Tucson Pedestrian Accident Lawyers

Last updated on: May 1, 2022

Call (800) 863-5312 To Speak With Tucson Pedestrian Accident Lawyers

Tucson truly is a “Sunshine Factory,” with delightful warm weather and a bustling downtown  with plenty of tourist attractions. However, despite Tucson’s many positives, the city has a high pedestrian accident rate. If you or a loved one has been injured in a pedestrian accident in Tucson, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation today with Tucson pedestrian accident lawyers.

Some of Tucson’s busier, more populated areas are quite risky for pedestrians, such as at West Silverlake and Pima & Rock. In fact, Tucson recently ranked as the 40th most dangerous town in the United States for pedestrian accidents. Indeed, our neighborhoods are still reeling from the undue pain of loss from 240 reported pedestrian fatalities between 2010 and 2019.

The news doesn’t report these incidents extensively. Did you realize how often pedestrians are injured? Let’s look at some reasons why.

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.

How Does a Pedestrian Accident in Tucson Happen?

Pedestrian accidents may occur in numerous ways. A non-exhaustive list 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 nearby surroundings. When a driver is non-attentive, they may not notice that a pedestrian is crossing the street in front of them. Catastrophe can follow, especially when a driver operates the vehicle fatigued, or if she speeds or runs 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 also, tragedy all too often ensues.

  • Debris may block part of the road, causing the driver to swerve suddenly into a pedestrian.
  • Construction work can impact lane availability, forcing a car 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.
Intoxication

Intoxicated drivers are unable to adequately pay attention to their surroundings while on the road. A drunk driver will not have the reflexes to slow their vehicle down to avoid hitting a pedestrian crossing the street. Furthermore, if a pedestrian is intoxicated, they may attempt to cross the road while traffic is oncoming or not use the designated crosswalk where drivers know they are expected to slow down when people are near.

Read More: Nationwide Pedestrian Accident Lawyers

Pedestrian Accident Injury Statistics

In 2017, the CDC reports, almost 6,000 pedestrians were killed by vehicle crashes in the United States. That averages to almost 1 death every 90 minutes. In addition, an estimated 137,000 pedestrians were treated for non-fatal pedestrian accident injuries.

The two most at-risk groups are the elderly and children. Pedestrians over the age of 65 were victims of 20% of total pedestrian fatalities that year while children under 15 were counted as 25% of the total pedestrian fatalities.

How fast a car was traveling when it hits a person has significant impact upon the outcome. And they don’t have to be going very fast for it to take someone’s life, or to change it forever. Studies demonstrate that the average risk of severe injury for a pedestrian is:

  • 10% when the vehicle was traveling at 16 mph
  • 25% when the vehicle was traveling at 23 mph
  • 50% when the vehicle was traveling at 31 mph
  • 75% when the vehicle was traveling at 39 mph
  • 90% when the vehicle was traveling at 46 mph

These risk percentages vary depending on the age range. For example, on average, a 30-year-old pedestrian struck by a vehicle at 35 mph carries the same risk of severe injury as a 70-year-old pedestrian struck by a vehicle at 25 mph.

Read More: It’s a Robot, It’s a Pedestrian, It’s Both

What Are Common Pedestrian Accident Injuries?

Due to the lack of adequate physical protection, a hit pedestrian can encounter a wide range of injuries varying in severity. Here are just a few of the more common examples:

  • Traumatic head injuries
  • Rib fractures
  • Bone fractures
  • Lacerations
  • Internal injuries
  • Broken bones
  • Road rash

5 Steps to take After a Pedestrian Accident

Taking several important steps following a pedestrian accident will help speed your recovery. It will also help you build the strongest case should you choose to seek compensation for your injuries.

1. Evaluate Your Medical Status Immediately

The most important thing to do after your Tucson car accident is to monitor your health. If your injuries are severe, go to a nearby medical facility as soon as possible. Even if your injuries are not immediately critical, you should still check into a medical facility as injuries can sometimes take days to present themselves.

2. Call the Tucson Police and Get a Crash Report

After assessing your initial health status, notify 911 of the accident. When a Tucson police officer arrives, they will likely ask you questions about how the accident occurred. Be truthful with the police, but do not admit to any fault or liability in the matter.

A police officer will likely ask you to fill out an accident report. After filling out the accident report, request a copy of the report when it is available. Having the report will help your Tucson personal injury lawyer obtain maximum compensation for your injuries.

3. Document Evidence of Your Pedestrian-Related Accident

If it is possible and safe to do so, take photos following the accident. Snap photos of:

  • Your injuries
  • The road conditions
  • The accident location
  • The damage done, if any, to others and/or property nearby
  • The vehicle that caused your accident (focus on the license plate for identification purposes)

If any witnesses are present at the scene, try to get their names and contact information. Witnesses can greatly help a Tucson injury attorney present corroborating evidence of your side of the story during litigation.

