Few accidents are more frightening than an accident that takes place between a pedestrian and a passenger vehicle. Pedestrian accidents tend to result in life-altering, expensive injuries. Tuscon roads are known for being some of the most treacherous for pedestrians in the entire state.
If you’ve been injured in a pedestrian accident and you know the driver was at-fault, then you will need help. You’ll need compensation to pay for your medical bills, to replace lost wages, and to deal with the life changes that can come with acquiring severe injuries. Pedestrian accidents are expensive! You will need this money to recover financially.
Let the Law Office of Tony Merchant help. We’ve helped hundreds of pedestrians recover millions of dollars for their catastrophic injuries, and we can help you, too.
The most common injuries in pedestrian accident cases include multiple broken bones, traumatic brain injuries, and spinal cord injuries. We’ve also seen internal organ damage, disfiguring lacerations, and conditions which cause lifelong disability. We’ve even seen injuries that have required amputations.
Many pedestrian accidents result in the death of the victim, leading to wrongful death cases. If you have lost a loved one in a pedestrian accident, call us for help.
Whatever your injuries are, our firm can represent you. We can make sure all of your hospital bills get paid, as well as get you money for long-term rehabilitative care.
According to the National Highway Traffic Safety Administration, the most common causes of pedestrian accidents are drivers who fail to yield the right of way, poor visibility, and DUI accidents.
Yet sometimes pedestrians are at-fault for these accidents as well.
The NHTSA also reports that many pedestrian accidents are the result of pedestrians themselves: failing to cross a roadway or intersection properly, failing to find and use crosswalks, or running into the road.
You’ve heard it again and again. “Pedestrians have the right of way!” Yet this isn’t always true. Pedestrians are bound to follow the same traffic laws as drivers, and if they fail to do so they can be found at-fault for the accident.
Arizona’s comparative negligence laws also ensure that pedestrians may be found at least partially at-fault for the accidents they’re involved in. This can reduce the amount of a settlement by the same amount.
In short? You can’t assume you have a winning case just because the person who hit you was in a car, and you weren’t.
You need a qualified, experienced personal injury attorney who will help you prove you were not at fault for the accident. Rest assured the driver’s insurance company will be trying to pin as much blame for that accident onto your shoulders as possible.
It’s worth it to them to do this even if they can’t prove you were 100% at fault for the accident. This is because Arizona’s comparative negligence laws save them money if they can prove you bore a percentage of the fault. Your eventual settlement amount can be reduced by the same percentage of fault.
If, for example, you were found to be 25% at fault and you win an $100,000 award then the insurance company will only have to pay $75,000. That’s a significant savings for them and plenty of incentive for them to fight as hard as they possibly can to shovel as much blame onto your shoulders as possible.
Even worse, they may try to claim the accident was unavoidable. For example it’s not uncommon for them to point to road conditions like darkness, rain, or fog while claiming their driver could not possibly have seen you in the roadway. If they do this successfully then you may have to pay all of your own expenses out-of-pocket.
Personal injury cases only help you when it’s possible to draw a clear line from someone else’s negligence to the consequences of your injuries. They aren’t meant to shield you from everything that could possibly go wrong in life. You need an attorney who can help you draw that line in a way that can’t be disputed. Then, and only then, do you maximize your chances of getting paid for your accident.
One way a Tuscon pedestrian accident attorney can help is by reconstructing the facts of your case.
Often, pedestrians who are injured in auto accidents aren’t in any position to collect evidence for their own case. They may be unconscious or bleeding out. Taking photos, gathering insurance information, and talking to witnesses can be impossible for these accident victims.
We’ve worked with hundreds of clients in the same position. We know exactly how to track down the facts of the case and to use them to your advantage.
Another way we help is by dealing with the insurance companies from the moment you call us in. If you call us in early enough we can even deal with the defendant’s insurance company for you.
This is a big advantage, because the driver’s insurance company is going to want to do everything in their power to harm your case. They may ask you leading questions in order to get you to say something which makes the accident seem to be your fault, or which makes it seem like the accident was unavoidable and so not their driver’s fault.
They may try to entice you to sign documentation that kills your case, or try to shut you up with a low-ball settlement that won’t meet all your expenses.
Often they just try to make you jump through hoops in the hopes that the 2-year statute of limitation runs out.
