Pedestrian accidents have been a critical and tragic concern that many urban planners, policymakers, and public health officials have shared over the years. These incidents occur when someone on foot is struck by a vehicle. Injuries sustained from these events range in severity from minor cuts and bruises to permanent paralysis or death. If you have been injured in a pedestrian accident, you need a Gilbert pedestrian accident attorney to help with the subsequent legal process.

At Luis P. Guerra, L.L.C., we have spent years advancing claims for those who have suffered personal injuries from pedestrian accidents. Our personal injury lawyers thoroughly understand the implications of a pedestrian injury and how its impact can be leveraged to maximize a final compensation award. If you have been injured and are searching for financial relief, give us a call as soon as you can.

Pedestrian accident claims differ from those involving other types of accidents due to the parties involved and the extent of the damage. In vehicle accidents, all drivers usually have some form of insurance protection to help curb unexpected costs. In pedestrian accidents, pedestrians are completely vulnerable to severe injuries from being struck by a car, and they’re unable to tap into their auto insurance companies to deal with expensive medical bills.

There are also more complicated dynamics involved in determining fault in a pedestrian accident versus a car accident. Unless there is clear evidence of jaywalking or neglecting traffic signals, the vehicle driver is presumed to be responsible in many pedestrian accidents. In standard vehicle accidents, there is often a much more difficult process of collecting evidence to piece together who was most likely to have caused the accident.

Unfortunately, pedestrian accidents are often caused by a combination of factors involving both drivers and pedestrians themselves. In any case, it will be important to evaluate the chain of events that occurred to try to pinpoint the fault. Some of the most common reasons why these accidents happen in Gilbert include:

• Distracted Driving
  Cases of distracted driving have been on the rise for many years, especially with the continued adoption of modern-day technology that poses a significant temptation to take your eyes off the road for a moment’s notice. Some common distractions include answering a phone call, texting, adjusting one’s music, or even trying to eat a meal. While it may seem like you have the flexibility to take your eyes off the road for a second, this will not always prove to be true.For example, urban areas are known for their abundance of pedestrians. At any moment, one could cross the street, whether they are following crossing signs or neglecting them. Even taking one second to look at your phone could prevent you from missing a new pedestrian trying to cross the road. This can lead you to swerve at the last minute and accidentally strike a pedestrian.
• Speeding
  Posted speed limits can be found on almost any road in Gilbert. When a vehicle speeds above this limit, it impacts the driver’s ability to react to unexpected changes, like a pedestrian stepping onto the road. In this example, the driver may be unable to slow down quickly enough to avoid hitting the individual trying to cross the street. The faster you drive, the more stopping distance you will need.Common areas where people neglect “temporary speed restrictions” are residential neighborhoods and school zones. These types of locations often post their own specific speed limits during certain hours when there is an above-average number of pedestrians. Because the force of a collision is much more impactful at high speeds, these areas demand even slower driving to prevent instances of severe injuries and pedestrian deaths.
• Failure to Yield the Right of Way
  There are certain pedestrian laws set in place in Arizona designed to protect this vulnerable population from the risks of being injured while walking. At times, drivers may misunderstand the rules they should be following or neglect them completely. This is especially true at crosswalks and intersections where pedestrians are granted the right of way. This means that drivers must yield to pedestrians and let them safely cross the street before moving on. Sometimes, a driver might be in a hurry, distracted, or simply unaware that they are required to stop for pedestrians. These situations could lead an individual to not check for pedestrians and unintentionally cause an injury. This problem becomes even more severe in locations where there are poorly marked crosswalks or where pedestrian traffic is extremely high.
• Alcohol and Substance Use
  Using drugs and alcohol while driving is not only against Arizona law, but it also can significantly impair an individual’s judgment and motor coordination. This makes it more difficult for a driver to respond quickly to a hazard on the road, like a pedestrian crossing the street. It also could lead them to drive off the road and onto a sidewalk, where pedestrians typically walk in a more carefree manner than when crossing a busy road. Impaired drivers are also more likely to violate traffic laws, like running through stop signs or driving over the speed limit. This not only puts the driver more at risk for crashing their vehicle but also increases the chances of them causing a pedestrian injury in the process.
• Poor Visibility
  Certain weather conditions like fog, rain, or even darkness can significantly reduce both a driver’s and a pedestrian’s visibility. This could lead to scenarios in which a pedestrian assumes a driver sees them and doesn’t move out of the way but is hit as a result. In these scenarios, fault may not be as clear-cut and will require further investigation. In addition to not being able to see pedestrians, certain conditions could prevent a driver from seeing a traffic sign they ordinarily would see. For example, a large cast of fog may overshadow a stop sign or a crosswalk. This could prevent a driver from being able to recognize the sign and make the right decision when approaching an intersection. If none of these potential causes describe how your accident happened, there’s no cause for alarm. Regardless of what factors played a role in your pedestrian accident, a personal injury lawyer is able to evaluate every aspect of the case to determine if advancing an injury claim is wise.

