Every year in the city of Tucson, pedestrians are involved in accidents with motor vehicles. Some of these collisions lead to pedestrian death and many who survive have serious injuries. A significant portion of these crashes are due to the driver’s negligence. According to Arizona Revised Statutes (ARS) 28-794, drivers must exercise due care to avoid colliding with a pedestrian.
More information about pedestrian rights:
Who is a Pedestrian in Arizona?
The state of Arizona has many statutes defining and protecting pedestrians. By law, a pedestrian is any person traveling on foot. The definition also includes any person who uses an electric personal assistive mobility device or a motorized or manual wheelchair, provided that wheelchair does not qualify as a bicycle. A personal assistive mobility device, defined in ARS 28-601, is a self-balancing, non-tandem, two-wheeled device. They are powered by an electric propulsion system that limits the device to fifteen miles per hour or less. In addition, these devices transport only one person. An examples of this type of device would be a Segway.
Pedestrians and Crosswalks
Pedestrians have the legal right to cross the street at practically all intersections, even if there is no marked crosswalk present. By Arizona law, unmarked crosswalks are where the imaginary lines of the sidewalk cross the road. At these crosswalks, the driver is responsible for making sure they are aware of their surroundings and pedestrians have the right of way.
At pedestrian crossings, drivers must also exercise extreme caution when coming alongside a slowed or stopped vehicle. Per ARS 28-792, it is against the law to pass a vehicle stopped at a crosswalk.
Motorists Must Exercise Due Care
There are many ways a driver can fail to exercise due care to avoid colliding with a pedestrian. Actions like speeding, distracted driving, cutting people off, driving while intoxicated, or failing to reduce speed during poor visibility or in poor driving conditions can all contribute to an unfortunate accident.
Driver carelessness could lead to a lifetime of pain and anguish. This is especially true for pedestrian accidents which are often more severe. A pedestrian struck by a motor vehicle traveling at 20 miles per hour (MPH) has a 95% chance of survival, but the survival rate drops to only 16% for those struck at 40 MPH.
Drivers must clearly communicate to pedestrians by using turn signals when turning or changing lanes and should sound their horn only when necessary. Motorists must also practice extreme caution while driving in parking lots. Additional care is also necessary in areas such as schools and hospitals where children, the elderly, or those who are incapacitated or confused may be present.
Were You or a Loved One Injured by a Careless Driver?
While sometimes it is easy to determine the reason why there was a collision between a motorist and a pedestrian, it is important to contact an attorney immediately after. The motorist, their insurance company, and others involved rarely have your best interest at heart. It is important to rely on an experienced lawyer to determine who is at fault and to help you receive the compensation you deserve.
With decades of personal injury law experience, Grabb and Durando know how to handle pedestrian injury cases. We will not stop until you have received the best possible results. You deserve the maximum compensation for every way the injury has impacted your life. We will help you recover medical expenses, pain and suffering, and lost wages. Rely on us for clear, honest, and open communication.
