Mesa Pedestrian Accident Lawyer

Pedestrians who are struck by cars often suffer devastating injuries and might be killed. Motorists are required to exercise reasonable care when they are driving to try to avoid causing pedestrian accidents. When someone is injured or killed in a pedestrian accident, the victim or their surviving family members are entitled to pursue compensation by filing an injury or wrongful death lawsuit. While many of the same laws and rules that apply to other types of injury claims also apply to collisions involving pedestrians, some laws are specific to pedestrian accident claims. Finding an experienced and competent Mesa pedestrian accident attorney can help to ensure your lawyer will understand the laws that apply and how to pursue compensation on your behalf.

The Mesa pedestrian accident lawyers at Lamber Goodnow have extensive experience fighting for justice for negligence victims in Mesa, Phoenix, throughout the Valley and Arizona, and across the Southwest. If you have been seriously injured in a collision with a car while walking, you should consult one of our knowledgeable attorneys about your right to recover compensation.

We handle all types of pedestrian accidents, including the following:

• Distracted driving pedestrian accidents
• Parking lot pedestrian accidents
• Drunk driving pedestrian accidents
• Crosswalk pedestrian accidents
• Running red lights or stop signs resulting in pedestrian accidents
• Failure to yield pedestrian accidents

We offer customized case preparation for each of our clients and are prepared to answer any questions you might have throughout your case. We handle all aspects of our clients’ cases and have achieved highly successful outcomes because of a combination of our experience, innovative legal approach, knowledge, and dedication.

Pedestrian Laws in Arizona

Under A.R.S. § 28-792, all motorists must yield the right-of-way to pedestrians crossing the streets in crosswalks or at unmarked intersections when the pedestrians are either on the same side of the road as the vehicles or the opposite half but are close enough to the cars that the pedestrians would otherwise be in danger. If a vehicle is stopped at a crosswalk or at an unmarked intersection to let a pedestrian cross, other motorists must also stop and can’t pass the stopped vehicle.

If a collision occurs, the same laws that cover any type of motor vehicle collision are in effect, including the duty to remain at the scene, summon help, exchange information, and others.

A key factor in pedestrian accident claims is the availability of insurance coverage. Under A.R.S. § 28-4009, all motorists in Arizona are required to carry auto insurance with at least the following minimum liability coverages:

• $25,000 bodily injury/death coverage for one person
• $50,000 bodily injury/death for two or more people per accident
• $15,000 property damage coverage

When a motorist only carries the required minimum liability insurance coverage, it might not be enough to cover all of the losses suffered by a pedestrian in a collision. In that type of situation, you could file a civil lawsuit against the at-fault driver to try to collect what you deserve from the at-fault party’s insurance carrier, the at-fault party’s assets, and any other potential recovery sources.

Pedestrian Accident Statistics

The National Highway Traffic Safety Administration (NHTSA) reports that 6,516 pedestrians were killed in 2020 and an estimated 55,000 were injured in pedestrian collisions across the U.S. Estimates for 2021 from the Governors Highway Safety Association (GHSA) are that 7,485 pedestrians were killed, representing an increase of more than 11.5% from 2020. The GHSA also reports that 235 Arizonans were killed in pedestrian accidents in 2021. Pedestrian accidents are serious. If you have suffered injuries in a pedestrian accident, you should get the help of an experienced Mesa pedestrian accident lawyer.

Statute of Limitations

Arizona has statutes of limitations for different types of legal claims, including a statute of limitations for personal injury and wrongful death cases. Under A.R.S. § 12-542, the statute of limitations for a pedestrian accident claim involving injuries is two years from the date of the accident. For a wrongful death claim, the statute of limitations is two years from the date of the victim’s death. This means that you must file a lawsuit no later than two years after your accident or after your loved one’s death. If you fail to meet the deadline, you will be barred from pursuing compensation through a lawsuit.

Negligence in Pedestrian Accident Claims

Pedestrian accident claims typically involve negligence causes of action. To win your claim, you will need to prove the following elements of negligence:

• The defendant owed a legal duty to exercise reasonable care and caution while driving to you.
• The defendant breached the legal duty.
• The defendant’s breach of the duty of care caused your accident and injuries.
• You suffered calculable damages as a result.

As the plaintiff, you will have the burden of proof for each of these elements by a preponderance of the evidence. If you fail to present enough evidence to prove one of the elements, the defendant will not be liable. A Mesa pedestrian accident attorney at Lamber Goodnow will carefully investigate your case and gather evidence to support each of the elements of negligence to help you succeed in your case.

Under A.R.S. § 12-2505, Arizona has adopted a pure comparative fault system. This means that each party involved in an accident is responsible for their degree of negligence. For example, if you were injured in a pedestrian accident and were 20% at fault, you would be responsible for covering 20% of your losses while the defendant would have to pay the remaining 80%. How this works is that while you won’t be barred from recovering compensation in a pedestrian accident claim that was partially your fault, your damages award will be reduced by the percentage of fault you are deemed to have contributed. In the above example, if you were awarded $100,000 in total damages in a jury verdict but were found to be 20% at fault, your net award would be reduced to $80,000.

Healthcare Liens and Pedestrian Accident Claims

One issue that arises in many pedestrian accident claims is the placement of healthcare provider liens against a settlement that you might receive from a lawsuit. Many healthcare providers file these types of liens even if the victims have health insurance that covers all of their treatment costs. Some healthcare providers file balance liens.

While healthcare providers are allowed to file these liens under A.R.S. §§ 33-931 to 33-936, there are several restrictions on them. Healthcare providers can’t file liens against any other assets beyond a potential settlement or verdict award. The victim must also have an outstanding debt owed to the provider for treatment provided that was related to the accident. If all of the treatment was covered by the victim’s health insurance, the healthcare provider’s lien must be released. The lien also can’t be filed against any of your other assets, and it only has to be paid if you win a settlement or verdict. If you don’t prevail in your case, you won’t have to pay off the lien. The lien also can only be for the provider’s customary charges and can’t be for more than the provider would normally charge for the same types of services.

Healthcare liens can sometimes be negotiated or waived. A pedestrian accident attorney Mesa at Lamber Goodnow can review the lien and determine whether it can be challenged. Some of the arguments that might be raised against a healthcare lien include the following:

• Failure to timely file the lien
• Failure to file the lien in the county in which the provider is located
• Failure to include a statement about whether the patient will continue receiving treatment or if the treatment has ended
• Claiming an amount larger than what is allowed
• Error in the amount claimed
• Including charges for services that were not medically necessary
• Claiming charges for services unrelated to the accident

Many health insurance companies also include clauses requiring their insureds to reimburse them for accident-related medical treatment from any personal injury awards. However, Arizona is an anti-subrogation state, which means that health insurance companies are generally not allowed to subrogate personal injury settlements. However, Arizona’s state law might be superseded by federal law in some cases. For example, self-funded ERISA plans through an employer might be able to subrogate your settlement. If you receive a bill for reimbursement from your health insurer, you should speak to one of our attorneys before you mail the payment.