If your damages are proven to be true and caused by another party’s negligence in the Gilbert area, you can receive compensation for many different types of expenses caused by a pedestrian accident. Having a car accident attorney on your team can help to maximize what you are awarded.

Some of the most common areas that qualify for compensation include:

• Medical Expenses
  All immediate and future expenses incurred due to your pedestrian accident injuries can be reimbursed through a compensation package. This can include trips to the emergency room, overnights at the hospital, surgeries, medication, and even rehabilitation therapy sessions. If you need long-term treatment to deal with a lifelong debilitating condition, this can still qualify for reimbursement through a compensation award.
• Lost Wages
  Oftentimes, an accident forces individuals to miss some time away from work to receive treatment for their injuries and heal. This can be extremely disruptive for the victim in their recovery period, especially if they are someone who lives from paycheck to paycheck. If you are forced to miss work due to your injuries, you are also able to seek compensation for all the money you should have made during a specific period of missed work.
• Pain and Suffering
  This category of compensation acknowledges the non-economic suffering that can result from pedestrian accidents. While determining what legitimate pain and suffering are can be subjective, the court will still place a significant amount of weight on any testimonies from a mental health counselor who can confirm that emotional damage is present. Examples of these conditions can include anxiety, depression, PTSD, and a loss of enjoyment in life.
• Loss of Consortium
  When “loss of consortium” is included in a compensation package for a personal injury or wrongful death claim, it provides economic relief for the impact the accident had on your relationship with a close family member who passed away or was harmed due to another’s negligence. Oftentimes, such claims are filed in response to the death or injury of one’s spouse, parent, or child. Loss of consortium recognizes that the loss of companionship and affection can be so strong that it impacts your ability to enjoy life as you used to.This can also provide reimbursement for certain financial burdens that come with caring for an injured family member. For example, if one spouse is injured in a pedestrian accident and requires around-the-clock medical care, the other spouse may need to be reimbursed for the time they needed off from work to care for the injured spouse.
• Property Damage
  While many people understand that an innocent individual would be reimbursed for damage to their vehicle in a car accident, many are not aware the same can apply to personal items in a pedestrian accident. This could include money to repair or replace items like a smartphone, clothing, jewelry, or any other items of value that may have been in a pedestrian’s possession at the scene of the accident.
• Wrongful Death
  The most tragic of pedestrian accidents end in fatality. When this happens, the family members of the deceased could collect compensation through a wrongful death claim. This can be used to help pay for funeral and burial expenses, among other long-term financial needs, like loss of income or shared benefits. To ensure money is not left on the table, a lawyer can help calculate what you are owed after exploring every possible angle for reimbursement potential.

Q: How Could a Pedestrian’s Behavior Influence the Risk of Accidents?

A: Specific pedestrian behaviors, like ignoring a crosswalk or being distracted while crossing the street, can all play a significant role in their risk of facing an accident. This is especially true if they walk in areas that are not designated for foot traffic, like the side of a highway. Simple behaviors like making eye contact with drivers and obeying traffic laws can often prevent these accidents from happening.

Q: How Does the Time of Day Affect Pedestrian Accident Rates?

A: Pedestrian accidents are more likely to happen at dusk or into the night when visibility is significantly reduced. During the day, certain events like rush hour are also high-risk due to the increase in vehicles on the road and potential pedestrian traffic walking home from school or work. Late-night hours on the weekends could also be disproportionately dangerous, as there is a higher chance of more impaired drivers on the road.

Q: What Should I Do Right After Being Hit by a Car as a Pedestrian?

A: Right after you have been struck by a car as a pedestrian, you’ll want to call the police and seek medical attention. Even if the injuries seem minor, it’s recommended to be checked out and generate a medical report to be prepared for a possible claim. You’ll also want to collect any contact information you can from both eyewitnesses and the individual in the other vehicle. Then, connect with a pedestrian lawyer to begin the process of filing a claim for compensation.

Q: How Is Fault Determined in Pedestrian Accidents?

A: To determine fault in a pedestrian accident, evidence like witness testimonies, surveillance footage, and police reports will be analyzed by both the defense and prosecution. If there are any factors like jaywalking, ignoring traffic signs, or distracted driving, these could be raised by either party to help advance their client’s interests. A final decision will be made based on who was able to demonstrate the most convincing story of what happened, backed by evidence.

If you have been involved in a pedestrian accident and need legal assistance, contact Luis P. Guerra, L.L.C., today. Our experienced team of personal injury attorneys has been serving the local community for many years to ensure our clients receive the compensation they deserve. Don’t let an accident caused by someone else’s negligence go unnoticed. Reach out today for an initial free consultation.