Pedestrian accidents in Phoenix happen more often than most people realize, and the person on foot is almost always the one who ends up seriously hurt. A person walking has no metal frame, no airbags, and no seatbelt to absorb the force of a collision, so even a crash at a relatively low speed can cause broken bones, head injuries, or worse. If you were hit by a vehicle while walking, you may have more options for recovery than you think, and understanding how these claims work can help you protect yourself while you focus on healing. You can learn more about how our firm approaches these cases on our bicycle and pedestrian accidents page.
Drivers are required to watch for people on foot, whether at a marked crosswalk, an unmarked intersection, or a parking lot. Distracted driving, speeding, and failing to yield are common causes of pedestrian crashes, and in many cases the driver is found to be at fault simply because they had a duty to see and avoid the person in front of them. That does not mean fault is automatic, though. Insurance companies will often look for any reason to shift blame onto the pedestrian, arguing about where exactly the person was walking or whether they had the right of way at that moment.
One thing that surprises a lot of people is that being hit outside of a marked crosswalk does not automatically mean the pedestrian was at fault. Drivers still have a general duty to exercise reasonable care and to watch for pedestrians in areas where people commonly cross, especially near businesses, schools, and residential neighborhoods. Fault in these cases often comes down to the specific facts, including sight lines, lighting, vehicle speed, and whether the driver was distracted in any way.
Injuries from pedestrian accidents tend to be more severe than injuries from typical car on car collisions. Common injuries include fractures, traumatic brain injuries, spinal damage, and soft tissue injuries that can take months to fully resolve. Because the human body has no protection against the impact of a vehicle, even a crash that looks minor from the outside can leave someone with injuries that affect their ability to work or care for themselves for an extended period.
If you are hit by a vehicle while walking, there are a few steps that can help protect your health and your ability to pursue compensation later. Getting medical attention right away is the most important step, even if you feel like you can walk away from the scene. Some injuries, especially head injuries and internal injuries, do not show symptoms right away. If you are able to do so safely, taking photos of the scene, getting the driver’s information, and getting contact information from any witnesses can also make a real difference later on.
Compensation in a pedestrian accident claim can include medical expenses, both the bills you have already received and the cost of care you may need going forward, lost income if your injuries kept you from working, and compensation for the pain and disruption the accident caused in your life. In more serious cases involving long term or permanent injuries, future lost earning capacity and ongoing care needs also become part of the conversation. Because pedestrian injuries can be more severe and more expensive to treat than injuries from other kinds of accidents, it is especially important to have a full picture of your medical needs before agreeing to any settlement offer.
Insurance adjusters are trained to resolve claims quickly and for as little as possible. An early offer may be presented as fair, but it is often based only on the bills that have already come in, not on the full extent of what recovery will actually require. Once you accept a settlement, you generally cannot go back and ask for more later, even if your injuries turn out to be worse than they first appeared.
The Law Office of Douglas Loefgren represents pedestrians who have been injured by negligent drivers throughout the Greater Phoenix Metropolitan Area. We understand how overwhelming it can feel to deal with medical bills, missed work, and insurance companies all at the same time, and we work to make sure injured pedestrians are treated fairly from the very first conversation. We handle these cases on contingency, which means you owe nothing unless we recover money for you. If you or someone you love was hit by a vehicle while walking in the Phoenix area, contact us today for a free consultation.