If you’ve been hit by a car while walking in Arizona, you’re likely dealing with a lot of things right now. There’s pain, medical bills, missed work, and the stress of figuring out what to do next. Do you know that you have the right to file a claim for compensation? However, making sure your claim is strong enough to get the maximum amount you deserve takes some effort. Insurance companies don’t just hand out fair settlements, so you have to be proactive. Here are some ways to build a solid pedestrian accident claim in Arizona:

Continue With Your Treatment Plan

Your health is the most important thing. Even if you feel okay after the pedestrian accident, you should stick with your treatment plan to heal properly. Plus, medical records serve as important evidence in your claim. Therefore:

• Take your medicines as your doctor instructed
• Go to your follow-up appointments
• Do recommended physical therapy exercises

By following the plan, you can manage your pain better and avoid any issues that might come up if you don’t treat your injuries. Keep in touch with your healthcare team so they can check on your progress and make changes if needed.

Moreover, some injuries like concussions or internal bleeding, don’t show symptoms right away.  If you wait too long to get checked, it can weaken your case. The insurance company might use this against you. They may argue that your medical issues were no longer caused by the accident or that they are not as serious as you say. 

In Arizona, medical expenses are a major part of your claim. Under A.R.S. § 12-542, you generally have two years to file a personal injury lawsuit. Thus, make sure you follow all medical advice and keep copies of bills, prescriptions, and doctor’s notes.

Keep Detailed Records of All Damages

To get fair compensation, you need to show the full impact of the accident on your life. So, keep detailed records of:

• Medical bills – Hospital visits, surgeries, therapy, medications, and any future treatment costs.
• Lost wages – Pay stubs or employer statements showing missed work and lost income.
• Pain and suffering – Maintain an accident journal documenting your physical pain, emotional distress, and how the accident has affected your daily life. 

These damages help determine how much your claim is worth. Arizona does not have a cap on personal injury damages. Therefore, you can recover both economic (medical bills, lost income) and non-economic (pain and suffering) damages.

Hire a Pedestrian Accident Lawyer

Insurance companies try to avoid paying big settlements. In fact, they have teams of adjusters and lawyers working against you. Therefore, having a pedestrian accident attorney levels the playing field. An experienced lawyer can:

• Gather additional evidence (traffic camera footage, expert witness testimony, accident reconstruction).
• Handle negotiations with the insurance company.
• Make sure you don’t settle for less than you deserve.
• File a lawsuit if needed.

Most personal injury lawyers in Arizona work on a contingency fee basis, meaning they only get paid if you win. This takes the financial stress off you while ensuring you have strong legal representation.

Avoid Talking to the Driver’s Insurance Company

After an accident, the driver’s insurance company will likely call you. They might sound friendly, but their goal is to minimize how much they pay you. They may ask for a recorded statement or try to get you to admit fault. You should not take the blame. If this happens, politely refuse to give a statement and let your attorney handle communications.

Arizona follows a comparative negligence rule (A.R.S. § 12-2505). This means your compensation can be reduced if the court finds that you are partially at fault. So let this be a warning: If an insurer can twist your words to make it seem like you were even a little responsible for your injuries, they will.

Preserve Evidence

The more evidence you have, the stronger your case will be. If you are physically able, try to gather the following at the scene:

• Photos and videos – Take pictures of the accident scene, your injuries, the car that hit you, any traffic signals, and weather conditions.
• Witness information – Get the names and contact details of anyone who saw what happened. Witness statements can back up your version of events.
• Driver information – Collect the driver’s name, contact info, insurance details, and license plate number.
• Surveillance footage – Check for nearby cameras that may have captured the accident, such as traffic cameras or security cameras from businesses.

If you were not able to do this at the time of the accident, don’t worry. A pedestrian accident lawyer can help track down evidence for you.

Prove Driver Negligence

To win your pedestrian accident claim, you must prove that the driver was negligent. This means showing that:

• The driver owed you a duty of care (all drivers must watch for pedestrians and follow traffic laws).
• The driver breached that duty (e.g., speeding, running a red light, driving distracted).
• That breach caused your injuries (you were hit and injured because of their actions).
• You suffered damages (medical bills, lost wages, pain and suffering).

Arizona law strongly protects pedestrians, especially in marked crosswalks. If the driver has violated traffic laws, such as A.R.S. § 28-792 (failure to yield to a pedestrian in a crosswalk), this can help prove negligence.

In addition, the state’s distracted driving law bans the use of handheld devices including mobile phones while driving. Ask your attorney for help if you suspect that the driver had been texting or using similar gadgets before the accident. Through a legal request, you can obtain phone records as evidence. 

Take Action Now

Remember, time is not on your side. Evidence can disappear, witnesses’ memories fade, and insurance companies may try to pressure you into a low settlement. The sooner you take action, the stronger your case will be. So, get medical care, document everything, and seek legal help as soon as you can. Our team of lawyers can assist you in filing a strong pedestrian accident claim so you can get the compensation you deserve.