When a driver hits you with their car, their first instinct is often to shift the blame. They may claim you weren't paying attention, but a Scottsdale pedestrian accident lawyer knows how to uncover the truth. They investigate the driver's actions to prove that their negligence was the cause of your injuries.
A personal injury lawyer challenges the driver's narrative and fights for the compensation you need to recover. To connect with local Scottsdale talent, call Law Bear at (309) 365-6510 for a free case evaluation.
The Blame Game
Don't be surprised if the driver's insurance adjuster tries to blame you for the accident. It's a standard strategy used to deny claims or reduce the amount they have to pay. They might take your words out of context or misinterpret Arizona traffic laws to shift responsibility onto you.
Your Scottsdale pedestrian accident lawyer acts as your shield against these tactics. They handle all communications with the insurance company, so you never have to speak directly with an adjuster.
This prevents them from tricking you into a recorded statement or pressuring you into accepting a settlement that is far less than you need. Your lawyer's presence forces the insurance company to treat your claim with the seriousness it requires.
Proving Driver Negligence in a Pedestrian Crash
The success of your claim hinges on proving the driver was negligent. A Scottsdale pedestrian accident lawyer builds a case that clearly shows the driver's failure to operate their vehicle safely.
The Power of Eyewitness Testimony
Your attorney contacts anyone who witnessed the collision, from people on the sidewalk to occupants of other vehicles. They take formal statements to lock in testimony about the driver's speed, their failure to stop, or their focus on a cell phone instead of the road ahead.
These independent accounts help overcome a driver's self-serving story.
Uncovering Electronic Evidence
Modern cars and cell phones create a digital trail that often tells the real story. Your attorney can subpoena the driver's cell phone records. These records show if the driver was texting, talking, or using an app at the moment of impact.
Sometimes, a vehicle's event data recorder provides information about its speed and braking before it struck you in a crosswalk on Scottsdale Road or Shea Boulevard.
Reconstructing the Accident
The physical evidence from the crash scene itself paints a clear picture of what happened. Your legal team analyzes the police report, photos of the scene, and damage to the vehicle. They may also bring in an accident reconstructionist to use physics to establish the vehicle's speed and point of impact.
This scientific approach leaves little room for a driver or their insurer to argue about the facts.
Common Examples of Driver Negligence That Cause Pedestrian Accidents
Proving negligence means identifying a specific action or failure to act by the driver that violated their duty to keep others safe. A Scottsdale pedestrian accident lawyer investigates to uncover the precise driver error that led to your injuries.
Distracted Driving
A driver's focus must be on the road, not on their phone or another distraction. Texting, talking, adjusting the GPS, or interacting with a vehicle's infotainment system are all common forms of distraction.
An attorney works to secure evidence, like cell phone records or witness statements, that proves the driver's attention was elsewhere instead of on the person crossing the street in front of them.
Speeding and Aggressive Driving
Speed limits exist for a reason, especially on busy city streets like Scottsdale Road. When drivers exceed the speed limit or drive too fast for the conditions, they reduce their ability to stop in time to avoid a collision.
Aggressive actions like tailgating, weaving through traffic, or running red lights dramatically increase the risk to pedestrians. A thorough investigation of the crash often reveals that a driver's speed was a primary factor in the incident.
Failure To Yield the Right-of-Way
Drivers must yield to pedestrians, but they often don't, causing collisions at intersections and marked crosswalks. A driver may fail to yield when making a turn, pulling out of a private drive, or simply not paying attention to a person with the legal right-of-way.
Driving Under the Influence
A driver who is impaired by alcohol or drugs has slower reaction times, poor judgment, and reduced coordination. This makes them a significant danger to everyone on the road, especially vulnerable pedestrians.
Compensation for Your Injuries and Losses
When a driver's carelessness leaves you with serious injuries, you have the right to seek payment for all the ways this event has affected your life. A settlement or verdict is designed to cover your specific financial debts and your personal, non-financial harms.
Some examples include:
- Complete Medical Care: This includes the ambulance ride, emergency room treatment, surgery, hospital stays, physical therapy, and any future medical procedures you need.
- Lost Income: You may receive payment for the wages you have lost while being out of work. If your injuries impact your ability to earn in the future, your compensation may reflect that loss of earning capacity.
- Damaged Personal Property: The driver is responsible for the cost of replacing any of your personal items destroyed in the crash, such as your phone, laptop, or clothing.
- Pain and Suffering: This compensates you for the physical pain, discomfort, and general suffering your injuries have caused.
- Emotional and Mental Anguish: This addresses the psychological impact of the trauma, including conditions like anxiety, depression, and post-traumatic stress disorder.
- Loss of Life's Enjoyment: You may seek compensation for your inability to participate in hobbies and activities you once valued, such as walking your dog along the Scottsdale Greenbelt or spending time with family.
Investigating All Potentially Liable Parties
While the driver of the car is the most obvious at-fault party, a thorough investigation sometimes reveals that other individuals or entities also share the blame. Pursuing all sources of liability provides you with the best opportunity to receive full compensation.
