What if a Pedestrian Caused Part of the Accident?

Accidents involving pedestrians and vehicles are often complex, especially when the pedestrian’s actions contribute to the incident. In Arizona, understanding how fault is determined and how it affects compensation is essential for all parties involved.

Arizona’s Comparative Negligence Law

Arizona follows a comparative negligence system, meaning that if a pedestrian is found partially at fault for an accident, their compensation is reduced by their percentage of fault. For instance, if a pedestrian is deemed 25% responsible for an accident, they can only recover 75% of the total damages awarded.

Case Example: Elaine Herzberg Incident

A notable case highlighting pedestrian fault is the 2018 incident involving Elaine Herzberg in Tempe, Arizona. Herzberg was crossing a four-lane road outside of a crosswalk at night when she was struck and killed by an autonomous Uber vehicle. Investigations revealed that Herzberg’s decision to cross mid-block contributed to the accident. This case underscores the importance of pedestrians adhering to traffic laws to ensure their safety and the safety of others.

Legal Implications for Pedestrians

Pedestrians in Arizona are required to follow specific right-of-way laws. For example, they must yield to vehicles when crossing outside of marked crosswalks and are prohibited from suddenly leaving a curb or other place of safety to walk or run into the path of a vehicle that is so close it is impossible for the driver to yield. Violating these laws can not only lead to citations but also impact the outcome of any personal injury claims.

Seeking Legal Assistance

Determining fault in accidents involving pedestrians requires a thorough investigation of the circumstances. If you’ve been involved in such an accident, whether as a pedestrian or driver, it’s crucial to consult with experienced legal professionals who can navigate the complexities of Arizona’s comparative negligence laws.

At Hirsch Talcott Law Firm, we specialize in personal injury cases and have a deep understanding of Arizona’s traffic laws. Our team is dedicated to ensuring that your rights are protected and that you receive the compensation you deserve. Contact us today at 602-903-6000 for a free consultation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix personal injury lawyer to understand your options.