Gilbert Pedestrian Accident Lawyer
Hit by a Car While Walking in Gilbert? Talk With a Pedestrian Accident Lawyer
A pedestrian accident lawyer in Gilbert can explain who is responsible when a driver hits someone on foot, what Arizona's crosswalk rules say and which deadlines apply. Fault is often argued, but Arizona is a pure comparative fault state, so a pedestrian who shares some blame can still recover a reduced amount (A.R.S. 12-2505). Most injury claims must be filed within two years (A.R.S. 12-542).
- Driver duty at a crosswalk
- Yield to a pedestrian in a marked or unmarked crosswalk where signals are absent or not working
- A.R.S. 28-792
- Fault rule
- Pure comparative fault, no percentage bar
- A.R.S. 12-2505
- Filing deadline
- Generally 2 years from the injury
- A.R.S. 12-542(1)
A Pedestrian Accident Lawyer in Gilbert for People on Foot
Gilbert is a town where people walk: to school, to a bus stop on Gilbert Road or Power Road, along canal trails and through the Heritage District on a weekend evening. The streets they cross are wide arterials with heavy traffic and long signal cycles, and a crossing that takes a child or an older adult a long time is exactly where an impatient driver turns or accelerates.
Arizona recorded 271 pedestrian deaths statewide in 2023, according to ADOT Crash Facts as reported by the Gilbert Sun News. In Gilbert itself, a news report described two joggers struck in a crosswalk at Val Vista Drive and Elliot Road in April 2017, one of them fatally. A pedestrian lawyer in Gilbert starts with what the police report says, what the driver says and what the street itself looked like at the time. Our page for a personal injury lawyer in Gilbert covers other claims we hear about in town.
Arizona
Gilbert Places Where Pedestrians Are Hurt and Where the Records Are
A pedestrian claim depends on the crossing, the report and the medical records. Our police report guide covers the request steps statewide.
Val Vista Drive and Elliot Road
Two joggers were struck in a crosswalk here on April 20, 2017, and Gilbert Police responded. Wide intersections like this are common in the mile-grid layout.
Heritage District
Downtown Gilbert has Gilbert Road frontage, restaurants and shops. Busy sidewalks and crossings mean fault can be argued both ways.
Valley Metro bus stops on Elliot Road, Gilbert Road, Ray Road and Power Road
Routes 108, 136, 140 and 184 run along these streets, mostly at 30-minute weekday frequency. A rider walking to or from a stop often crosses a wide street.
Gilbert's high schools
Gilbert High, Highland High and Mesquite High are among the schools whose students walk and cross nearby streets before and after class.
Trails and the Riparian Preserve at Water Ranch
Gilbert's trail network, including the Heritage Trail and Santan Vista Trail, crosses streets at many points. The preserve at 2757 E. Guadalupe Road has more than 4.5 miles of paths.
Mercy Gilbert and Banner Gateway
Mercy Gilbert Medical Center (3555 S. Val Vista Drive) and Banner Gateway Medical Center (1900 N. Higley Road, Level IV) are in town. Level I trauma centers closest to Gilbert are Chandler Regional Medical Center and Banner Desert Medical Center in Mesa. For child patients, Phoenix Children's is the Level I pediatric center.
Gilbert Police Department
Writes the report for crashes on Town streets. Ask for the report number and make sure your account is in it.
What a Crosswalk Accident Lawyer in Gilbert Looks For
Most of these claims turn on a few facts that fade quickly.
- Was the signal working?
Arizona's duty to yield in a crosswalk applies where signals are absent or not working (A.R.S. 28-792). If a signal was working, the walk signal and the vehicle signal both matter.
- Was it a marked or unmarked crosswalk?
The statute covers marked and unmarked crosswalks at intersections. An unmarked crosswalk can still require a driver to yield.
- Where was the pedestrian standing?
The duty applies to a pedestrian on the driver's half of the road or approaching closely. A pedestrian also may not suddenly leave a curb into the path of a vehicle too close to yield.
- Was another car stopped?
A driver may not pass a vehicle stopped for a pedestrian. A stopped car can also hide a person from a driver in the next lane.
- Was there a camera?
Businesses, homes and some vehicles record video. It can be overwritten within days, so we ask early.
Driver Duties and Pedestrian Duties
Insurance companies and attorneys often negotiate the percentage of fault in pedestrian cases, so both sides of the rule matter.
What a driver owes
- Yield to a pedestrian in a marked or unmarked crosswalk where signals are absent or not working (A.R.S. 28-792).
- Not pass a vehicle stopped for a pedestrian.
- Not hold or support a phone while driving (A.R.S. 28-914).
