Pedestrian Automobile Accident Injury: Wet Weather

Contact Us Today Many states and cities have laws against crossing streets outside of designated crosswalks, while traffic controls instruct pedestrians to wait before crossing, or in situations where they should yield to oncoming traffic. This kind of behavior is colloquially known as “jaywalking.” And though Arizona law does not specifically make use of this term, it does prohibit pedestrians from crossing the street in certain scenarios in which it is deemed unsafe to do so. If you are facing legal trouble involving jaywalking, the Silkman Law Firm is standing by to help. Call us at (606) 560-5178 or reach out to us online to schedule your free, confidential consultation with an experienced member of our team. Read on for a brief introduction to jaywalking regulations in Arizona. Pedestrian Accident Statistics According to the Centers for Disease Control and Prevention (CDC), more than 7,000 pedestrians died in motor vehicle crashes nationwide in one recent year. This translates to approximately one pedestrian death every 75 minutes. The CDC further reports an estimated 104,000 emergency department visits to treat non-fatal pedestrian injuries in that same year. Though not all of these incidents involved jaywalking, pedestrians should nonetheless take care to cross the street when and where it is safe to do so. Jaywalking Laws in Arizona Again, the state code does not specifically use the term “jaywalking.” However, Arizona law does require that pedestrians follow certain rules when crossing the road. The governing statute provides as follows: A pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right-of-way to all vehicles on the roadway. A pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right-of-way to all vehicles on the roadway. Between adjacent intersections at which traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk. Can I File a Pedestrian Accident Claim If I Was Jaywalking? Absolutely. If a pedestrian is injured in an auto accident, they can certainly file a claim seeking compensation from the at-fault party. However, their right to compensation may be impacted depending on how much the pedestrian contributed to the cause of the accident. Many states allow injury victims to sue for compensation only if they were less than 50 percent responsible for the underlying accident. A small minority of states also bar would-be plaintiffs from pursuing compensation if they contributed even slightly. Fortunately, Arizona falls into neither camp. Instead, pedestrians in the state are allowed to pursue compensation even if they are 99 percent responsible for the underlying cause of an accident. However, their total compensation will be reduced proportionately to their degree of fault. For example, let’s say that your injuries in a pedestrian accident are worth $100,000. However, the jury in your case finds that you were 25 percent responsible. In this scenario, your damages would be reduced proportionately to $75,000. If you believe you may be partially at fault for your pedestrian accident, the best way to reduce or eliminate the risk of losing money in your claim is by working with an experienced jaywalking accident attorney. Consult With Our Experienced Pedestrian Accident Lawyers Jaywalking accidents can be particularly devastating because, unlike riders in an enclosed vehicle, pedestrians have nothing to shield them from the full impact of an oncoming vehicle. If you have been injured in this kind of accident, do not wait to consult with an attorney. The Silkman Law Firm is standing by to make sure you know your rights and help you down the path toward full and fair compensation. Call us at (606) 560-5178 or reach out to us online to schedule your free, confidential consultation.

Contact Us Today Parking lots are the sites of many accidents. When only motor vehicles are involved, the results are often minor fender benders. But the results can be devastating when a 3,000-pound car hits an unprotected pedestrian. Even being hit at a low speed can lead to debilitating injuries and significant medical bills. Many of these pedestrian accidents in parking lots are caused by negligent drivers. If you were hit and injured by a motorist while walking through a parking lot, you could seek compensation from them through a personal injury lawsuit. Common Causes of Pedestrian Accidents in Parking Lots There are several common ways that pedestrians may be hit by a car in parking lots, including: Driving while distracted — Texting, talking on the phone, adjusting the radio, eating and drinking, and daydreaming are all examples of driving distractions. If a motorist is distracted, they may not notice a nearby pedestrian before it is too late. Focusing on finding a place to park — Drivers can be so focused on finding a parking spot that they become oblivious to their surroundings — including vulnerable pedestrians. Backing out of a parking spot without looking for pedestrians — Pedestrians often pass directly behind parked vehicles when in parking lots. A motorist who backs out without first ensuring there aren’t any pedestrians in their blind spots could cause a collision. Pedestrian negligence — Occasionally, pedestrians can be partly responsible for parking lot accidents. For instance, a pedestrian may be distracted by their cell phone or not using walkways when available. What to Do If You’ve Been Injured in a Parking Lot Pedestrian Accident Taking as many of these steps as possible can help build your claim for compensation after a parking lot accident: Get the driver’s contact details — Don’t speculate about the accident, apologize, or admit fault. You only need to get the driver’s name, phone number, insurance provider and policy number, driver’s license number, and license plate number. Gather evidence — Take photos and videos of your injuries, the vehicle that hit you, the accident scene, and other relevant evidence. Visual evidence can significantly strengthen your case against the at-fault driver. Get information from eyewitnesses — Talk to any bystanders who witnessed the accident and ask for their contact details. They could provide testimony that supports your case. Report the accident to law enforcement — Unless there are significant injuries involved, often law enforcement will not come to the scene of an accident if it occurred in a private parking lot. This makes the information that you gather yourself all the more important. However, it is still always a good idea to report the crash to police officers. They may still prepare a report or at least make a record of where and when an accident occurred, which could help you obtain a settlement from the at-fault motorist’s insurance company. See a doctor — Seek medical attention right away, even if you don’t think you were severely injured. Some injuries don’t show symptoms immediately. You should never assume that you don’t need medical care. Contact a lawyer — You should speak with a skilled Phoenix pedestrian accident lawyer as soon as possible. Injured in a Parking Lot in Arizona? Talk to Our Experienced Personal Injury Attorneys in Phoenix, AZ Today If you were hit by a car in a parking lot, you have a legal right to pursue compensation from the motorist who hit you. At Silkman Law Firm Injury & Accident Lawyer, our Phoenix pedestrian accident lawyers can help you hold the at-fault driver accountable for your injuries and losses after a collision in a parking lot. Contact us today for a free consultation.

Contact Us Today 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 Injury & Accident Lawyer 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. If you or someone you know has been the victim of a pedestrian accident, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 for a free case evalu