For many, walking and jogging are healthy and necessary alternatives to driving. But pedestrians face a dangerous task when they cross the street, whether they are aware of it or not. If you are among the thousands of pedestrians facing injuries as a result of an accident, it could be beneficial to reach out to a personal injury attorney near you.
As difficult as the physical injuries may be, the financial and legal obstacles could present even more unnecessary stress, especially if you are dealing with it on your own. A seasoned Phoenix pedestrian accident lawyer might be able to help alleviate the stress by reviewing the circumstances of your case and helping you understand your options moving forward.
A large number of injuries suffered by pedestrians are attributed to car accidents, though it is possible for pedestrians to be injured from other incidents, such as a projectile, bicyclists, or even other pedestrians.
Unless a defendant driver intentionally targets and hits a pedestrian, they would likely be sued based on negligence. An injured pedestrian in Phoenix would have to prove four elements to bring a negligence lawsuit against another driver successfully. The four elements of negligence consist of duty, breach, causation, and harm.
Regarding the first element, duty, drivers are required by law to operate their vehicle with reasonable care. Speeding would be an example of the second element, breach. A driver would be in breach if they fail to adhere to their duty of reasonable care and instead drove over the speed limit. Courts often examine what a reasonably prudent driver under similar circumstances would have done in order to determine if the defendant driver was in breach.
Like elements one and two, elements three and four could also be interdependent. Under the third element, causation, a plaintiff must show that the negligent driver’s conduct was the actual and proximate cause of their injuries. And finally, to prove the fourth element, harm, the plaintiff must show that they suffered harm related to the accident, such as a physical injury.
It would not be enough for a plaintiff to bring a negligence claim if the defendant, for example, ran a red light and startled them. Even though the defendant is negligent, there was no damage and no harm done to the car or their person.
Pedestrian accident complainants in Phoenix may pursue economic or noneconomic damages against a responsible defendant. Economic damages might include:
Noneconomic damages do not include monetary losses but instead apply to non-quantifiable, subjective harms. These might include:
Some states apply damage caps on the amount of recovery a plaintiff can receive in a personal injury case. In Arizona, there are no damage caps for personal injury actions.
Seeking professional legal assistance from a Phoenix pedestrian accident attorney could be helpful in your quest for recovery. Having a lawyer experienced in personal injury proceedings in your corner could help you recover compensation and hold a negligent driver accountable. To learn more about your options, call now for a consultation.