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Pedestrian accidents can be life-altering, leaving victims with severe injuries, mounting medical bills, and countless unanswered questions. If you or a loved one has been injured in a pedestrian accident in Marana, you may be feeling overwhelmed, unsure of where to turn for help. At Torgenson Law, we understand the challenges you’re facing and are here to guide you every step of the way.
Our experienced team of pedestrian accident lawyers is committed to helping victims secure the compensation they deserve. With a personalized, compassionate approach, we’ll stand by your side to navigate the legal process, allowing you to focus on your recovery.
While each pedestrian accident is unique, many share common causes that often stem from driver negligence. Understanding these causes is crucial in determining liability and pursuing justice.
Distracted driving is a leading cause of pedestrian accidents. Drivers who are texting, using their phones, or adjusting their GPS are less likely to notice pedestrians crossing the street or walking near the road. Even a few seconds of inattention can have devastating consequences.
When drivers exceed speed limits, their ability to stop or react in time to avoid a pedestrian is drastically reduced. Speeding also increases the severity of injuries in a collision, making it one of the most dangerous behaviors for pedestrians.
Drivers are required to yield to pedestrians in crosswalks and other designated areas, but not all follow this rule. Failure to yield can lead to serious or even fatal accidents, especially in busy intersections or residential neighborhoods.
Operating a vehicle under the influence of alcohol or drugs severely impairs a driver’s judgment, reaction time, and coordination. Drunk driving remains a significant contributor to pedestrian accidents and often results in severe consequences for victims.
Low lighting, inclement weather, or obstacles that obstruct a driver’s view can make it difficult to spot pedestrians. While these conditions pose challenges, drivers still have a duty to adjust their behavior to ensure pedestrian safety.
Determining liability in a pedestrian accident is critical for pursuing compensation. Depending on the circumstances, several parties may bear responsibility:
Drivers who act recklessly or fail to follow traffic laws are often the primary parties held liable in pedestrian accidents. Negligence can take many forms, including speeding, running red lights, distracted driving, or driving under the influence of alcohol or drugs.
When a driver’s careless behavior causes harm to a pedestrian, they can be held legally responsible for the injuries and damages. Evidence such as eyewitness accounts, traffic camera footage, and police reports often plays a key role in proving driver negligence.
In some cases, the owner of the vehicle involved in the accident may share liability, even if they were not driving at the time. This is particularly true if the owner allowed someone unfit to operate the vehicle, such as an unlicensed or reckless driver.
For example, if a parent knowingly permits their teenage child with a poor driving record to use their car, the parent might bear responsibility for an accident caused by the child. Additionally, vehicle owners may also be held accountable if the vehicle was poorly maintained, contributing to the accident.
When poor road conditions or faulty infrastructure contribute to a pedestrian accident, government agencies responsible for maintaining road safety can be held liable. This might include issues such as broken or missing traffic signals, dangerous potholes, inadequate signage, or poorly marked crosswalks.
Pursuing a claim against a government entity often requires a deep understanding of specific legal procedures and shorter filing deadlines compared to other claims. Working with an experienced attorney is critical to navigating these complexities and ensuring accountability.
In some pedestrian accidents, the root cause may lie in a mechanical failure or defect within the vehicle itself. Defective brakes, malfunctioning steering systems, or faulty sensors that fail to detect pedestrians can lead to catastrophic outcomes. In such cases, the manufacturer of the vehicle or its components may be held liable through a product liability claim.
Establishing manufacturer negligence often involves technical analysis and expert testimony to demonstrate that the defect directly caused the accident. This type of claim ensures that companies producing unsafe products are held accountable for the harm they cause.
By identifying and pursuing all liable parties, victims can maximize their chances of receiving full and fair compensation for their injuries and losses. An experienced attorney can help uncover the details necessary to establish liability and build a strong case.
Depending on the nature of the case, victims of pedestrian accidents may be entitled to compensation for a range of damages. Generally speaking, these fall into three categories.
Economic damages encompass the tangible financial losses that a victim incurs as a result of a pedestrian accident. These damages often include medical expenses, such as the costs of emergency room visits, surgeries, rehabilitation, physical therapy, and any ongoing treatments required for recovery.
Economic damages also extend to lost wages, compensating victims for income lost during their recovery period and addressing any diminished earning capacity if injuries prevent them from working in the future. Additionally, property damage falls under this category, covering the repair or replacement of personal belongings damaged in the accident, such as a phone, bicycle, or other valuable items.
Non-economic damages focus on the more subjective and intangible losses that affect a victim’s quality of life after a pedestrian accident. These damages aim to address pain and suffering, compensating for the physical pain and discomfort caused by the injuries. Emotional distress, including anxiety, depression, or post-traumatic stress disorder (PTSD) stemming from the accident, is also included in this category.
Non-economic damages also account for the overall loss of enjoyment of life. For example, if the injuries prevent the victim from engaging in hobbies, recreational activities, or social interactions they once enjoyed, they may be entitled to compensation for these profound life changes.
