INJURED IN A PEDESTRIAN ACCIDENT?
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WHY CHOOSE US TO BE YOUR ARIZONA PEDESTRIAN ACCIDENT LAWYER
AWARD WINNING PEDESTRIAN
What Our Clients Say
“During my career, I have been privileged to work with the top lawyers in the country and in the world. Most recently, I am working with a national company that funds medical care for those injured in motor vehicle accidents, and I have become acquainted with the top lawyers across the country in the personal injury market. In that capacity, I have been privileged to get to know Nathaniel “Nate” Preston, and the team of lawyers and staff at Warnock MacKinlay Law in Arizona. I can state without reservation that if I needed a personal injury attorney in Arizona, I could call a premier law firm like this one.”
-F. Lee Baily, Famous Attorney For the Defense of O.J. Simpson
“We have worked with Nate Preston and his team at Warnock MacKinlay Law for years. We could not ask for a better partner. They are thoughtful, smart, hardworking, and above all else good people. Whether you are a client looking for representation or a lawyer looking to refer a case, I highly recommend Warnock MacKinlay Law.”
-Todd Richheimer, Managing Partner at Lawfty Law
“The lawyers at Warnock MacKinlay Law are skilled litigators who I trust to effectively prosecute claims and get results.”
- Nicholas Bender, Partner at Bender Day Cullimore
“As a partner in one of the larger law firms in Arizona I have had the pleasure of working with Nate Preston and the attorneys at Warnock MacKinlay Law for over four years on a substantial basis. Their professionalism, attention to detail, understanding of the personal injury/automobile accident industry and concern for clients is second to none. Without hesitation, I would recommend Warnock MacKinlay Law to any client or other law firm seeking quality representation and great results.”
-David Bacon, Partner at Davis, Miles, McGuire and Gardner
“Nathaniel is an extremely knowledgeable personal injury attorney and a strong advocate for his clients. I do not hesitate at all in endorsing him.”
-Alexander Silkman, Founder Silkman Law Firm
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COMMON PEDESTRIAN ACCIDENT INJURY QUESTIONS
In personal injury cases, Arizona follows a “comparative negligence” rule. This implies that the total compensation a party can recover depends on his or her percentage of fault.
For instance, if a pedestrian was found to be 20% at fault in a pedestrian accident and the driver was 80% at fault, the pedestrian would be able to recover $80,000 from a total damages of $100,000.
The following parties may be held liable for a pedestrian accident:
- The Driver
- The Pedestrian
- Local Government
- Private Property Owner
There is no doubt that you will feel very overwhelmed and stressed if you are involved in a pedestrian accident in Arizona. Notwithstanding, there are several things you must do immediately after a pedestrian accident so that you can get the most money possible for your accident injuries.
- Hire an experienced pedestrian accident lawyer immediately. Call us now at 602-600-6427 to schedule your FREE Consultation.
- Do not discuss your pedestrian accident case with anyone. If a representative from any insurance company or an investigator tries to question you or any family member about your case, please find out their name, the company name and who they represent and refer them to our office immediately. Never give them any information or sign any papers.
- Stay off social media. If you use any form of social media (i.e. Facebook, Instagram, Snapchat, FitBit, Health Apps, Blogs, etc.), it is important that you do not post anything regarding your accident and/or injuries, and maintain a private profile. Anyone who seeks information from you may represent an insurance company or adverse party. Information you disclose could harm your pedestrian accident case.
- Save all the evidence from the pedestrian accident scene, including a copy of the police accident report, photos or videos, and the names and contact information of any witnesses.
- Get treatment and make sure you follow all your doctor’s recommendations.
- Advise your doctor of all medical complaints, including minor ones, so your medical condition can be properly documented and evaluated. This will allow you to achieve a speedy recovery and prevent the insurance company from claiming that your medical issues were caused by our failure to follow doctor’s orders.