We deal with these companies every day and know how to handle them.
Finally, there’s the case itself. We handle the investigation, the depositions, and the gathering of evidence. We sit down with the defendant attorneys in settlement conferences and try to negotiate a fair settlement that actually meets all of your needs.
When that’s not possible? We’re your advocates in court. Arizona law allows juries to set the amount of compensation you receive, so you need a litigator who can tell a clear, compelling, and air-tight story to the jury, one that gets you paid.
Statistically you are 40% more likely to get any settlement at all by working with a qualified pedestrian accident attorney. Give your case its best chance of success by contacting a personal injury lawyer as soon as you are medically capable of doing so.
When you work with a personal injury lawyer to file your pedestrian accident claim you don’t have to worry about coming up with a big retainer or a large hourly payment. Personal injury lawyers work on contingency.
This means we don’t get paid unless your case is successful. Prior to taking your case you and the attorney agree upon a percentage of the settlement that the attorney will receive when the case is complete.
This is a win-win for you as it incentivizes your attorney to win as much for you as possible! It also meanes the attorney will handle all the up front investment into paying for expert witnesses, depositions, and other legal expenses.
It’s also a win for you because statistically, accident victims who work with an attorney get three to ten times more than those who try to handle their cases on their own, even after attorneys fees are accounted for.
This means that contacting a Tuscon personal injury attorney about your pedestrian accident case is 100% risk-free to you. All you have to do is find a knowledgeable, experienced pedestrian accident attorney who you feel comfortable trusting.
Every settlement is different. It’s impossible to predict what yours might look like without knowing all the facts of your case. However, it’s not uncommon to see pedestrian accident settlements of $500,000 or more.
Every settlement should consist of at least two types of damages: economic and non-economic damages. Some rare settlements will include punitive damages.
Economic damages cover all of your financial losses for the accident. This means they cover all of your hospital bills. If you had to miss work while you were recovering then they’ll cover your lost wages as well.
Economic damages may also include damages for future expenses.
For example, if you need long-term rehabilitation or medical care as a result of your accident your settlement should cover those projected expenses. If you have lost the ability to work entirely your settlement should include a figure for the amount of wages you would have earned for the rest of your working life, so that you can support yourself.
While your hospital bills are straightforward, future projected expenses are not. You’ll need an outstanding negotiator to make sure you can maximize your award in these areas.
Non-economic damages are more commonly known as “pain and suffering” damages. While the insurance lobby has done everything it can to lampoon these damages as “whining,” the fact is that the law recognizes that pain is real and that people should not have to suffer because someone else was negligent.
In Arizona, pain and suffering damages are calculated by setting a multiplier between 1 and 5. The multiplier increases as injuries grow more severe and as the impact on your life increases.
Your economic damages are then multiplied by that number to get to your pain and suffering award. So if you have $300,000 in economic damages and your pain and suffering multiplier is 3, you’ll have a pain and suffering award of $900,000, for a total settlement of $1.2 million.
Your attorney’s negotiation skills will play a huge role in what that multiplier will look like.
If your case goes to trial the jury gets to set the amount of your damages. You will rely on your attorney’s ability to tell a good, coherent, and compelling story at trial. Only 8% of cases do go to trial.
Punitive damages are the third type of damage, and they’re rare. You get punitive damages when someone intentionally caused you harm, when they took an action knowing that someone was likely to get hurt as a result, or when they acted with “evil intent.”
You might get punitive damages in a case where you were hit by a drunk or distracted driver. Or you might get them in a case where a person was driving at obviously reckless speeds, or took a car onto the road which they knew was not roadworthy. Yet even then it can be difficult to get these damages as Arizona courts are quite skeptical of them.
Ask your attorney whether punitive damages are likely in your case.
When you reach out to Tony Merchant you’re getting advice from a personal injury attorney who has spent 30 years protecting the interest of clients like you. Mr. Merchant has won millions for his clients in both personal injury and class action lawsuits. He’s got a long track record of getting solid settlements for his clients.
He’s also won numerous awards for excellence in his field, and has been published in prestigious law journals.
He’s responsive, caring, kind, and interested in helping you succeed.
To get started, schedule a case review by calling (480) 581-8801 today. Our offices are in Tuscon, but we serve clients throughout the state of Arizona, and we can help.