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In recent years, Arizona has consistently ranked as one of the most dangerous states for pedestrians. In 2022 alone, there were over 307 pedestrian fatalities throughout the state.
If you experience a pedestrian accident in Phoenix or a surrounding area, then it’s important that you take specific steps to protect your legal rights. In most cases, you’ll have the right to pursue a legal claim for financial compensation, which can help you cover your losses and move forward after your accident.
Obtaining your rightful compensation might be complicated, though, so it might be your best move to speak with a pedestrian injury attorney in Arizona about what to do next after your crash. A good lawyer will explain your rights and options based on the specific facts surrounding the accident.
While speaking directly with an attorney will produce the best legal counsel, we’ll provide a general overview of Phoenix pedestrian accidents, what to do if you get involved in one, and the types of compensation you might be able to recover below.
What to Do After a Pedestrian Accident in Phoenix
Under Arizona law, pedestrians have the right to navigate public roads where it is safe to do so, including on marked crosswalks, on the shoulder, and on the left side of the road when no other route is available. Pedestrians must follow certain traffic rules, but as long as they do, Arizona law provides specific pedestrian rights to those who travel on foot. When traffic collisions occur, motorists or bicyclists who cause the accident will be held responsible for any damage that results from the incident.
If you’re a pedestrian who was recently hurt in a crash, then you might be eligible to pursue compensation for your losses. To leverage your rights, you’ll need to take specific steps first.
Immediate Steps to Take After an Accident
The immediate steps you take after the incident will depend on the severity of your accident injuries. If your injuries are substantial, then you need to call 911 ASAP. If you’re not able to do so, then call out for help and get someone to call for you. Get the medical care you need right away and let the authorities handle everything else until you’re safe.
If your injuries aren’t life-threatening, then you can take additional steps at the scene of the accident to preserve your legal rights and protect your physical health. Below, we’ll go over what to do step-by-step.
Gathering Evidence and Documenting the Incident
First, you can start gathering evidence at the scene. If anyone nearby witnessed the accident, ask them for their contact details and see if they will provide a statement to the police. Take photographs of the area where the incident occurred, and consider taking photographs of the vehicle that hit you, too.
This evidence will help with any future negligence litigation because it will help you prove what happened and who caused the collision.
Reporting the Accident to Authorities and Insurance
Next, call the authorities. Involving the police is important for many reasons. For one, the police will help connect you with the medical resources you need to get treatment for your injuries. For another, the authorities will secure the accident scene and clear the roadway. They’ll begin an initial investigation into what caused the accident, which will be crucial evidence if you later decide to file a claim. The police will also file an official accident report that will clearly demonstrate who was involved in the accident when it happened, and any initial findings the police find.
At some point, you will also need to report the accident to your insurance provider, but you need to be cautious about what you say over the phone. Never provide more details than are necessary during the initial call. Simply inform your insurance agent that an accident has occurred, you’re getting treated, and you will let them know the outcome of the accident as soon as you know more. Anything you say during a recorded conversation with an insurance agent can be used to minimize any future claim, so keep your answers direct and short. It might even be your best bet to contact an attorney first and get their advice on how you should navigate a call with your insurer.
How Much Does a Pedestrian Accident Lawyer Cost in Phoenix?
Here at Kermani LLP, our team of Phoenix pedestrian accident lawyers will not charge you anything for our legal services and representation until after you win your case. This type of payment structure is called a contingency fee basis, and it’s a common arrangement for personal injury claims. The reason for this is that you’re already financially struggling, so we don’t want to increase the financial burden on you by asking you to pay more for our services.
If you opt to hire an attorney from Kermani LLP, then we’ll work together to come up with a reasonable percentage that you’ll pay our firm when you win your case. Once you get your settlement check, we will receive that percentage from you. If you don’t win your case, then we won’t ask you to pay us.
How Our Attorneys Can Help You Recover Compensation
Filing compensation claims for pedestrian accidents in Arizona can be more complicated than you’d think. Without the right legal representation, you run the risk of accepting a settlement that doesn’t actually cover the extent of your losses. Even worse, you could lose your claim altogether and forfeit the right to collect the compensation you need.
Here at Kermani LLP, our team of compassionate attorneys will help you resolve your situation. First, we’ll compile the strongest possible case and identify losses you might not have considered. From there, we’ll begin negotiating with the other party and work towards getting you the maximum level of compensation allotted to you under the law. We will advocate for you every step of the way while you focus on what’s most important – healing from your injuries and focusing on your recovery.
Compiling a Solid Case with Documentation and Evidence
Here at Kermani LLP, our team knows that the best possible method for obtaining the maximum level of compensation in a personal injury case is to first compile the strongest possible case. Your claim needs to clearly demonstrate that a legal duty of care existed, the other party breached it, and the other party’s actions caused your accident. Further, your claim needs to outline exactly what you’ve lost and how much your losses are costing you overall.
