Being hit by a vehicle as a pedestrian is a traumatic and life-altering experience. More often than not, pedestrian accidents result in serious injuries. Here is a quick guide on what you should do if you are a pedestrian accident victim in Arizona:
Ensure Safety and Call for Help
The very first thing to do after an accident is to prioritize safety. Move to a safe area if you are able to do so without causing further injury. Your well-being should be your main focus right now.
If you are injured, call 911 or ask someone nearby to call for help. Emergency medical responders will assess your condition and take you to the hospital if necessary. Even if you feel fine, please seek medical attention as soon as possible. Injuries such as concussions, internal bleeding, or soft tissue damage may not be immediately apparent but can worsen without treatment.
Your medical records will also serve as primary evidence if you decide to pursue a personal injury claim. Therefore, you must:
- Follow all medical advice
- Attend follow-up appointments
- Document your symptoms
- Be consistent with your treatment plan
Report the Accident
In Arizona, drivers involved in an accident that causes injury are legally required to report it to law enforcement (A.R.S. §28-663). Upon arrival, the police officer will create an accident report. This document contains information that you will need when you file a case:
- Details about the incident
- Witness statements
- Any citations issued
If the driver leaves the scene, the police will investigate the hit-and-run. Therefore, be honest when speaking with law enforcement but stick to the facts. Moreover, do not say anything about who is at fault; that will have to wait until the situation has been fully investigated.
Collect Evidence at the Scene
If you are physically able, collect as much evidence as possible before leaving the accident scene. Take photos or videos of:
- The vehicle that hit you, including its license plate
- Your injuries
- The surrounding area, including crosswalks, traffic signals, or any road hazards
- The driver’s insurance and contact information (if they are cooperative)
If there are witnesses, ask for their names and contact details. Witness statements can provide valuable support for your case.
Do Not Admit Fault
As mentioned earlier, do not admit fault. While it is natural to feel shaken or apologetic after an accident, please resist the urge to admit fault or make speculative statements. Arizona follows a comparative negligence system (A.R.S. §12-2506). This means the court may reduce your compensation if it finds you partially at fault for the accident. For example, if you cross the street outside of a crosswalk, you may share some responsibility; even if you are a pedestrian accident victim. However, even if you are partially at fault, you can still recover damages proportional to the other party’s degree of fault.
Understand Arizona’s Fault-Based System
Arizona is a fault-based state, which means the driver’s insurance is generally responsible for covering damages when they are at fault. As a pedestrian accident victim, you can file a claim with the driver’s insurance company to seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
However, insurance companies often try to minimize payouts. They may argue that you were partially or entirely at fault for the accident. This is why gathering evidence and consulting an attorney is so important.
Consult a Pedestrian Accident Lawyer
Most accident guides would probably advise you to contact insurance companies immediately. However, we recommend that you first speak with a trusted personal injury attorney – one who specializes in pedestrian accident cases. You see, it can be hard to deal with insurance companies. Moreover, finding your way through Arizona’s legal system can be stressful, especially if you are still healing from injuries. An experienced pedestrian accident lawyer can handle negotiations with insurance companies. He/she can also gather additional evidence and represent your interests in court if necessary.
If you’re worried about the legal expenses, most personal injury attorneys in Arizona work on a contingency fee basis. This means they only get paid if you win your case. Hence, this arrangement will allow you to pursue justice without worrying about upfront legal costs.
Notify Your Insurance Provider
Upon the recommendation of your lawyer, you may notify your health insurer about the accident to seek coverage for your medical expenses. If you carry auto insurance, your uninsured or underinsured motorist coverage may apply even though you were a pedestrian. This type of coverage can help pay for medical bills and other damages if the at-fault driver does not have adequate insurance.
Follow Through on Medical Treatment
If you’ve been injured, follow your doctor’s treatment plan. Failing to attend follow-up appointments or ignoring medical advice could harm your health. Also, it may weaken your personal injury case. Insurance companies may argue that you weren’t as injured as you claim if you don’t adhere to your treatment plan.
Document Your Recovery and Losses
Keep detailed records of all accident-related expenses and losses. This includes:
- Medical bills
- Prescription receipts
- Lost income due to missed work
- Transportation costs for medical appointments
Also, document how the accident has affected your daily life, such as limitations on physical activities or emotional distress. For this purpose, we recommend our free accident journal. Use this to easily and regularly record the post-accident effects on your life. This information can help your attorney calculate fair compensation for non-economic damages like pain and suffering.
File Your Claim on Time
In Arizona, you have a limited time to file a personal injury claim. The statute of limitations for personal injury cases is two years from the date of the accident (A.R.S. §12-542). If you miss this deadline, you may lose your right to seek compensation. If the at-fault party is a government entity (e.g., a city vehicle or bus), you must file a formal notice of claim within 180 days, so act quickly.
Stay Informed About Arizona Pedestrian Laws
Familiarizing yourself with Arizona’s pedestrian laws can help you understand how fault is determined. For example:
- Pedestrians must use crosswalks when available (A.R.S. §28-793).
- Drivers are required to yield to pedestrians in crosswalks (A.R.S. §28-792).
- Both pedestrians and drivers are expected to exercise reasonable care to prevent accidents.
Being hurt in a pedestrian accident is a life-changing experience. But, taking the right steps can make a big difference in how quickly you heal and how your case turns out in court. So, follow this guide to protect your rights as a pedestrian accident victim and hold the negligent driver accountable. By staying informed and proactive, you can focus on getting better and deal with the legal process effectively.