In cases where the at-fault party’s behavior was particularly reckless, malicious, or egregious, courts may award punitive damages. Unlike economic and non-economic damages, which aim to compensate the victim, punitive damages are designed to punish the wrongdoer and deter similar conduct in the future.
Examples of behavior warranting punitive damages include driving under the influence, engaging in street racing, or intentionally disregarding traffic laws in a way that endangers pedestrians. Although not awarded in every case, punitive damages serve as a powerful mechanism to hold negligent parties accountable for their actions and reinforce public safety standards.
By working with a knowledgeable attorney, victims can ensure all categories of damages are properly evaluated and pursued, maximizing their opportunity for fair compensation. That said, there are a few steps you can take to strengthen your case.
Taking the right steps after a pedestrian accident is critical to protecting your rights, strengthening your legal claim, and ensuring your recovery. Here’s what you can do to make sure your rights are protected and your compensation is maximized:
Your health and safety should always be your top priority. Even if your injuries seem minor, it’s essential to see a healthcare professional immediately. Some injuries, such as internal trauma or concussions, may not show symptoms right away but can have serious consequences if left untreated. Seeking prompt medical attention not only safeguards your well-being but also creates an official record of your injuries, which is crucial for your claim.
If you’re able, gather as much evidence as possible at the scene of the accident. Use your phone or a camera to take clear photos of the accident site, including your injuries, the vehicle involved, skid marks, road conditions, traffic signs, and any other relevant details. If there were nearby security or traffic cameras, make a note of their locations, as they may have captured the incident. This visual and contextual evidence can play a significant role in proving liability and the extent of your damages.
Exchange information with the driver involved in the accident. Obtain their full name, contact details, insurance information, driver’s license number, and license plate number. If there are witnesses, politely ask for their contact details and see if they are willing to provide a statement. Witness testimony can be a powerful tool in corroborating your account of the accident.
Call the police and ensure a report is filed. A police report provides an official account of the accident and can include important details such as preliminary determinations of fault, statements from witnesses, and road conditions at the time. Be sure to request a copy of the report for your records, as it can be instrumental in your case.
It’s important to avoid discussing fault or making detailed statements at the scene, whether to the driver, bystanders, or insurance representatives. Even casual remarks like “I didn’t see you” or “I’m sorry” can be misconstrued as admissions of fault. Stick to the facts and let your attorney handle any detailed communications about liability or causation.
Maintain thorough records of your medical treatment, including diagnoses, prescriptions, therapy sessions, and medical bills. Additionally, document how the injuries have affected your daily life — whether through missed work, inability to perform household tasks, or loss of enjoyment in activities you once loved. These records will be essential in calculating your damages and demonstrating the full impact of the accident.
Notify your insurance provider about the accident promptly, even if you don’t plan to file a claim with them. Provide basic details about the incident but refrain from giving recorded statements or speculating about fault. Your attorney can help ensure that all communications with insurance companies are handled strategically to protect your interests.
The most important step you can take to protect your rights and pursue the compensation you deserve is contacting an experienced pedestrian accident attorney. A lawyer will guide you through the complexities of the legal process, help gather and present evidence, and negotiate with insurance companies on your behalf. They’ll ensure you understand the full scope of damages available and advocate for your best interests every step of the way.
At Torgenson Law, we pride ourselves on providing compassionate, client-focused representation. When it comes to legal representation, we know you have options. Here’s what sets us apart:
Our team brings years of experience handling pedestrian accident cases, ensuring we have the knowledge and expertise to tackle even the most complex situations. We understand the legal nuances involved, from identifying all liable parties to navigating insurance negotiations and trial proceedings. With Torgenson Law, you have a team that knows what it takes to build a strong case and fight for the compensation you deserve.
No two cases are alike, and we never treat them that way. At Torgenson Law, we take the time to listen to your story, understand your unique challenges, and tailor our strategy to meet your specific needs. We believe in maintaining open communication throughout the process, ensuring you feel heard and empowered as we work together to achieve the best possible outcome for your case.
We’re not afraid to take on tough cases or stand up to powerful insurance companies that prioritize their profits over your recovery. At Torgenson Law, our personal injury lawyers take your fight personally. Whether through skillful negotiation or aggressive courtroom advocacy, we are unwavering in our commitment to securing justice for you and your family.
At Torgenson Law, we’ve built a reputation for excellence, transparency, and results. Our clients trust us to not only handle the legal complexities of their cases but to do so with integrity and compassion. When you choose us, you’re choosing a legal team dedicated to putting your well-being first.
If you or a loved one has been injured in a pedestrian accident in Marana, don’t navigate this challenging time alone. The legal process can be complex, but you don’t have to face it without support. At Torgenson Law, we’re here to guide you every step of the way.
Call us at 602-726-0747 or contact us online to schedule a free consultation. Let us help you focus on what matters most — your recovery.
