Crosswalk Accident Cases

Crosswalk accidents can be devastating, resulting in severe injuries or even fatalities. When a pedestrian is struck by a vehicle, the consequences can be life-altering for both the victim and their loved ones. Always know your rights if you were hit in a crosswalk. The best way to do so is by consulting a Peoria, AZ, pedestrian accident attorney as soon as possible. 

Crosswalk Accident Claims

Pedestrian accidents are far too common, as you can see:

• According to the CDC, pedestrian deaths account for around 20% of all traffic fatalities in the United States. This means that on average, one pedestrian is killed every 1.5 hours in traffic crashes. These numbers emphasize the importance of prioritizing pedestrian safety.
• In the state of Arizona, the rate of pedestrian fatalities has skyrocketed. Reports indicate that Arizona saw a significant increase in pedestrian deaths, with a 60% rise from 2019. 

In Peoria, pedestrians have the right to cross the street safely at marked or unmarked crosswalks. If a driver fails to yield to a pedestrian, or engages in reckless driving behavior that leads to an accident, they can be held liable for the resulting injuries. 

What Is an Unmarked Crosswalk?

An unmarked crosswalk does not have any visible paint or signage, but it still holds the same legal importance as a marked crosswalk. In Peoria, drivers are required to yield to pedestrians at unmarked crosswalks, even if there are no clear indications. Unmarked crosswalks are typically at intersections or junctions between two roads.

If you were hit by a vehicle while crossing at an unmarked crosswalk, you can file a personal injury claim. Your Peoria pedestrian accident attorney can examine the specifics of your case and determine the best legal strategy to pursue.

What Happens If You Hit a Pedestrian in Peoria, AZ?

Immediately after the accident, ensure the safety of all parties involved. Call emergency services right away and provide assistance to the injured pedestrian, if possible. Cooperate fully with the authorities and provide them with an accurate account of the incident.

Contact your insurance company to report the accident. However, it is crucial to be cautious when speaking to insurance adjusters. They may try to minimize your liability or downplay the severity of the accident. Consult with a Peoria pedestrian accident attorney before providing any official statements or accepting any settlements.

What Are the Most Common Pedestrian Injuries?

Pedestrians involved in crosswalk accidents often sustain severe injuries due to the lack of protection (air bags, seatbelts, crumple zones). Here are some common pedestrian injuries that can occur in these accidents:

• Broken Bones: Pedestrians may suffer fractures, particularly in their limbs, ribs, or skull.
• Soft Tissue Injuries: Contusions, lacerations, and deep bruising are common soft tissue injuries for pedestrians involved in crosswalk accidents.
• Emotional Trauma: Pedestrians may experience significant emotional distress following a crosswalk accident, leading to anxiety, depression, and post-traumatic stress disorder (PTSD).
• Spinal Cord Injuries: These injuries can result in partial or complete paralysis, significantly impacting the victim’s quality of life.
• Head and Brain Injuries: Traumatic brain injuries (TBIs) can occur if the pedestrian’s head strikes the ground or a vehicle. These injuries can have long-lasting effects on cognitive abilities and motor skills.
• Internal Injuries: The impact of a vehicle can cause internal organ damage, leading to life-threatening conditions.

Where Do Pedestrians Suffer Most Accidents?

Pedestrian accidents can occur anywhere, but certain areas are more prone to these incidents, such as:

• Intersections: Crosswalk accidents often occur at intersections due to the increased interaction between pedestrians and vehicles.
• Residential Areas: Although residential areas may seem safer, they can be the site of accidents due to drivers speeding or not paying attention to the road.
• School Zones: With children present, school zones require extra caution from both drivers and pedestrians.
• Urban Areas: City centers and busy streets pose higher risks for pedestrians due to heavy traffic and crowded sidewalks.

It is crucial to exercise caution and be aware of your surroundings when crossing the street, regardless of the location. 

What Is the Main Factor in Accidents Involving Pedestrians?

The main contributing factor in accidents involving pedestrians is driver negligence. Some common instances of driver negligence include:

• Distracted Driving: Drivers who are texting, talking on the phone, or engaging in other distractions are more likely to overlook pedestrians.
• Impaired Driving: Drivers operating a vehicle under the influence of alcohol or drugs pose a massive risk to pedestrians and other road users.
• Reckless Driving: Aggressive or careless driving behaviors, such as running red lights or disobeying traffic signals, can lead to accidents involving pedestrians.
• Speeding: Drivers who exceed the speed limit have reduced reaction time, making it harder to stop and avoid collisions with pedestrians.
• Failure to Yield: Drivers who fail to yield to pedestrians at crosswalks or intersections are a significant cause of accidents.

Does Arizona Have Contributory Negligence?

Contributory negligence refers to a legal doctrine that can affect the outcome of a personal injury claim if it is determined that the injured party also bears some responsibility for the accident, such as if you were out for a jog and sprinted across the crosswalk right in front of the car that hit you.

Unlike some states that follow a pure contributory negligence system, Arizona follows a comparative negligence system. This means that even if the injured party is found to be partially at fault, they may still be able to recover compensation for their injuries, although the amount awarded may be reduced by their percentage of fault.

In Arizona, the comparative negligence rule applied is known as “pure comparative fault.” This means that even if the injured party is found to be 99% at fault for an accident, they can still pursue compensation for the remaining 1% of fault assigned to the defendant. This is in contrast to states that follow a modified comparative fault rule, where the injured party is barred from recovery if they are found to be more than 50% or 51% at fault.

Crosswalk Accident FAQs

Q: What If I Was Jaywalking or Crossing Against the Stop Light?

A: Determining liability involves a careful examination of various factors such as the actions of both parties, the visibility conditions, and any other contributing factors. Even if you were crossing illegally, you might still be entitled to compensation for your injuries if the driver was also negligent or acted recklessly.

Q: What If the Insurance Company Denies my Crosswalk Accident Claim? 

A: If the insurance company denies your crosswalk accident claim, it does not mean you have reached a dead end. Consulting with an attorney is crucial at this stage. An attorney can review the denial reasons, gather additional evidence, and represent you in negotiations or legal proceedings if necessary to fight for a fair resolution.

Q: How Long Do I Have to File a Claim After a Crosswalk Accident? 

A: In Arizona, the statute of limitations for personal injury claims, including crosswalk accidents, is generally two years from the date of the accident. 

Q: Can I Still Pursue a Crosswalk Accident Claim If the Driver Fled the Scene? 

A: If the driver fled the scene of the crosswalk accident, it can complicate the claims process. However, it is still possible to pursue a claim. 

Q: What Evidence Is Crucial in a Crosswalk Accident Case? 

A: Photographs or videos from the accident scene, witness statements, police reports, medical records, and any other relevant documentation (weather report, expert witnesses) can help support your claim. 

Need a Peoria Pedestrian Accident Lawyer? Contact Us Today

If you or a loved one has been involved in a crosswalk accident in Peoria, AZ, the Law Offices of John Phebus is here to help. Our experienced attorneys know personal injury law and have a proven track record of successfully representing clients in pedestrian accident cases. To book a free consultation today, contact us now.