Further, make sure that you document any and all medical expenses that you incur afterwards. These records will help your attorney prove the extent of your injuries and what your monetary compensation for damages should be. Document any and all hospital visits, physical therapy sessions, days taken off from work, and other related expenses needed to get you back to how you were prior to the pedestrian accident.

4. Call a Tucson Pedestrian Accident Lawyer

Retain a personal injury attorney in Tucson after suffering a pedestrian accident in Tucson. The attorney may want to consult with you in person about your accident. He or she will want to gather information from you that will help clarify who or what was responsible for your crash.

To properly prepare your case, they must know many facts about your incident, but we’ll start with the basics:

  • Where the accident occurred
  • What the road conditions were like
  • Who caused the accident
  • How the accident happened
  • Whether there were any witnesses
  • The severity of your injuries
  • Whether you have contacted the insurance companies

If you have already given a statement to either your insurance company or the defendant’s, the attorney will want to know what you disclosed to them. Be honest and don’t exaggerate the facts. The more details you can provide them, the better, and the sooner you hire them the sooner they can begin to investigate.

Furthermore, a skilled Tucson pedestrian accident attorney will be able to guide you through the legal process of getting your case filed on time according to Arizona law. Zinda Law Group personal injury attorneys can help you determine fault and avoid pitfalls with a potential claim. Ultimately, if we take your case, we will do everything we can to assist you in obtaining maximum compensation for your injury.

Pursuing a Legal Claim After an Accident

After retaining a Zinda Law Group personal injury lawyer in Tucson, you will be asked to provide the lawyer with your medical expenses, the contact information you have of any potential witnesses at the scene of the accident, a copy of the police report, and other information the lawyer believes is helpful to your case. The lawyer will take each piece of evidence and use it to strengthen the value of your case.

After filing the lawsuit against the responsible party (or parties), the lawyer may negotiate with the insurance company, on your behalf, to obtain a favorable monetary settlement for you. If the negotiations are unsuccessful, your lawyer will bring your case to trial. There, you can count on Zinda Law Group to advocate tirelessly that you are entitled to maximum compensation from the accident.

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. If two or more parties are responsible for your injury, Arizona law mandates that under the right to contribution, the amount each party will pay is a percentage of the overall compensation based on each party’s proportion of responsibility.

A court may allocate fault among several different parties, including:

1. The Driver

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, or
  • 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 is in fact what caused your injury.

2. The Driver’s Company

If the driver was operating the vehicle that hit you in the course of their employment, your attorney may target the 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 performing an action in furtherance of their employment when they committed an unlawful or negligent act.

3. The Government

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 through 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 receive after a pedestrian accident. Rather, it will be analyzed on a case by case basis.

A pedestrian accident victim can request economic damages and non-economic damages. Economic damages 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:

Family members may file a loss of consortium claim if the pedestrian accident caused the victim to pass away due to the injuries. It is commonly used in a wrongful death suit by the surviving spouse, children, and/or other immediate family members for the loss of love and companionship from the deceased.

What Are The Statutes Of Limitations?

Arizona has a two-year personal injury statute of limitations. This means that you have two years from the date of the accident 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 file a claim within 180 days of the accident. For example, if the AZ state government failed to maintain safe road conditions where you were injured three months ago, you may choose to sue. So, if you believe that but for the government’s actions your pedestrian accident last month would not have taken place, then you may have a case.

How To Avoid Future Pedestrian Accidents

Experts at the National Highway Traffic Safety Administration (NHTSA) offer important safety tips for both pedestrians and drivers on how to avoid accidents:

Pedestrians

  • Walk on a sidewalk or path if available.
  • If no sidewalk or path is available, walk along the shoulder facing traffic.
  • Cross streets at crosswalks or intersections when possible.
  • Avoid intoxication so that you have the best judgment when crossing the street.
  • Wear bright clothing during the day and reflective clothing and carry a flashlight at night.

Drivers

  • Keep your head “on a swivel” while looking for passengers, especially if it is early in the morning, at night, or in poor weather conditions.
  • Always stop for pedestrians at crosswalks and where pedestrian crosswalk signs are located.
  • Avoid passing vehicles stopped at crosswalks and intersections.
  • Follow the speed limit and slow down in areas such as school zones and residential neighborhoods.
  • Avoid drugs or alcohol.

Zinda Law Group’s Tucson Pedestrian Accident Lawyers Are Here To Help

Pedestrian accidents are highly emotional for everyone involved. When navigating police reports, medical expenses, and rehabilitation, it is important to have a Tucson pedestrian accident attorney who will assist you in obtaining maximum compensation for your injury. That way you can focus on recovering and getting your life back on track.

At Zinda Law Group, our Tucson injury lawyers have experience handling pedestrian accident cases for AZ residents and visitors alike. Our working knowledge of relevant laws will help us guide you through the lawsuit process after a pedestrian accident.

If you or a loved one has been injured in a pedestrian accident, call Zinda Law Group at (800) 863-5312. We offer 100% free case evaluations with our Tucson pedestrian accident attorneys. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.