Being struck by a vehicle as a pedestrian is one of the most devastating experiences anyone can face. Personal injury cases involving pedestrians are often severe, and victims frequently face long recoveries, mounting medical bills, and lost wages. Understanding pedestrian accident claims can make a critical difference in the outcome of your case.
Phoenix streets, intersections, and crosswalks see pedestrian accidents far too often. Whether you were hit in Tempe near a university crosswalk, along a busy Mesa boulevard, or in a Scottsdale shopping district, your rights as an injured pedestrian matter. Arizona law gives you the ability to pursue compensation — but the process requires careful action.
This guide explains how pedestrian accident claims work, what steps to take, and how an experienced attorney can help you recover what you truly deserve.
What Is a Pedestrian Accident Claim?
A pedestrian accident claim is a legal action filed by an injured pedestrian against a driver — or another at-fault party — whose negligence caused the crash. In most cases, the claim is filed with the at-fault driver’s auto insurance company. However, if that driver is underinsured or uninsured, other options may exist.
Arizona follows a fault-based system for car and pedestrian accidents. This means the party responsible for causing the crash bears financial liability. As a result, proving fault is a central part of any pedestrian accident claim.
Who Can Be Held Liable?
Liability in pedestrian accidents is not always limited to the driver. Therefore, it is important to consider all potentially responsible parties. Common liable parties include:
- The at-fault driver — speeding, distracted, or impaired drivers cause most pedestrian crashes.
- A vehicle owner — if the owner allowed an unsafe driver to operate their vehicle.
- A government entity — if a defective crosswalk, poor lighting, or unsafe road design contributed to the crash.
- An employer — if the driver was operating a work vehicle at the time of the accident.
Furthermore, multiple parties can share liability in a single accident. An experienced attorney can investigate all angles to identify every responsible party.
Common Causes of Pedestrian Accidents in Phoenix
Pedestrian accidents happen for many reasons. However, driver negligence plays a role in the vast majority of cases. Understanding the cause of your accident helps establish who is at fault.
Distracted Driving
Distracted driving is one of the leading causes of pedestrian accidents across the Greater Phoenix area. Drivers who text, talk on the phone, or interact with GPS systems often fail to see pedestrians in crosswalks or at intersections. As a result, even a brief moment of inattention can lead to a life-altering crash.
Failure to Yield
Arizona law requires drivers to yield to pedestrians in marked and unmarked crosswalks. Additionally, drivers must use reasonable care to avoid striking any pedestrian on a roadway. When drivers fail to yield — especially at busy intersections in Chandler or Gilbert — serious injuries often follow.
Speeding and Aggressive Driving
Speed directly affects the severity of pedestrian injuries. Moreover, higher speeds reduce reaction time and increase stopping distance. A pedestrian struck by a speeding vehicle faces a much greater risk of catastrophic or fatal injury than one struck at lower speeds.
Impaired Driving
Drunk and drug-impaired drivers pose an extreme danger to pedestrians. Impaired drivers often have slowed reflexes, poor judgment, and reduced awareness of their surroundings. Because of this, pedestrian accidents caused by impaired drivers frequently result in severe, life-threatening injuries.
Steps to Take After a Pedestrian Accident
What you do immediately after a pedestrian accident can significantly affect your claim. Therefore, taking the right steps as early as possible is essential.
Seek Medical Attention Right Away
Your health comes first. Even if you feel relatively okay, get a full medical evaluation as soon as possible. Some injuries — like internal bleeding or traumatic brain injuries — may not produce obvious symptoms immediately. Additionally, a timely medical record creates an important link between the crash and your injuries.
Report the Accident
Call 911 and make sure law enforcement responds to the scene. A police report documents key facts about the crash. Furthermore, it may include the officer’s initial assessment of fault, which can support your claim later.
Gather Evidence at the Scene
If you are physically able, collect as much evidence as possible. For example, take photos of the vehicle, the scene, your injuries, and any skid marks or damaged property. Also, get the names and contact information of witnesses. This early evidence is often critical in pedestrian accident claims.
Avoid Giving Recorded Statements
Insurance adjusters may contact you quickly after the accident. However, you should avoid giving any recorded statement before speaking with an attorney. Insurance companies often use recorded statements to minimize or deny claims. On the other hand, having legal representation before those conversations can protect your rights.
