If a vehicle hits you while you are in or near a road or parking lot, you understandably expect to receive suitable compensation for your damages. If the other party claims they are not the one responsible for the accident, however, it can raise questions as to whether a pedestrian can be at fault for a car accident.
At Sargon Law Group, we proudly support Maricopa County residents as they navigate the stressful circumstances after a car accident. We can help you understand what happens next after a pedestrian accident and how the law determines fault in such a situation.
Can a Pedestrian Be at Fault for a Motor Vehicle Accident?
When most people think of pedestrian accidents, they might imagine negligent drivers speeding through a parking lot or running a red light. In these scenarios, it is likely that the reckless motorist would bear the entirety of the fault for hitting a pedestrian. However, there are also times when a pedestrian can be at fault for an accident as well.
The most common example of a pedestrian bearing fault for a motor vehicle accident is jaywalking. While motorists do have a responsibility to always be attentive behind the wheel, they cannot reasonably anticipate a pedestrian being in the street at unmarked locations. If it comes to light that a pedestrian was jaywalking at the time of an accident, some or all of the fault may fall on the pedestrian during insurance discussions.
What Constitutes Jaywalking in Arizona?
Arizona legal statutes include specific laws that apply when a pedestrian attempts to cross at a location other than a crosswalk. According to these laws, pedestrians must always yield the right-of-way to vehicles on the roadway when crossing anywhere other than a designated crosswalk. Pedestrians also may not, under any circumstances, cross between adjacent intersections at which traffic control signals are in operation at any place except a marked crosswalk.
Any act that violates these laws constitutes illegal jaywalking. The term jaywalking refers to any attempt to cross or walk across a roadway in any manner that is illegal or that exhibits disregard for approaching traffic. Jaywalking also constitutes a situation in which a pedestrian can be at fault for a traffic accident.
What Other Factors Contribute to a Pedestrian’s Fault?
While jaywalking is a catch-all term that encompasses many negligent pedestrian behaviors, there are also several nuanced factors that can contribute to a pedestrian’s fault in a vehicle accident. These factors include:
- Disregarding traffic signals
- Negligence fueled by intoxication
- Focusing on a phone or other distraction while crossing the street
If you are pursuing compensation for an accident that occurred while you were in the process of crossing the street, the burden may fall on you to prove that you were not guilty of negligence at that time. Our team at Sargon Law knows what tactics the insurance company may use to pin negligence on you, and we leverage that knowledge to give you the best chance of a favorable outcome.
How Can Pedestrians Prove They Are Not at Fault?
While a pedestrian can be at fault for a vehicle accident, there are certainly times when the driver should bear full liability for the collision. In such situations, you can prove your innocence by following the appropriate steps after your accident:
- Prioritize your well-being by seeking immediate medical attention and keeping thorough medical records
- Report the accident to law enforcement so you can request a copy of the accident report later
- Document the accident scene with photos and witness statements if it is safe to do so
- Involve your personal injury attorney early on in the process
Having strong evidence and documentation can ensure that your claim goes smoothly and favorably. Contacting your lawyer as soon as possible is also highly beneficial, as this guarantees that you will have an experienced support system to guide you and advocate for you every step of the way.
Does Comparative Negligence Apply in a Pedestrian Accident?
Arizona enforces a comparative negligence policy when it comes to recovering compensation for motor vehicle accident damages. Under this policy, a person deemed partially responsible for an accident can still receive compensation so long as the other party is also partially at fault. The amount of recoverable compensation decreases comparatively to the degree of fault assigned to you.
This means that, even though a pedestrian can be at fault for an accident, it is still possible for pedestrians to recover damages even if they share the blame. That is why it is important to pursue legal action even if you think that a court will find you partially at fault for your accident.
How Can a Personal Injury Lawyer Help Your Pedestrian Accident Case?
Pedestrian accidents have the potential to cause unrivaled catastrophic damage to those involved. If you suffered injuries in a pedestrian accident, you deserve the chance to focus on rest and recovery without having a burdensome legal case to worry about. Having the right legal team on your side means having someone you can trust to handle your accident claim while you prioritize healing.
A Phoenix car accident lawyer at Sargon Law Group can support your case by:
- Investigating the precise cause of your pedestrian accident
- Collecting evidence to demonstrate the other party’s fault
- Submitting your insurance claim and handling other paperwork
- Negotiating with the insurance company on your behalf
- Taking your case to trial if necessary
Keep in mind that the state of Arizona enforces a strict statute of limitations of two years for vehicle accidents. While recovery is your top priority, it is important to take action quickly so that you do not miss your window for securing compensation and so that evidence does not become lost to time. Our team can give you peace of mind by making sure that your case follows a workable timeline.
Contact Sargon Law Group After a Pedestrian Accident
A pedestrian can be at fault for an accident in Arizona, but that does not mean you should give up on your chance to receive compensation for your injuries. Our team at Sargon Law Group can help you understand your chances of receiving a favorable settlement for your claim, all without requesting any out-of-pocket fees unless we win your case. Contact us today for a free consultation with our Phoenix pedestrian accident attorney.