- Make a written list of your accident injury symptoms, no matter how minor. This will prevent problems with minor issues that may get worse by not being considered as part of your accident-related injuries. It is also recommended that you keep a record of your pain levels, at least weekly or when there are any significant changes, and any activities you cannot do as a result of your accident.
- DOWNLOAD ACCIDENT JOURNAL.
- Do not give a written or recorded statement to the insurance company. All communication should be handled by your pedestrian accident lawyer.
Generally no. You should NEVER speak with representatives from the other party’s insurance company, unless we have authorized you to do so. Always remember that you should not discuss the facts of the accident or your injuries with anyone other than your pedestrian accident lawyer.
If a representative contacts you, politely tell them that you have retained an attorney to represent you. The representative should then contact us and never contact you again. If they do, please notify us immediately and we will file a complaint with the Department of Insurance because it is unfair claims practice for an insurance representative to contact a party knowingly represented by an attorney.
You may be tempted to post messages, photographs, or videos to social media when you have been injured in an accident, but you should try to resist the urge for the sake of protecting your personal injury claim. It was revealed in an article posted in 2015 by the Huffington Post that the first place insurance companies look when investigating accident and personal injury claims is on social media accounts like Snapchat, LinkedIn, Twitter, Facebook, and Instagram. Insurance companies will look you up on Google for any posts they can use to deny you compensation and discredit your claim. You may think your social media posts are “private,” but an insurance company can still find a way to gain access. The best thing to do to protect your case is to deactivate your social media accounts altogether.
Generally, the answer is “No”. Remember, the insurance company does not work for you – they work for the individual who caused your accident. Oftentimes, even before you obtain medical attention and assess the extent of your injuries, you may be contacted by a claims adjuster who will make you a ridiculous, low-ball offer. They are hoping you will accept this offer before you understand the full extent of your damages.
Many people accept these types of offers and sign a release, only to find out further complications “down the road”. Tough Luck. In most states, including Arizona, a release is worded in such a way as to make it almost impossible to ever seek any further compensation after you sign, even if you find your injuries are much worse than you ever anticipated. You shouldn’t agree without first consulting a good Arizona pedestrian accident attorney.
Insurance companies have teams of lawyers and adjusters representing the person who caused your accident and they will do everything possible to reduce the value of your claim. Facing such a team of skilled professionals without having your own legal representation is unwise. It is possible to pursue your claim alone, but you will literally be at the insurance company’s mercy.
The insurance company will make you only a small offer or will simply deny your claim altogether. Unless you are well-trained in the law and understand your legal rights, it will be very difficult to combat the insurance company all on your own and know which avenues you should pursue. Each attorney at our firm is a well-trained, skilled pedestrian accident attorney for Arizona. We know the law here and have negotiated against insurance companies many times successfully.
IMMEDIATELY. Hiring experienced pedestrian accident lawyers, like those at Warnock MacKinlay Law, is vital if you are injured in a pedestrian accident. Unfortunately, we see so many victims attempt to represent themselves and generally fail miserably for a number of reasons. Studies have shown that a claimant who is represented by legal counsel “nets” (after medical bills and attorney fees) in excess of 300% more money than those who handle their own claim. The only thing more important than hiring a qualified lawyer after a pedestrian accident is seeking medical attention, and the lawyers at Warnock MacKinlay Law can help you with a good, competent accident doctor.
Generally, the statute of limitations for most personal injury claims is two years. This means that you have two years from the time the accident occurred to file a claim against the responsible party. If you wait longer than two years, you waive your right to obtain any compensation for your claim. If you have a claim against a public entity (government), you must make a claim within 180 days from the date of the accident or your rights are waived.
It is almost impossible to determine how much time it will take to resolve your case because every case is different. Cases that settle prior to filing a lawsuit typically resolve more quickly than those that go to trial. At Warnock MacKinlay Law, we will do everything we can to obtain the maximum compensation possible in the shortest amount of time. A typical timeframe for cases to settle is two to four months after your medical care is complete, but those dates can be shorter or longer depending on many factors.
