It’s nearly always a tragedy when a vehicle and a pedestrian meet unexpectedly in the form of a collision. Whether behind the wheel or on their own two feet, people tend to get distracted easily and miss what’s coming up right in front of them. Liability depends on where the accident occurs: in a crosswalk, it’s evident, but elsewhere, there could be some question as to who’s at fault.

Determining Fault in a Pedestrian Accident

Pedestrians nearly always have the right of way, but the standard case law is that the driver is negligent in a pedestrian accident. But there can certainly be other factors to consider. At what speed was the vehicle going? Did the driver have ample time to yield? How quickly did the pedestrian move into the street? Was the pedestrian jaywalking?

When assessing the scene following a pedestrian accident, investigators review lighting conditions, amount of traffic, road conditions, estimated vehicle speed, any impairment of the driver, and obstacles that may have blocked the driver’s view of the pedestrian.

In 2016, the Arizona Department of Transportation reported 1,637 pedestrian crashes, resulting in the death of 197 pedestrians.

If you or a loved one has been injured or killed as a result of a pedestrian accident, it is imperative to work with an experienced personal injury attorney. Don’t leave your fate to the insurance companies. Contact me at 602-395-0045.

I review each case individually, and I advocate for you in negotiations and, if necessary, in court. Contact me now at 602-395-0045.