every case is unique, and your settlement or court award will depend on factors like the circumstances of your accident and the severity of your injuries.
Consulting with a qualified pedestrian accident attorney will help you understand the value of your case and pursue the compensation you deserve. Reach out to our pedestrian accident lawyers today, or continue reading to learn more about these cases and how we help clients in your situation.
For a free legal consultation with a pedestrian accidents lawyer serving Tucson, call 800-863-5312
Causes of Tucson Pedestrian Accidents
A pedestrian accident occurs when a motorist collides with a person on foot. Notably, the motorist does not have to be driving a car. A bicyclist or someone on a skateboard or an electric scooter also falls within the definition of a motorist.
Pedestrian accidents may occur in numerous ways. A non-exhaustive list of causes includes:
Failure to Notice Pedestrians
Drivers owe pedestrians a duty of care; they are expected to follow the rules of the road while focusing on their surroundings. When drivers are inattentive, they may not notice pedestrians crossing the street in front of them.
Catastrophe can follow, especially when a driver operates the vehicle fatigued, or speed or run through a red light or stop sign.
Hazardous Road Conditions
Tucson road conditions are not always ideal or safe to travel through. When a motorist is inattentive in places where roads are hazardous yet traversed by pedestrians, tragedy ensues.
Here’s what can happen:
- Debris may block part of the road, causing the driver to swerve suddenly into a pedestrian.
- Construction work can impact lane availability, forcing cars into lanes where people normally walk more freely.
- In bad weather, roads are slippery, and if the driver doesn’t take extra caution, he could slide into a crowd or hit a pedestrian who has fallen while crossing the road.
- Potholes or uneven pavement makes lanes hazardous to smaller vehicles, so a bicyclist or motorcycle rider may lose control and be thrown suddenly into the path of a pedestrian.
Intoxicated drivers cannot adequately pay attention to their surroundings on the road. A drunk driver will not have the reflexes to slow their vehicle down to avoid hitting someone crossing the street.
Pedestrian Accident in Tucson lawyers near me 800-863-5312
Common Injuries Sustained in Pedestrian Accidents
Due to their vulnerability in motor vehicle accidents, a hit pedestrian can encounter a wide range of severe injuries.
Here are just a few of the more common examples:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken or fractured bones
- Abdominal injuries
- Crush injuries
- Soft tissue injuries
- Internal bleeding
- Internal organ damage
- Road rash
Whether your injuries are minor or severe, our legal team is here to help you get the medical care and financial compensation you need to move forward with your life.
Pursuing a Legal Claim After Being Injured
After retaining a personal injury lawyer in Tucson, you will be asked to provide your lawyer with your medical expenses, the contact information of any potential witnesses at the accident scene, a copy of the police report, and other information that may be helpful to your case.
After filing your pedestrian accident lawsuit against the responsible party (or parties), the lawyer may negotiate with the insurance company to obtain a fair settlement for you. Your lawyer will bring your case to trial if the negotiations are unsuccessful.
Negotiations will typically continue; however, you can count on our team to advocate for you in court if your case doesn’t settle before trial.
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Who Is At Fault for My Tucson Pedestrian Accident?
Arizona follows an at-fault system for determining liability after a vehicle-related accident. Unlike some other states, Arizona also uses the doctrine of comparative negligence to decide how much damage compensation a party shall receive.
Comparative negligence means that the party bringing a personal injury claim will have their monetary compensation adjusted depending on how much they were at fault for the accident.
For example, if your damages for a pedestrian accident injury amount to $100,000 but you are 10% at fault, you will receive $90,000 in compensation. Conversely, if the damages from your injury amount to $100,000 but you are 90% at fault, the court will award you $10,000 in compensation.
Suppose two or more parties are responsible for your injury. In that case, Arizona law mandates that under the right to contribution, each party will pay a percentage of the overall compensation based on their respective proportion of responsibility.
Potentially Liable Parties
A court may allocate fault among several different parties, including:
The driver is at fault for your pedestrian accident when the driver was negligent in:
- Following the rules of the road (such as yielding to those who are crossing the street).
- Driving recklessly.
- Driving while intoxicated.
If the accident would not have happened had the driver abided by relevant laws, you will likely have a strong case to make that she is at fault for your injury. Your attorney will investigate thoroughly to prove negligence if it caused your injury.
The Driver’s Employer
If the driver was operating the vehicle that hit you during their employment, your attorney might target the negligent driver’s company for compensation through the doctrine of vicarious liability. Under vicarious liability, a party can be held responsible for the actions of a third party.
A common example is when an employee was acting in the course of their employment when they committed an unlawful or negligent act.
A government entity is responsible for your injury if the accident would not have taken place but for the action or inaction of the government. For example, if the driver was on the job as a government employee, you can pursue a claim against the government based on vicarious liability.
When you consult a Tucson personal injury lawyer about your legal options, they will advise you on whether a government entity may be the defendant in your case.
What Can I Expect for Compensation?
Since Arizona law prohibits damage caps, there is no set amount of compensation you can expect after a pedestrian accident. Rather, it will be analyzed on a case-by-case basis.
A pedestrian accident victim can seek compensation for both economic and non-economic losses. Economic losses are easily understood costs, such as:
- Medical expenses.
- Physical therapy.
- Loss of wages.
- Loss of employment.
- Loss of property.
Non-economic damages are subjective and non-monetary. They include:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
- Loss of consortium.
- Other additional damages.
Certain surviving family members may file a wrongful death suit after a fatal pedestrian accident. While this will never make up for what happened, it can include compensation for burial costs, loss of income, and damages associated with the emotional toll of losing a loved one.
The court may require the at-fault driver to pay you punitive damages in cases of extreme negligence or intentional acts.
What Is the Time Limit for Taking Legal Action?
Arizona has a two-year personal injury statute of limitations. This means that you have two years from the accident date to file a personal injury claim against the party responsible for your pedestrian accident injury. If you do not file on time, you cannot receive compensation.
If you intend to file a claim against a government entity for your injuries, you must do so within 180 days of the accident, according to Arizona Revised Statutes § 12-821.01. For example, if the Arizona state government failed to maintain safe road conditions where you were injured three months ago, you may choose to sue.
Our Experienced Pedestrian Injury Lawyers Are Here to Help
At Zinda Law Group, our Tucson pedestrian accident attorneys have experience handling cases for Arizona residents and visitors. Our working knowledge of relevant laws will help us guide you through the lawsuit process after a pedestrian accident.
If you’ve been hit by a motor vehicle, reach out to our personal injury law firm today. We offer 100% free case evaluations with our Tucson pedestrian accident attorneys. We handle cases on a contingency basis, which means you pay nothing unless we win your case. That’s our no-win, no-fee guarantee.
Call our office or fill out the online contact form to get started.