No. We make it easy to afford an attorney if you have been injured in a pedestrian accident. We do not charge any fee whatsoever for an accident consultation. In fact, we do not charge any attorney fees unless we are successful in recovering money for you. Even if there are costs involved, such as investigation, medical records, medical reports, deposition fees and the like, we will advance those monies for you until your case is resolved. We will even refer you to doctors who will not demand payment until the case is resolved. It is our job to make the resolution of your case as easy for you as possible.
Absolutely. There was a study done that looked at accident victims that found that people receive 3.5 times higher payouts after accidents when they have a lawyer, even after the personal injury lawyers payment is subtracted. Also, Arizona personal injury lawyers can take a lot of work away from a victim who needs to focus on their recovery.
Of course. If you are unhappy with your current lawyer for whatever reason, feel free to reach out. We actually get a lot of cases who are individuals who weren’t being taken care of properly by their previous attorneys.
Yes. It is VERY important that you follow all doctors’ instructions. Please be certain that you see your doctor as he or she directs, and not miss appointments, so you can achieve a speedy recovery. If at any time you consider ceasing treatment before you are released, whether for reasons of financial inability to continue, work schedule, etc., please let us know before you miss appointments. Although we in no way direct medical care, we want to make sure you have the ability to see a doctor who can work with you under your circumstances. The insurer can only determine the severity of your injuries if they are treated by your doctor and any symptoms or injuries you are experiencing should be reported to your doctor and treated.
If you do not have health insurance, please speak with your attorney or paralegal and they will assist you in finding health care providers who will wait for payment until your case is settled.
The amount of money you will ultimately recover depends on a variety of issues, the most important of which is the nature of your injuries caused by the accident and the comprehensive medical treatment you receive for those injuries. At Warnock MacKinlay Law, we will help you seek reimbursement for any or all of the following:
- Medical expenses
- Lost income
- Lost earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Loss of love and support
- Mental and emotional distress
- Disfigurement and scarring
- Permanent impairment and disability
- Property damage
At Warnock MacKinlay Law, we are experts in building value for your injuries and obtaining the best financial result possible without having to go to trial. In the cases that a lawsuit is necessary, most are resolved before a trial occurs. The likelihood that a case settles or goes to trial depends on the facts of each case. If an insurance company contests liability (fault) or the value of your case, there is a greater chance that your case will go to trial. Our staff has more than 100 years of combined experience; thus, we know how to represent you. It is important to have a lawyer representing you who the insurers know will file suit if necessary, as that increases the likelihood of obtaining a good settlement value through negotiation. The insurers know which firms will file suit and which will not do so.
An Arizona pedestrian accident lawyer will thoroughly examine the circumstances surrounding your case to accurately identify the at-fault party. Some of the common causes of pedestrian accidents in Arizona are:
- Defective crosswalk designs and locations
- Negligent observations of traffic flow
- Faulty traffic signals
- Insufficient street lighting
By investing in the knowledge and experience of an Arizona pedestrian accident lawyer, you will benefit from a professional perspective that can identify where the cause and effect originated. In addition, your attorney will recommend the best course of action for you to consider.
Being involved in a pedestrian accident can be stressful, especially if the at-fault driver flees the scene of the accident. If you have been involved in a hit-and-run accident, the safety of everyone involved is the top priority.
- Dial 911 and file a police report or accident claim immediately. The official accident report will assist police in locating the missing driver and will be helpful when you file your accident claim with the insurance company.
- Write down as much information as possible about the hit-and-run driver and vehicle, including the license plate number; make, model, and color of the vehicle; the direction the hit-and-run driver was headed; and the location, date, time and cause of the accident.
- Ask witnesses if they can provide any information about the hit-and-run driver and the accident and obtain their names and contact information. Even if you cannot locate the hit-and-run driver after the accident, you may still be able to receive compensation for your vehicle and injuries.
- Contact an experienced pedestrian accident lawyer immediately and they will assist you in filing a claim.