Pedestrian accidents that occur in and around the Phoenix area often result in major injuries for those involved. In these circumstances, it is crucial to act fast in order to recover compensation. At MDK Law Group, we are here to help if you need a Phoenix pedestrian accident attorney by your side. Our goal is to use our resources, fully investigate your claim, and negotiate with other parties to recover the compensation needed to get you through this.
Why Turn to MDK Law Group for Your Pedestrian Accident Claim?
- At MDK Law Group, we pride ourselves in fighting for Arizona residents who have been harmed due to the negligent actions of other individuals.
- Our team has extensive experience handling complex pedestrian accident claims throughout the state, and we know what it takes to recover the compensation these victims need.
- We believe in putting the clients first all the time. We will come to you if your injuries prevent you from coming to us, and you will always have access to your attorney for questions or concerns as your case moves forward.
How Will a Phoenix Pedestrian Accident Attorney Help Your Case?
Pedestrian accident claims in Phoenix become complicated quickly, and a lawyer will play various roles as your case proceeds forward. Some of the main responsibilities of a pedestrian accident attorney in Phoenix include the following:
- Uncovering any evidence needed to prove liability, including photographs, video surveillance, driver records, police reports, eyewitness statements, and more.
- Handling any communication with other parties involved, including negotiations with insurance carriers or legal teams for the at-fault party.
- Liaising with medical and economic experts to adequately assess the client and help formulate a request for damages.
- Fully prepare the pedestrian accident claim for trial if the insurance carrier or at-fault party refuses to offer a fair settlement.
Our attorneys have experience working as Phoenix car accident lawyers and can help handle various injury claims for pedestrian accidents.
Common Causes of Pedestrian Accidents
Pedestrian accidents occur in a wide variety of ways in and around the Phoenix area. While it is true that pedestrians could hold responsibility for the incident, it is often the negligent actions of drivers on the roadway that lead to these severe incidents. Some of the most common causes of pedestrian accidents include drivers:
- Distracted by their phones or other devices
- Impaired by alcohol or drugs
- Speeding or going too fast for conditions
- Rolling through a stop sign
- Who are inexperienced behind the wheel
- Failing to yield the right of way
In addition to driver negligence, it is entirely possible that other agencies or entities may be responsible for a pedestrian accident. For example, if pedestrian crosswalks are not properly marked or if traffic signs and markings are defective or installed improperly, the government entity responsible for these areas may hold responsibility for a pedestrian crash.
How Often Do Pedestrian Accidents Occur?
Information presented by the Arizona Department of Transportation shows that, during the latest reporting year across the state, there were 1,714 total pedestrian crashes recorded. Out of these incidents, there were 257 fatalities and 1,535 total injuries. Out of these injuries, 395 were deemed “serious” or catastrophic.
These statistics are startling. The data shows that the vast majority of pedestrian accidents result in some sort of injury or fatality for the pedestrian involved. This does make sense, especially when we take into account that the human body is not meant to withstand impacts from heavier vehicles or other fixed objects. Without much protection, pedestrians are nearly always going to sustain some sort of injury when an incident occurs.
Common Types of Pedestrian Accident Injuries
Unfortunately, pedestrians often sustain significant injuries when they are impacted by a vehicle in the Phoenix area. Pedestrians have virtually no protection from the force of a vehicle, so even a slower-moving vehicle can lead to major injuries for the pedestrian involved. At MDK Law Group, our team regularly helps individuals who sustain the following types of injuries as a result of a vehicle accident:
- Concussions or more severe traumatic brain injuries
- Whiplash or significant spinal cord injuries
- Various levels of paralysis
- Crush injuries or amputations
- Severe road rash or lacerations
- Fractured or dislocated bones
- Internal bleeding and internal organ damage
Our team is also cognizant of the fact that there are often unseen injuries that accompany these visible physical injuries. This includes the significant emotional and psychological trauma a pedestrian accident victim may experience. It is not uncommon for survivors of pedestrian crashes to experience sleeplessness, anxiety, stress, and fear. In some cases, Phoenix pedestrian accident victims experience symptoms of post-traumatic stress disorder (PTSD).
How Much Compensation Is Available for a Pedestrian Accident Case?
There is no set amount of compensation paid to pedestrian accident victims in Phoenix if their case is successful. However, there are several factors that will influence the total insurance settlement amount or final jury verdict awarded. Some of these factors include the type of injury and the severity of the injury. The length of the recovery time and whether or not a person can return to work also influence final settlements. If you lost a loved one due to a fatal pedestrian accident, working with a skilled Phoenix wrongful death attorney can help you recover the compensation you deserve.
Our attorneys work to recover various types of compensation on behalf of every client that we assist. This includes economic and non-economic damages, such as the following:
- All medical bills related to the pedestrian crash
- Hospital expenses
- Follow-up doctor visits
- Prescription medications
- Medical devices
- Physical therapy and rehabilitation
- Lost wages for those who are unable to work
- Property damage expenses
- Various household out-of-pocket losses
- Loss of enjoyment of life damages
- Physical and emotional pain and suffering damages
Steps to Take After a Pedestrian Accident in Phoenix
There are various steps that pedestrians can take after sustaining an injury to help preserve the integrity of their case along with their well-being.