What a pedestrian owes
- Not suddenly leave a curb into the path of a vehicle too close to yield (A.R.S. 28-792).
- Yield to vehicles when crossing outside a crosswalk (A.R.S. 28-793).
- Between adjacent signalized intersections, cross only in a marked crosswalk (A.R.S. 28-793).
Children Walking to School and Gilbert Families on Foot
Many Gilbert families live within walking distance of a school or park, and children are among the people most often hurt on foot. If a child is injured, the limitations period is tolled until age 18, and then the normal period runs (A.R.S. 12-502). If a public entity such as a school district is involved, a child's deadlines are paused until age 18, but a parent's own claim for medical bills they paid is not paused: that notice of claim is due within 180 days of the injury (A.R.S. 12-821.01(D)). Families should not wait.
Older adults and people who move more slowly through a crosswalk can face a different problem. A driver who sees a walk signal but not the person still has to yield. A pedestrian injury lawyer in Gilbert will ask about how long the signal gave the person to cross and what the street looked like at that hour.
Step by step
What to Do After a Pedestrian Accident in Gilbert
If you cannot do these yourself, a family member can do them for you.
- 1
Get help and a report
A driver in a crash with injury must notify police immediately (A.R.S. 28-666), and you can call 911 yourself. Ask for the report number.
- 2
Photograph the crossing
If safely possible, photograph the crosswalk, the signal heads, the lane markings and any sight-line obstacles.
- 3
Get the driver's details
Record the driver's name, plate and insurer. If the driver left, write down everything you remember, because a hit-and-run is a felony when someone is injured (A.R.S. 28-661, 28-663).
- 4
Have a doctor check you
Many injuries show no or seemingly minor symptoms at first. Keep every record and bill.
- 5
Talk with us before an insurer
You are not required to agree to a recorded statement. Call any time. Office visits Monday to Friday, 9 to 5.
Related Gilbert Pages and Nearby Pedestrian Pages
A pedestrian crash often overlaps with another type of claim.
If the Driver Did Not Stop
A driver who leaves the scene of a crash with injury must stop, identify themselves and render aid (A.R.S. 28-661, 28-663). If the driver cannot be found, your own uninsured motorist coverage may still help. Physical contact with the unidentified vehicle is not required, but if there was none you must provide corroboration that the vehicle caused the crash, such as an independent eyewitness, doorbell or storefront video, scene evidence or 911 and dispatch records (A.R.S. 20-259.01(M)). Written notice to your own insurer is due within three years (A.R.S. 12-555).
Related pages
Statewide guide
Questions
Questions about Gilbert pedestrian accident cases
Who writes the report if I am hit while walking in Gilbert?
Gilbert Police generally write the report for a crash on a Town street. Ask the officer for the report number. If the crash happened on a freeway ramp, Arizona DPS commonly responds.
What if I was crossing outside the crosswalk?
A pedestrian crossing outside a crosswalk must yield to vehicles, but a claim is not necessarily over. Arizona's pure comparative fault rule reduces the recovery by your percentage of fault instead of barring it, and the driver's speed, attention and phone use still matter.
Which hospitals treat serious pedestrian injuries near Gilbert?
We cannot give treatment advice. For your records, Mercy Gilbert Medical Center and Banner Gateway Medical Center are in town, and the closest Level I trauma centers are Chandler Regional Medical Center and Banner Desert Medical Center in Mesa. Phoenix Children's is the Level I pediatric trauma center.
Where would my pedestrian injury lawsuit be filed?
Generally in Maricopa County Superior Court, which lists its civil division at the East Court Building in downtown Phoenix. We confirm the filing location with the Clerk of the Superior Court.
What if a Town of Gilbert or school vehicle hit me?
A notice of claim against a public entity is due within 180 days, with facts and a specific sum certain, and a lawsuit generally must follow within one year after accrual (A.R.S. 12-821.01, 12-821). Call us early so we can explain how these deadlines apply to you.
Can I talk with a pedestrian accident attorney in Gilbert without driving to Scottsdale?
No. We start by phone. Our office is at 5635 N Scottsdale Rd, Suite 170, Scottsdale, AZ 85250, about 21 miles from Gilbert Town Hall, roughly a 33-minute drive without traffic. You pay no attorney fee unless we recover money for you.
Free case review
Talk With Us After Your Gilbert Pedestrian Accident
Call (602) 584-8054 or request your free case review on our contact page. Our experienced and friendly attorney will explain your legal rights. The earlier you call, the better, but it's never too late to find out your legal rights.
Call any time. Office visits Monday to Friday, 9 to 5.
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