A pedestrian accident lawyer Phoenix, AZ residents can depend on is available to help victims and their families after being injured while walking on a sidewalk, road, crossing, parking lot, or street way. Pedestrians have the right to walk in these areas without fear; however, all too often there are accidents. When they happen, tragic injuries can result.
According to The National Highway Traffic Safety Association, up to 5,000 pedestrians are killed by a motor vehicle. A further 76,000 are injured. In Phoenix, traffic volume is increasing, and so too are pedestrians walking to work, entertainment venues, parks, and homes. This combination has led to a surmounting number of devastating, even deadly, incidents in vehicle versus pedestrian accidents.
Kamper Estrada, LLP: Phoenix Pedestrian Accident Lawyer
Kamper Estrada, LLP understands the potential repercussions of these accidents and routinely fights for the victims and their family members. We have years of experience in getting successful results for thousands of clients. Regardless of the extent of your injuries or the exact details of the incident, we are interested in hearing your story during a free consultation.
Proving Negligence in a Pedestrian Accident
When you start working with a pedestrian accident lawyer in Phoenix, AZ, he or she might initiate a full investigation to determine who is at fault and whether or not negligence was a factor. More often than not it is the driver of another vehicle which caused the accident. Sometimes an investigation also shows that the victim is partially to blame. When this is discovered, there may still be grounds for a legal claim which is why you should always find out what a pedestrian accident lawyer Phoenix, AZ offers has to say.
By legal definition, negligence is the failure to implement reasonable care; thereby, causing harm, damage, or injury to another person. To establish negligence, lawyers at Kamper Estrada, LLP must show:
- The defending party had a legal duty to fulfill certain factors or obligations
- This duty or obligation was breached
- It was this breach of action that caused the accident
- The plaintiff was harmed because of this the breach
Understanding the Driver’s Duty of Care
In general, a driver of a car must exercise caution while on the road. When they fail to do so, they are essentially putting the lives of others at risk. A pedestrian accident lawyer Phoenix, AZ trusts might look to see whether or not any of the following could be considered an incidental factor:
- Driving while distracted
- Reckless driving
- Driving to intimidate
- Speeding over the limit
- Driving too slow
- Ignoring traffic signals or lights
- Failing to signal while turning
- + More
To establish these things, a lawyer may analyze dash cam footage, surveillance footage, phone logs, witness statements, and so forth.
Understanding the Pedestrian’s Duty of Care
Pedestrians are also obliged to exercise care on a sidewalk, road, or parking lot. If contributory negligence is an element, you may have to take partial responsibility. In general, a pedestrian accident lawyer Phoenix, AZ respects may determine a fair percentage for which you are liable. This numerical value will then be deducted from the total settlement. For instance, if you are found to be held 20% liable, you will lose 20% of the damages. Examples of pedestrian negligence may include:
- Ignoring the “walk” signal
- Failure to use a crossing bridge
- Abruptly entering the flow of traffic
- Walking while distracted (i.e. using a phone)
- Walking while under the influence of a narcotic or alcohol
- Darting in front or behind of a vehicle
Before making any assumptions about your case it’s advisable get an opinion from a pedestrian accident lawyer Phoenix, AZ families count on.
Getting Legal Help from Kamper Estrada, LLP
If you would like to discuss your case in further detail, Kamper Estrada, LLP wants to talk with you. For a free consultation with a pedestrian accident lawyer Phoenix, AZ has to offer, please call 602-230-1234.