When you are hurt in a Gilbert pedestrian accident, it is normal to feel overwhelmed, confused, and uncertain of what to do next. You could be facing mounting medical expenses, lost income from time missed at work due to your injuries, and other substantial losses. A knowledgeable Gilbert pedestrian accident lawyer understands just how much is at stake and could work hard to advocate for your interests. Contact a personal injury attorney today for legal help. En Español.
According to Arizona Revised Statutes §28-794, drivers are obligated to exercise due care to avoid a collision with any pedestrian on the roadway, provide warning by sounding their vehicle horn when needed, and exert proper care if they see a confused individual or child on the roadway. Furthermore, motorists are required to yield to pedestrians who are crossing a roadway within the crosswalk and avoid passing another vehicle that is stopped at a crosswalk.
Arizona also establishes several laws for pedestrians to adhere to, including the following:
Drivers have a legal obligation to drive with reasonable care and adhere to all traffic laws. When a driver breaches that duty and causes an accident, they can be sued for negligence. However, pedestrians also possess a duty to exert reasonable care while on Arizona roadways. What happens if both the driver and pedestrian are at fault for the accident?
Arizona law follows the pure comparative fault rule, meaning that the amount of damages an injured pedestrian could recover would be reduced by the percentage reflecting their degree of fault. If the pedestrian were apportioned 20 percent of the fault and the driver 80 percent, the plaintiff’s total monetary compensation would be reduced by 20 percent. A Gilbert attorney who handles pedestrian accidents could help the plaintiff determine if the driver breached the duty they owed to the pedestrian and if that breach caused the individual’s injuries.
When a pedestrian is hit by a vehicle, they have no seatbelts or airbags to cushion the impact. As such, pedestrian accidents can lead to very serious and sometimes fatal injuries, including spinal cord injuries, traumatic brain injuries, soft tissue injuries, and broken or fractured bones.
A pedestrian collision attorney in Gilbert could help the injured party obtain both economic (i.e. medical bills, lost wages) and noneconomic damages (i.e. pain and suffering, emotional distress) for their losses. If the vehicle driver’s actions were particularly outrageous or intentional, the pedestrian might also be able to recover punitive damages.
When you are in a pedestrian accident, it could be in your best interests to contact a lawyer to ensure that you obtain the damages that are available to you. Contact an experienced Gilbert pedestrian accident lawyer today to schedule a case consultation and learn what financial recovery could be possible in your case.