- Immediate medical assistance. The number one priority after a pedestrian accident occurs is for the individual harmed to seek medical care. Even if an injury does not seem severe right after the incident occurs, any pedestrian accident victim needs to be evaluated by a doctor. Not only does this help ensure well-being in the event there is an unseen injury, but it also helps establish a strong link between the incident and any injuries that have occurred or that will show up later.
- Reporting the incident. All pedestrian accidents must be reported to law enforcement officials in the Phoenix area. The police and other first responders will come to the scene right away. Law enforcement will investigate the incident and fill out an accident report, and fire and EMS personnel will ensure scene safety.
- Obtaining and preserving evidence. It may be possible at the scene of a pedestrian crash to gather evidence, but we advise against doing so if there are severe injuries. Some of the types of evidence that could be obtained include photographs taken by cell phones of the injuries, vehicle damage, and other items at the scene. We encourage individuals to make note of any cameras they see in the area so an attorney can go gather this footage at a later date. If there are witnesses to the incident, we encourage individuals to obtain their names and contact information.
- Contacting an attorney. A skilled pedestrian accident lawyer in Phoenix should get involved as soon as possible so they can begin gathering evidence and opening communication with other parties. An attorney will work diligently with the insurance carriers involved while they piece together liability for the claim.
Determining Liability After a Pedestrian Accident
Determining liability after a pedestrian accident occurs in Phoenix can be challenging. We strongly encourage any pedestrian crash victim to reach out to an attorney as soon as possible. An experienced pedestrian accident attorney in Phoenix will use their resources to fully investigate the claim to prove what happened. Some of the main types of evidence that will be gathered to help determine liability include the following:
- Photographs taken at the scene of the incident (this can include photos of the injuries, vehicle damage, debris or skid marks, and any other possible causes of the crash)
- Video surveillance taken from nearby cameras (this can include cameras on homes, businesses, dash cams, or cell phones)
- Statements from eyewitnesses at the scene of the incident
- The police or accident report
- Vehicle black box data
- Mobile device data
- The negligent driver’s driving history information
Simply gathering evidence may not be enough to prove liability, at least not to the point definitive enough for an insurance carrier to make a settlement. It may be necessary for an attorney to enlist assistance from accident reconstruction experts who can use the evidence available to them along with visits to the scene of the incident to compose computer 3D generations and simulations of what likely occurred.
How Much Does a Pedestrian Accident Lawyer Cost in Phoenix?
Paying for a pedestrian accident lawyer in Phoenix does not have to be complicated. Our team takes these claims on a contingency fee basis, which means a few things for you and your wallet.
First, we will agree upon a percentage of the final settlement or jury verdict that will be paid as your legal fee. The good news is that you will not be responsible for paying any legal fees until after we successfully recover the compensation you need. If we do not win the case, you pay nothing. You will not have to reimburse us for anything. Second, we handle every cost related to the case as the claim is ongoing. You will pay no upfront or out-of-pocket expenses.
Our team firmly believes that this type of fee arrangement helps individuals hold at-fault parties responsible, regardless of their current financial status.
How Long Do You Have to File a Pedestrian Accident Claim in Phoenix?
Individuals in the Phoenix area must file their pedestrian accident claims as soon as possible. Under the Arizona statute of limitations, personal injury victims have a two-year window with which to file a lawsuit against the alleged negligent party. Failing to do so within this time frame means that the victim will be unable to recover the compensation they are entitled to.
Additionally, please understand that insurance carriers will have their own reporting deadlines related to these claims. You need to file your claim with the insurance carrier within a few days after the incident occurs to avoid the insurance carrier delaying or denying the claim altogether.
Will You Have to go to Court to Win a Pedestrian Accident Case?
Understanding whether or not your case will have to go to court can be confusing. Not every injury claim automatically goes to the courtroom. The reality is that a pedestrian accident case in Phoenix will likely reach a resolution between settlements with insurance carriers and the claimant.
Most pedestrian accident victims will file an insurance claim against the at-fault party’s insurance carrier. Generally, a case will be resolved within a few weeks or a few months, but that is not always the case. Insurance carriers may try to push back against having to pay out a legitimate claim. The insurance carrier may offer meager settlements, or they could even deny the claim. In the event this occurs, it may be necessary for the injury victim to file a personal injury lawsuit against the at-fault party.
Even after a lawsuit gets filed and the case moves into the civil court system, that does not necessarily mean you will have to go to the courtroom. There are various steps that occur long before a jury trial becomes necessary. This will include the discovery process and continued negotiations. Only if both sides fail to reach an agreement after examining all of the evidence and speaking to witnesses will the case need to go in front of a jury.
Call a Pedestrian Accident Lawyer in Phoenix Today
If you or somebody you love has been injured in a pedestrian accident caused by the negligent actions of another individual in the Phoenix area, turn to the team of Phoenix personal injury lawyers at MDK Law Group for help today. We will not hesitate to help you every step of the way. This includes negotiating with insurance carriers or fully preparing your claim for trial if that is what it takes to secure the compensation you need. Reach out to our Phoenix pedestrian accident attorney through our contact page or call us at (623) 225-5635.