Plenty of pedestrians walk the streets every day without incident. Many of them probably do not think about the shockingly severe, and even fatal injuries they could face if an accident were to occur.
When accidents do happen, and you suffer from an injury, you might not know what steps to take next to get the relief you need. Legal filing procedures and concepts could be complicated depending on the nature of the case. A Chandler pedestrian accident lawyer might be able to lend you their experience as a personal injury attorney. With a seasoned personal injury attorney’s advice and counsel, you could develop a strategy for pursuing your legal recovery.
In most cases, pedestrian accidents are torts. Torts are civil wrongs committed by one person that results in harm to another person and leads to potential liability.
Unintentional torts hold defendants liable for causing harm to someone, even if it was unintentional. In order to hold someone liable for an unintentional tort, also known as negligence, the plaintiff must show that the defendant breached their duty of care to the plaintiff, which caused the plaintiff’s injuries.
Generally, people owe others a duty to act as a reasonably prudent person would act under the circumstances. If someone fails to act reasonably, for example, texts while driving and causes an injury, they are said to be in breach of their duty of care. Plaintiffs have the responsibility of proving that the defendant’s breach caused their injuries. Fortunately, an experienced lawyer could help an injured victim establish negligence.
Issues of comparative fault could limit, or even bar a plaintiff from recovering damages in court. Comparative fault allows courts to decide whether a plaintiff may seek damages if they were partially at fault for causing an accident.
There are three main schools of thought regarding comparative fault, modified comparative fault, pure comparative fault, and pure contributory fault. Arizona follows the pure comparative fault rule, codified under Arizona Revised Statutes §12-2505. Under the statute, plaintiffs found 100 percent at fault, or those that intentionally cause or contribute to an accident may not recover. But plaintiffs 99 percent or less at fault may recover damages proportionate to their amount of fault. For example, a pedestrian accident plaintiff in Chandler that is 40 percent at fault for causing the accident would only receive 60 percent of their damages.
Plaintiffs are allowed to pursue one or more people for damages if more than one person causes the accident. Arizona Revised Statutes §12-2501, also known as the right to contribution, requires defendants to contribute the number of damages equal to their percentage of fault. For example, if there are two defendants that caused the accident, and one defendant was 10 percent at fault, and the other 70 percent at fault, both would be required to pay for the damages according to their percentage of fault. For help with recovering damages, contact a pedestrian accident lawyer in Chandler.
There is no “one size fits all” approach to pursuing a legal recovery after a pedestrian accident. Every case has a different set of facts and could require an entirely separate plan of action. It could be challenging to discern how to move forward without knowledge and experience to guide you.
Let a Chandler pedestrian accident lawyer lead the way. Instead of fighting for your rights alone, you could have a legal professional navigate you through the process. Call now to find out what options you might have for recovery.