Getting struck by a vehicle while walking can be a traumatic experience, and you might wonder, can I sue if I was hit outside of a crosswalk? Accidents involving pedestrians often lead to severe injuries, regardless of where they occur.
If this happened to you, even if you were not in a marked crosswalk, you may still have the right to seek compensation. While Arizona law requires pedestrians to use crosswalks under certain conditions, liability in these cases isn’t always straightforward.
Multiple factors come into play, including driver negligence and local traffic laws.
Can I sue if I was hit outside of a crosswalk?
- Yes, you can sue—even if you weren’t in a crosswalk: Arizona’s comparative negligence law allows injured pedestrians to seek compensation, even if partially at fault.
- Driver responsibility still matters: Drivers must exercise due care and avoid hitting pedestrians, regardless of crosswalk presence.
- Fault is shared based on behavior: If the driver was distracted or speeding, their share of blame could outweigh yours.
- Evidence helps your claim: Police reports, medical records, witness accounts, and photos can support your case.
- Unsafe road design may help: Poor lighting, missing signage, or lack of nearby crosswalks can shift more blame to the city or driver.
- You may be entitled to multiple damages: This includes medical expenses, lost wages, pain and suffering, and possibly punitive damages.
- Talk to a lawyer before accepting a settlement: Insurers may try to reduce your payout. A pedestrian accident lawyer helps protect your rights and builds a stronger case.
Arizona Pedestrian Laws and Liability
Arizona has specific laws governing pedestrian behavior. For instance, pedestrians must yield the right-of-way to vehicles if they cross a street outside a designated crosswalk. However, drivers also must operate their vehicles safely and avoid endangering others, including those not in crosswalks.
Arizona Revised Statutes §28-794 states that drivers must use due care to avoid hitting pedestrians. This means that even if you were crossing outside a crosswalk, the driver might still share liability for the accident.
Liability in Arizona is determined under the concept of comparative negligence. With this approach, you can still recover compensation even if you were partially at fault, though your percentage of fault might reduce the damages you are awarded.
Being aware of these laws is mandatory, but it isn’t easy. Laws change, and the general public isn’t always aware. The only way to get the most accurate and up-to-date information is to consult an experienced Arizona lawyer.
Factors That Determine Fault
- Driver behavior
Drivers are expected to exercise a reasonable level of caution. If a driver was speeding, distracted, or impaired, these actions might point to their liability. Even outside of crosswalks, drivers must stay alert, especially in areas where foot traffic is common. - Pedestrian behavior
Courts will also assess whether your actions contributed to the accident. Were you jaywalking in a location where crossing is dangerous? Did you run into traffic without giving vehicles enough time to stop? These details help determine your level of responsibility, if any. - Environmental conditions
Weather, lighting, and road conditions can also affect liability. Poor lighting might make it hard for a driver to see someone crossing, and poorly placed or missing crosswalks could also contribute. - Location of the collision
Although crosswalks are designed to make crossing safer, many streets lack them in convenient locations. If you were hit while crossing in an area with no nearby crosswalks, and you crossed cautiously, this might strengthen your case for compensation.
Steps to Take After You’ve Been Hit Outside of a Crosswalk
After you’ve received medical care for your injuries, there are important steps to take in the days and weeks following the collision that could protect your rights and your ability to pursue a legal claim.
These steps can also help establish evidence to support your case.
1. Gather evidence
If possible, gather any available evidence to document the incident. Photographs of the accident scene, including skid marks, street signs, and your injuries, can be crucial. Surveillance footage from nearby businesses or traffic cameras may also provide valuable details about what happened.
2. Collect witness information
Witnesses can provide an independent account of the accident. This is especially helpful if bystanders noticed the driver doing something unsafe, such as looking at their phone or speeding. Be sure to write down the names and contact details of witnesses if you have the opportunity.
3. Obtain the police report
Request a copy of the police report filed after the accident. This document often includes important information, such as the officer’s observations, contact information for the driver, and their preliminary assessment of fault.
4. Document your recovery
Record how the accident has affected you physically, emotionally, and financially. Track your medical treatments, missed workdays, and any other consequences. This documentation can help support your claim for damages like medical bills, lost wages, and pain and suffering.
5. Consult with a medical professional
Even if your injuries seem minor initially, getting a thorough evaluation can uncover underlying issues that may not appear immediately. A complete medical record makes linking your injuries to the accident easier.
Types of Compensation You May Pursue
When pursuing a lawsuit after being hit outside of a crosswalk, several types of damages can be considered, depending on the circumstances of your case. Compensation typically falls into two categories:
Economic damages
Economic damages cover your financial losses. This includes medical bills (both current and future), lost wages, and costs associated with your recovery, such as physical therapy or assistive devices.
For someone hit by a vehicle, medical costs can quickly skyrocket, particularly if injuries like broken bones, head trauma, or internal injuries are involved.
Non-economic damages
Non-economic damages account for intangible impacts, such as pain and suffering, emotional distress, and loss of enjoyment of life. These types of damages acknowledge that the effects of being struck by a vehicle extend far beyond the physical.
Punitive damages
Although rare, punitive damages may be awarded if the driver’s actions were particularly reckless or malicious. Examples might include driving under the influence or fleeing the scene of the accident.
