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Making the choice to walk to school, work, or run errands may seem like a safe option. However, it is not uncommon for negligent drivers to hit pedestrians traveling on crosswalks or sidewalks. Walkers may be just as vulnerable to accidents as drivers. Making matters worse, pedestrians have no protection from the forces that may inflict severe physical injuries, financial problems, or emotional trauma. Any person who suffers harm because of the negligence of others has the right to seek monetary damages. However, collecting this compensation can be a complicated process.
A Mesa pedestrian accident lawyer may be able to help you to set things right. A dedicated personal injury attorney could explain your rights as a pedestrian under Arizona state law, explain how a defendant’s actions violated those rights, and work to demand fair financial recovery for your losses.
The Obligations of Drivers to Protect Pedestrians
Every driver assumes a duty to protect all other people whenever they get behind the wheel. Naturally, this duty extends to pedestrians who may be walking in a parking lot, crossing the street using a crosswalk, or even getting out of their cars from a parked position.
Specifically, A.R.S.§ 28-792 says that drivers must yield the right of way to any pedestrian who is within the road using a crosswalk. However, this statute also places a burden on pedestrians to not suddenly leave the curb in such a way as to make it difficult or dangerous for a driver to yield.
Indeed, most cases involving pedestrian collisions are a balancing act between evaluating the actions of drivers and those of pedestrians. State law also requires all passengers to follow traffic control signals in the same way as motorists. As a result, courts in Mesa pedestrian accident cases will evaluate the actions of all involved parties to determine who was at fault for a crash. This is especially important since state law says that courts must reduce a compensation package by the percentage of blame that they attribute to a victim. A skilled Mesa pedestrian accident attorney could leverage the state’s pedestrian safety laws to prove that a defendant’s negligence was the sole cause of the collision.
Fighting to Obtain Fair Compensation
Proving that a defendant was negligent is only one part of a successful pedestrian accident claim. A complete case will seek all the compensation necessary to set things right. The important first step in this process is making an accurate measurement of one’s losses.
Every pedestrian accident claim must center around a physical injury. These typically include broken bones, severe cuts, separated joints, and traumatic brain injuries. However, a plaintiff who stops with these losses may be selling their case short.
The purpose of a pedestrian accident claim is to make the plaintiff whole again. Many incidents result in severe financial losses due to lost time at work or a permanent loss of work ability. Others have a profound emotional impact in the form of post-traumatic stress, loss of quality of life, or pain associated with the physical injury. A diligent pedestrian accident lawyer in Mesa could help accurately measure one’s losses to demand a comprehensive financial award.
Enlist the Help of a Mesa Pedestrian Accident Attorney
Every driver in Mesa has a duty to not place any other person at an unnecessary risk of harm. This includes not driving in a way that harms a pedestrian on the sidewalk, in parking lots, or in crosswalks. While this duty is certainly clear, liability in a collision is not always obvious.
Defendants may argue that you were at fault because you did not use a crosswalk. They may also argue that your sudden move into the street did not give the defendant enough time to react. In all cases, you need to not only prove that the defendant was negligent but also that your own choices did not contribute to the incident.
A Mesa pedestrian accident lawyer could help you prove your claim. They could work to demonstrate defendant negligence, measure your losses, and seek full payments for all your damages. Call immediately to protect your rights.