A skilled Scottsdale pedestrian accident lawyer looks beyond the driver to identify every party whose negligence contributed to your injuries.
An Employer or Company
If the driver was working at the time of the crash, their employer could be held legally responsible for their actions. This applies to delivery drivers, taxi or rideshare drivers, and anyone else performing job duties behind the wheel.
Your legal team investigates the driver's employment status to determine if the company shares liability for your injuries and damages.
A Government Entity
In some cases, a dangerous condition on public property contributes to an accident. This could involve a crosswalk with faded, unreadable markings, a broken traffic signal, or a view obstructed by overgrown city landscaping.
If a government body's failure to maintain a safe roadway played a role in the crash, it may be held accountable. These claims have very strict and short deadlines, making a prompt investigation essential.
A Bar or Restaurant
Arizona has laws that sometimes hold alcohol vendors responsible for the actions of their intoxicated patrons. If a bar or restaurant continued to serve alcohol to a driver who was obviously intoxicated, and that driver then caused your accident, the establishment might be liable.
Your attorney investigates the driver's activities before the crash to see if a third party contributed to their impairment.
Common Locations for Pedestrian Accidents in Scottsdale
Pedestrian accidents happen everywhere, but they're more frequent in certain areas with a high mix of foot and vehicle traffic. Drivers have a responsibility to be extra cautious in these zones.
Accidents are particularly common in and around Scottsdale's bustling commercial and entertainment districts.
These high-risk areas often include:
- Old Town Scottsdale: The dense mix of shops, restaurants, crosswalks, and distracted tourists creates a high-risk environment, especially at intersections along Scottsdale Road and Indian School Road.
- Scottsdale Fashion Square: The large parking lots, complex internal roadways, and constant flow of vehicles entering and exiting the mall present a significant danger for people walking to and from their cars.
- Kierland Commons and Scottsdale Quarter: These open-air shopping centers create a campus-like feel, but drivers often forget to watch for pedestrians crossing between stores or heading to parking garages.
Other dangerous spots include busy arterial roads like Shea Boulevard and Camelback Road, especially at night when visibility is lower.
Arizona's Deadline for Filing a Claim
The state of Arizona sets a time limit, known as the statute of limitations, for filing a personal injury lawsuit. For most pedestrian accident cases, you have two years from the date of the incident to file your claim in court.
If you miss this deadline, the court will almost certainly refuse to hear your case, and you'll lose your right to seek compensation permanently.
Building a strong case takes time. Your legal team will likely need multiple months to conduct a full investigation, gather evidence, consult with medical professionals, and negotiate with the insurance company. Waiting too long puts your entire claim at risk.
There are also important exceptions that can change the two-year deadline. For instance, if your claim is against a government entity, like the City of Scottsdale or a public bus, you have a much shorter time to act. You are required to file a formal Notice of Claim within just 180 days.
Don't make assumptions about how much time you have. A legal advocate can tell you the specific deadline that applies to your situation and make sure all paperwork is filed correctly and on time.
FAQ for Scottsdale Pedestrian Accident Lawyer
Can I Still Seek Compensation if I Was Outside of the Marked Crosswalk?
You may still have a valid claim even if you weren't in a marked crosswalk. Drivers in Arizona still have a duty to exercise due care to avoid hitting pedestrians. The law requires a detailed look at who had the better opportunity to avoid the collision.
A Scottsdale pedestrian accident lawyer will analyze the specifics of your location, the driver's speed, and visibility to determine fault.
What if a Hit-and-Run Driver Injured Me?
If an unknown driver hit you and fled the scene, you may still have options for compensation. You might file a claim through your own auto insurance policy's Uninsured Motorist (UM) coverage. This coverage steps in to act as the at-fault driver's insurance.
An attorney helps you explore all possible sources of recovery, even when the negligent driver is never found.
How Does a Scottsdale Pedestrian Accident Lawyer Prove the Driver Was at Fault?
A Scottsdale pedestrian accident lawyer proves fault by gathering objective evidence, including the driver's cell phone records, traffic or surveillance video, and the official police report. They may work with an accident reconstructionist to scientifically prove what happened.
What if the Driver Who Hit Me Has No Insurance?
If the driver who hit you is uninsured or their policy limits are too low to cover your serious injuries, your own auto insurance policy may provide help. A claim is made against your Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage.
Your attorney investigates all available insurance policies, including your own, to find every possible source of compensation for you.
Can I Still Have a Claim if I Was Partially at Fault?
Arizona uses a pure comparative fault system, which means you may still recover damages even if you're partially responsible. The court assigns a percentage of fault to each party, and your final compensation gets reduced by your percentage of fault.
Your Scottsdale personal injury lawyer uses evidence to minimize your percentage of fault.
Reclaim Your Footing
A moment of a driver's inattention can change your life, but it doesn't have to define your future. You have the right to hold a negligent driver accountable and secure the resources needed for your recovery.
Don't let an insurance adjuster dictate the outcome of your claim. Law Bear is ready to connect you with a qualified local lawyer who understands how to fight for pedestrians. Call (309) 365-6510 for your free, no-obligation case evaluation. The Bear's Got Your Back.