Can I Sue After a Pedestrian Accident?

Pedestrian accidents can have devastating consequences, leaving victims with serious injuries and significant financial burdens. If you’ve been involved in such an incident in Arizona, it’s crucial to understand your legal rights and the steps you can take to seek compensation.

Understanding Your Rights as a Pedestrian

Under Arizona law, pedestrians have the right to pursue compensation if they are injured due to a driver’s negligence. This includes situations where drivers fail to yield at crosswalks, are distracted, or violate traffic laws. Compensation can cover medical expenses, lost income, and pain and suffering.

Recent Case Highlight: The Death of Elaine Herzberg

In March 2018, Elaine Herzberg was tragically killed in Tempe, Arizona, when she was struck by a self-driving Uber vehicle while crossing the street. This case marked the first recorded pedestrian fatality involving an autonomous vehicle and highlighted the complexities of liability in pedestrian accidents. The incident underscored the importance of understanding legal rights and the potential for seeking compensation in such cases.

Arizona’s Comparative Negligence Law

Arizona operates under a comparative negligence system, meaning that even if a pedestrian is partially at fault for an accident, they can still recover damages. However, the compensation may be reduced by the percentage of fault assigned to them. For example, if a pedestrian is found to be 20% at fault, their compensation would be reduced by 20%.

Statute of Limitations

It’s important to act promptly after a pedestrian accident. In Arizona, the statute of limitations for personal injury claims is generally two years from the date of the accident. Failing to file within this timeframe can result in losing the right to seek compensation.

Steps to Take After a Pedestrian Accident

1. **Seek Medical Attention:** Your health is the top priority. Even if injuries seem minor, it’s essential to get evaluated by a medical professional.

2. **Document the Scene:** If possible, take photos of the accident scene, your injuries, and any relevant road conditions or signage.

3. **Gather Witness Information:** Collect contact details from any witnesses who saw the accident occur.

4. **Report the Accident:** Notify law enforcement and ensure an official report is filed.

5. **Consult an Attorney:** Before speaking with insurance companies, consult with a personal injury attorney to understand your rights and the best course of action.

Why Legal Representation Matters

Navigating the aftermath of a pedestrian accident can be overwhelming. An experienced attorney can help gather evidence, negotiate with insurance companies, and, if necessary, represent you in court to ensure you receive fair compensation.

At Hirsch Talcott Law Firm, we specialize in personal injury cases, including pedestrian accidents. Our team is dedicated to advocating for victims’ rights and ensuring they receive the compensation they deserve.

If you or a loved one has been involved in a pedestrian accident, don’t hesitate to reach out. Contact Hirsch Talcott at 602-903-6000 for a free consultation. We’re here to help you navigate this challenging time and work towards a favorable outcome.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix pedestrian accident lawyer or browse our car accident lawyer practice to understand your options.