Challenges in Suing After Being Hit Outside a Crosswalk
Pursuing a lawsuit can be more complex if you were outside a designated crosswalk during the accident. Insurance companies often attempt to shift blame onto pedestrians, arguing that crossing outside a crosswalk was unsafe or unlawful.
Because of Arizona’s comparative negligence laws, their goal may be to increase your percentage of fault to lower the amount they have to pay. Additionally, large insurance companies often use aggressive tactics to minimize payouts.
They may push for a quick settlement that doesn’t fully account for your injuries, ongoing medical care, or other losses. This can leave you financially strained over time. Avoid signing documents or agreeing to a settlement offer without clearly understanding what full compensation might look like.
Supporting Your Claim with a Strong Argument
To build a strong claim, proving that the driver’s negligence played a significant role in the collision is essential. This often involves uncovering facts such as:
- The driver was texting, speeding, or otherwise distracted during the crash.
- The area lacked adequate crosswalks, making crossing elsewhere unavoidable.
- Nearby signage didn’t properly indicate pedestrian zones or notify drivers of potential foot traffic.
Evidence pieced together through investigation, witness testimony, and other records can demonstrate what truly caused the incident.
How Arizona’s Laws Compare to Other States
Arizona’s comparative negligence laws differ from those of states that follow a “contributory negligence” approach. Some states bar entirely recovery if a pedestrian bears any level of fault, no matter how small.
Fortunately, this is not the case in Arizona. Being partially at fault doesn’t eliminate your right to compensation. For this reason, it is worth pursuing a claim even if you were outside a crosswalk when hit.
An attorney familiar with Arizona pedestrian laws can help identify opportunities to minimize your liability while holding the driver accountable.
When to File Your Claim
Arizona sets strict time limits for filing personal injury lawsuits. Under the statute of limitations, you generally have two years from the accident date to file. Missing this deadline can prevent you from recovering any compensation.
Starting your claim early increases the chance of collecting necessary evidence and building a solid case.
Do You Really Need a Lawyer?
While it’s possible to file a claim without legal representation, doing so often puts you at a disadvantage when dealing with insurance companies or in court. The other party’s legal team will scrutinize your actions, looking for reasons to shift blame onto you.
Strong legal representation means you’ll have someone who can investigate the incident, negotiate with insurers, and ensure all evidence supports your case.
How Road Design and City Planning Affect Pedestrian Safety
How streets and intersections are designed can significantly affect pedestrian safety. Phoenix and neighboring areas often face challenges with sprawling urban layouts, leaving people without safe places to cross roads.
Long stretches of streets without marked crosswalks force pedestrians to cross in unmarked areas, increasing the risk of being struck by a car. Additionally, wide, multi-lane roads can make crossing harder for pedestrians, especially if traffic signals do not allow enough time for crossing.
Some neighborhoods also lack adequate signage to warn drivers of potential pedestrian traffic. Without such indicators, drivers may fail to slow down or stay alert in areas where people commonly walk. Poorly lit streets at night further compound the problem, making it even harder for drivers to notice pedestrians.
City growth and development in Phoenix have, at times, prioritized vehicle traffic over pedestrian needs. Sidewalks in certain areas may be missing or poorly maintained, forcing pedestrians to walk along the edge of busy roads. This puts both pedestrians and drivers in dangerous situations. Meanwhile, suburban and rural areas often lack pedestrian infrastructure altogether, leaving people with no choice but to cross where they can.
Addressing these issues requires careful planning and improvements to existing roadways. Factors like crosswalk placement, better lighting, and signage can make a significant difference. For those hit outside a crosswalk, such unsafe conditions may strengthen their case for seeking compensation.
The Long-Term Financial Implications of Pedestrian Accidents
Pedestrian accidents can lead to financial struggles that extend well beyond the initial recovery period.
Here are some common challenges that victims may face:
- Ongoing medical costs: Treatment often doesn’t end after the first hospital visit. Expenses for physical therapy, additional surgeries, or specialist consultations can accumulate over time.
- Lost wages: Serious injuries might prevent someone from returning to work for weeks or months. Lost wages during this time can make it difficult to cover daily living expenses or other bills.
- Reduced earning capacity: Permanent injuries might stop someone from performing the same type of work. They may need to switch jobs, work fewer hours, or stop working entirely, leading to long-term income reduction.
- Home modifications: Severe injuries may require changes to a living space, such as installing wheelchair ramps, grab bars, or stairlifts. These modifications can be costly and add to the financial strain.
- Long-term care needs: Victims with lasting medical conditions might need in-home care, specialized medical equipment, or even relocation to an assisted living facility. The price of these services can weigh heavily on a family’s financial situation.
Securing compensation for an accident should account for these challenges. A claim should include immediate costs and the long-term financial burdens caused by the injury. Accurately estimating these expenses is a key part of obtaining fair compensation.
Contact Gallagher & Kennedy for Guidance
If you were hit outside a crosswalk, don’t assume you have no options. Arizona’s comparative negligence laws often allow injured pedestrians to recover compensation, even when their actions are partially at fault.
At Gallagher & Kennedy, we understand your challenges and can help you explore your legal options. Call us today at (602) 530-8400 to learn how we can assist you.