Our team will strengthen your case by securing evidence to support every claim we make. The more proof and solid evidence we have, the less likely the other party is to refute your claims or attempt to minimize your losses. Having a strong case will also help increase the likelihood that the other party will settle quickly and without much debate.
Identifying Losses You Might Not Have Considered
As you’re considering your losses and compiling your claim, certain losses will be apparent, like your medical expenses or lost wages from missing time off of work. These losses should be included in any insurance settlement or legal claim you file against the other party.
Our team here at Kermani LLP will dive much deeper than that. Since we’ve handled hundreds of claims in the past, we’re skilled at identifying certain losses you might not have considered or might not know that you can seek compensation for. For instance, if your pedestrian accident resulted in a newfound fear of walking near the road, then you could file for compensation for the mental distress you experience now.
Other serious factors could also play a role in your case, and we can help you identify your options based on existing personal injury, civil, and environmental law in Arizona. For instance, if your pedestrian accident also led to toxic exposure due to contact with chemicals from the vehicles, then you could need significant compensation to deal with the long-term effects of the exposure.
Take Advantage of Our Negotiation Skills
Another way a pedestrian accident lawyer from our firm can help you succeed in your claim is by harnessing our best negotiation skills to secure a bigger settlement for you. Once you present your claim to the responsible party, they’ll have a chance to review everything. It’s not very common for the other party to simply accept your claims and pay you what you’re asking for. Instead, they’re likely to analyze everything carefully, request more details or documentation, attempt to minimize certain aspects of your case and negotiate your settlement award to a lower overall amount.
We won’t let the other party talk you down or minimize your losses. We’ll aggressively present your case in the strongest possible manner and leave the other party with few options for paying you less than what you deserve.
Maximizing Your Settlement Award
Maximizing your settlement award starts with building up the strongest possible claim, but it doesn’t stop there. You’ll also need those strong negotiation skills and a firm understanding of the law to stand strong while the other party attempts to downplay your accident and injuries. Our team here at Kermani LLP is confident that we can help you maximize your overall settlement award by taking advantage of our team’s experience, vast understanding of the law, and skill. You can check out our firm’s previous case results to get a better idea of what we’ve done for clients in the past.
How We Handle Your Pedestrian Accident Case
Our top-quality legal advocates will handle your pedestrian accident case with care and compassion. We understand how vital it is to get the compensation you need in order to recover from what happened and start moving forward. We won’t unnecessarily prolong your case or keep you waiting for answers. We’ll work towards including you in every step of the process, keeping you informed, and making a strong effort to facilitate your overall recovery.
Are You Ready to Get in Touch with a Pedestrian Injury Attorney in Arizona?
Pedestrian accident injuries are often severe and sometimes require a long-term, lengthy recovery period. While you need to focus on getting better, you also need to leverage your legal rights in a timely manner. It’s important to get in touch with Phoenix pedestrian accident attorneys who can quickly help and begin securing time-sensitive evidence, investigating what happened, documenting your losses, and compiling a rock-solid case.
Here at Kermani LLP, our team of Phoenix pedestrian attorneys is ready to get started on your claim. Schedule a free case review by reaching out to our office now.
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Frequently Asked Questions
What are the most common causes of pedestrian accidents in Phoenix?
The most common causes of pedestrian accidents in Phoenix include speeding, driving while distracting, pedestrians walking into the road in front of traffic, impaired drivers, disobeying traffic signals, and a general failure to yield.
How do I prove that the driver was at fault in a pedestrian accident?
You can prove the other driver was at fault in your pedestrian accident by securing evidence in the form of eyewitness testimony, video footage of the incident, investigative reports from police, or an in-depth analysis from an accident reconstruction specialist. In general, a pedestrian won’t be considered at fault for a traffic accident unless they improperly crossed the road or jumped into traffic unexpectedly.
How long do I have to file a pedestrian accident claim in Arizona?
The statute of limitations laws in Arizona gives an injured pedestrian up to two years from the date of their accident to file a legal claim for compensation. It’s important to talk to an attorney about your specific circumstances, though, because the law might shorten or extend this time frame based on specific facts. For instance, if the defendant is a public employee, then you might only have one year to file a claim.
Can I file a claim if I was partially at fault for the pedestrian accident?
Yes, Arizona follows a pure comparative negligence standard, which means that an injured party can still seek out a claim even when they are partially at fault for an accident. If you opt to do this, then your overall compensation award will be reduced based on the perceived percentage of fault you contributed to the accident. For instance, if courts believe you were 25% at fault for the accident, then you’ll be liable for 25% of the overall damages. The other party will still owe you 75% of your losses.
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