If you have been injured in a pedestrian accident, do not wait to get legal help. Contact Valley Injury Law today for a free case review with our experienced team.
What Compensation Can You Recover?
Pedestrian accident victims in Arizona may be entitled to a range of compensation. The specific damages available depend on the facts of your case, the severity of your injuries, and the at-fault party’s insurance coverage.
Economic Damages
Economic damages cover your measurable financial losses. These typically include:
- Past and future medical expenses
- Lost wages and reduced earning capacity
- Costs of rehabilitation and physical therapy
- Out-of-pocket expenses related to the injury
Non-Economic Damages
Non-economic damages compensate for losses that are harder to measure but equally real. For example, pain and suffering, emotional distress, and loss of enjoyment of life are all recoverable non-economic damages. In serious cases, these damages can represent a significant portion of the total compensation.
Wrongful Death Damages
Sadly, many pedestrian accidents in the Phoenix area are fatal. In those cases, surviving family members may pursue a wrongful death claim. Moreover, wrongful death claims can include compensation for funeral costs, loss of financial support, and loss of companionship.
How Arizona’s Comparative Fault Rules Affect Your Claim
Arizona follows a pure comparative fault rule. This means that even if you were partially at fault for the accident, you can still recover compensation. However, your total damages will be reduced by your percentage of fault.
For example, if you were crossing outside a crosswalk when a driver struck you, an insurer might argue that you share some responsibility. Therefore, understanding how comparative fault applies to your specific situation is something your attorney can help you navigate.
Why You Need an Attorney for Pedestrian Accident Claims
Pedestrian accident claims involve complex insurance negotiations, liability investigations, and legal deadlines. Handling a claim alone — especially while recovering from serious injuries — puts you at a serious disadvantage.
At Valley Injury Law, our founding attorney Travis Meltzer spent the early part of his career defending insurance companies. He knows the tactics insurers use to reduce payouts, and he uses that insider knowledge to fight for injured pedestrians across the Phoenix area, including Mesa, Tempe, Scottsdale, and Chandler. Additionally, we work on a contingency fee basis, so you pay nothing unless we recover compensation for you.
Frequently Asked Questions About Pedestrian Accident Claims
How long do I have to file a pedestrian accident claim in Arizona?
In Arizona, the general statute of limitations for personal injury claims is two years from the date of the accident. However, claims involving a government entity may have a much shorter deadline. Therefore, contacting an attorney as soon as possible is strongly recommended.
What if the driver who hit me didn’t have insurance?
If the at-fault driver was uninsured or underinsured, you may still have options. For example, your own auto insurance policy may include uninsured or underinsured motorist coverage. Additionally, other liable parties — like a vehicle owner or employer — may carry coverage that applies to your claim.
Can I still recover compensation if I was jaywalking?
Yes, in most cases. Arizona’s pure comparative fault rule means you can still recover damages even if you were partly at fault. However, your compensation may be reduced based on your share of responsibility. An attorney can help you understand how this rule applies to your specific situation.
How long does a pedestrian accident claim take to resolve?
The timeline varies widely based on the severity of your injuries, the complexity of the liability issues, and how the insurance company responds. Some claims resolve in a few months, while others take longer, especially if a lawsuit is necessary. Your attorney can give you a realistic assessment of your case’s timeline.
What does Valley Injury Law charge for handling pedestrian accident claims?
We handle all pedestrian accident claims on a contingency fee basis. This means there are no upfront costs and no fees unless we win your case. Furthermore, we offer free case reviews so you can understand your options without any financial commitment.
Contact Valley Injury Law Today
Pedestrian accident claims require swift action, thorough investigation, and experienced legal representation. If you or a loved one was injured in a pedestrian accident in Phoenix, Mesa, Tempe, Scottsdale, Chandler, or anywhere in the Greater Phoenix area, Valley Injury Law is ready to help.
Our team brings former insurance-defense insight to every case we handle. We know how insurance companies think — and we use that knowledge to fight for the full and fair compensation you deserve. We offer free consultations and work on a contingency basis, so there is no financial risk in reaching out.
Do not let the insurance company undervalue your claim. Contact our team today to schedule your free case review and take the first step toward recovery.