You’re walking across the street and you’re hit by a car. It’s a terrible accident and it happens more than it should.
It is estimated that more than 1,500 pedestrian accidents happen each year in Arizona resulting in 1,300 injuries and more than 100 fatalities.
You have rights even if you were walking against the light. If you or a loved one have been involved in a pedestrian accident in Phoenix, the team at Silkman Law Firm can help.
Arizona Law Regarding Crosswalks
Your rights and subsequent compensation are dependent on who was at fault. While there may be clear fault, there are also cases where a percentage of fault is assessed to both the pedestrian and driver.
More than 800 pedestrian accidents in Arizona occur when the pedestrian is crossing a road.
When there is a crosswalk, the pedestrian is allowed to cross on the traffic signal. While they should still look for traffic, it is the pedestrian who has the right of way.
When there is no traffic signal, pedestrians are expected to look for traffic and cross inside a crosswalk when it is clear.
Often drivers claim they had the right of way but the reality is the pedestrian often does and the driver is just distracted. They didn’t see the person crossing the road or saw them when it was too late. In this type of case, it is negligence on the part of the driver and the pedestrian is often awarded full compensation.
What if negligence isn’t clear cut?
There are cases when a pedestrian has walked against the light. This doesn’t mean they don’t have rights. In Arizona, courts use comparative negligence to determine how much the pedestrian and driver were each at fault. A percentage of fault is assigned to each.
If the driver is responsible for damages, the amount will be reduced by the amount the pedestrian was also negligent. This happens most often when a pedestrian darts into traffic and the driver has no safe way of stopping or changing course.
Whether negligence is clear cut or not, a pedestrian accident lawyer can help you get the compensation you deserve including medical expenses and lost wages.