Pedestrian Accidents

Are Pedestrians Protected Under State Law?

If you were recently struck by a car while walking and suffered serious injuries, you may be entitled to compensation. Contact the personal injury attorneys at The Husband & Wife Law Team, to discover your legal options. By law, pedestrians have the right-of-way in almost every instance. The motorist who disregarded your safety is likely in violation of state code, and liable for whatever damages you or your family member has suffered. To find out more, contact our office today and schedule a free case consultation.

Pedestrians Most at Risk

Arizona has the highest rate of pedestrian deaths in the country. According to the Governor’s Highway Safety Association, Arizona had a total of 4.1 deaths per 100,000 people during the first six months of 2016. Clearly, pedestrians in Arizona are at risk. But which pedestrians are most at risk?

In our experience as pedestrian accident attorneys, we’ve found that these groups of pedestrians are most at risk of being hit by a vehicle:

• Joggers and runners

• Parents with strollers

• Children

In addition, pedestrians listening to music, especially through headphones, and those texting while walking may not be as aware of their surroundings and at higher risk of getting into an accident. However, drivers have the highest duty of care to keep pedestrians safe at all times. Simply because a pedestrian was pushing a stroller or listening to music at the time of an accident does not mean they are automatically at fault.

Don’t Assume the Driver’s Insurance Company Will Automatically Cover You

While insurance companies are legally obligated to cover an at-fault driver, they will not settle easily. Quite often, it takes the presence of a dedicated legal team to make these adjustors and their clients see reason. The Husband & Wife Law Team of Alexis and Mark Breyer has years of experience dealing with insurance companies. We know their tricks and how best to get the settlement you need. Do not attempt to take these professionals on by yourself – let our expertise work for you.

But don't delay. The longer you wait to file your claim, the harder it will be to get the maximum amount. Personal injury claims are won and lost within the first few days following the incident, especially in the case of a pedestrian hit-and-run, where important evidence needs to be obtained quickly. Unfortunately, it is up to you to make the first move. Contact The Husband & Wife Law Team, a call today and let us pick up where the accident left off. We will use every resource at our disposal to get the compensation you and your family deserve.

I've Been in a Pedestrian Accident – Now What?

Above all, your claim will need evidence. Because so much of your case depends on what occurred in the moments leading up to and following the accident, the information gathered on-site is invaluable. Photographs or video of the scene, witness statements, and physical evidence can all play a significant role in the claims process.

Immediately contact The Husband & Wife Law Team and discuss your legal options with the best Phoenix car accident attorneys. While the last thing on your mind may be hiring an attorney, you will be taking the proper steps to preserve any claim you wish to pursue both now and in the future. Remember – the state of Arizona maintains a statute of limitations on all personal injury claims that ultimately will bar you from collecting any compensation after two years. If you are filing against the city or township in which your accident occurred, the time frame is even smaller - six months or less. Don't let your opportunity slip by - contact our office today.

What Is a Wrongful Death?

Pedestrians have little to protect them in the event of a crash. They're vulnerable, and subject to suffering catastrophic and even fatal injuries in the event of a collision with a vehicle. When someone dies in a pedestrian accident, it must be determined if negligence led to the crash. While all pedestrian deaths are tragic for the victim's friends and family, not all are considered a "wrongful death" in the eyes of the law.

Wrongful death is a legal phrase that refers to fatal injuries caused by the negligence or wrongdoing of another. For example, when a speeding or drunk driver strikes a pedestrian, that death is wrongful. There are many forms of driver negligence, and many causes of pedestrian wrongful deaths. Fatal accidents often happen at intersections when drivers fail to yield to pedestrians crossing the road in a crosswalk. Others common reasons for accidents involve drunk drivers, speeding motorists, and drivers who fail to see pedestrians until it is too late because they're distracted or fatigued.

Filing a Wrongful Death Claim

Ideally, the insurance provider of the at-fault driver will offer the victim's family members fair compensation for their tragic loss. But, it's rare for an insurance adjuster to offer a fair settlement. Typically, an adjuster will make a low offer to make the claim go away, or the insurance company will refuse to offer any compensation at all.

In wrongful death claims, or for a survival action, one can seek compensation for damages including medical expenses, lost future income, funeral and burial costs, and loss of love and companionship. Immediate family members such as a spouse, children, and parents can file a wrongful death claim.

Call The Husband & Wife Law Team for Real Help

While some firms demand lawyer fees and other expenses, The Husband & Wife Law Team offers free case evaluations. Additionally, if we believe your case has a good chance of success, we won't charge a dime until we’ve won. That is our "No Fee Promise." This allows you to take the time to rest and recover in peace, while we fight for your compensation.

The experienced wrongful death lawyers at The Husband & Wife Law Team work hard to secure justice and for families that have lost a loved one. We've helped many families through this sensitive situation, and treat each client as we treat members of our own family.

Contact our team today for your free confidential consultation.

Additional Information

• Pedestrian and Bicyclist Safety