What You Should Do

Here are some things you should do and actions you should take if you or someone you know is a pedestrian hit by a vehicle.

• If an ambulance has been sent to the scene, wait for the ambulance.
• Take photos of any injuries and property damage.
• Take photos of the accident scene layout if possible.
• Seek out medical attention – often some type of head injury is involved in pedestrian accidents. It’s important to get checked out.
• All injuries must be documented as soon as possible by a medical provider. Even if they seem minor at first, seeing a medical provider documents the date of the first symptom which can be very important when dealing with insurance companies.
• If you at first believe the injuries are minor, it’s best to still document them by seeing a medical provider. The severity of an injury can take time to manifest itself. It’s important to document when the symptoms started so that they can be linked to the accident.
• If an insurance investigator or adjuster calls, call an attorney for legal advice.
• If you decide to bring a claim against the driver, seek out legal advice. You don’t have to hire an accident attorney if you don’t want to, but you can call, get advice and then decide what you want to do.
  

  Fault Is Sometimes Disputed

  Fault is sometimes disputed in pedestrian accident cases. Arizona law is clear that the driver of a car or other vehicle must use reasonable care. Drivers must keep a lookout for pedestrians. They must also control the speed and movement of their vehicles. Failure to use reasonable care in driving a vehicle is negligence. Even when a driver of a vehicle has the right of way, they must use reasonable care to avoid an accident. This means that they must use reasonable care to avoid colliding with a pedestrian even if the pedestrian is in the roadway outside of a marked or unmarked crosswalk.

  Even if a driver or pedestrian has the right of way, he or she can give up that right. If a driver or pedestrian reasonably believes the other driver or pedestrian has given up the right of way, then he or she may reasonably go first.

  Pedestrians have the right of way in marked and unmarked crosswalks at an intersection. Drivers of vehicles must use reasonable care when approaching pedestrians in or at intersections. Pedestrians must not suddenly step off curbs when vehicles are approaching. Failure of a pedestrian to use reasonable care does not absolve a driver of using reasonable care to avoid colliding with a pedestrian.

  What Is A Pedestrian Who Is Hit By A Car or Other Vehicle Entitled To?

  In most states including Arizona, pedestrians who are injured in accidents are entitled to past and future medical bills, lost wages, out of pocket expenses, pain, suffering, loss of enjoyment of life, inconvenience and other damages.

  If you would like to talk to an experienced accident attorney who has been helping injured people, please give me a call. I’m happy to answer your questions. You can then make an informed decision about what you want to do. I wish you the best.