Arizona Accident Lawyer Blog

When somebody has been injured while they are crossing the street or standing on the side of the road, they are often at a loss as to what type of lawyer they need to hire. Are they better off hiring a car accident attorney? Or is it best to find a pedestrian accident lawyer? The reality is that we believe you should find the best Arizona injury lawyer you can find. Almost all the top lawyers have extensive experience in dealing with both helping car accident victims and helping people who have been injured as a result of a negligent driver while they were walking along the road.

Many people ask if there are differences between helping people who have been injured as pedestrians versus helping people who were in a car when they were hurt. Yes, there are differences. There are laws that apply to pedestrians that do not apply to vehicles. Moreover, we very often see a bias among people who could end up on the jury against people who are pedestrians. In fact, we have seen times where that bias even filters down to the investigating police officer. This is not done intentionally in almost any case, but we often see a predisposition to blame the injured person who was walking along the side of the road even if a clear evaluation of the facts should lead to putting more blame upon the vehicle involved.

Continue reading "Do I Need a Pedestrian Accident Lawyer or a Car Accident Lawyer?" »

As personal injury lawyers in Glendale, we’ve seen our share of pedestrian accident cases where a pedestrian is trying to cross the street and is hit by a car. Clearly, being involved in this kind of accident can lead to major injuries for the pedestrian. Even if the car is moving slowly, it still weighs thousands of pounds and can cause major damage to the unprotected human body. After all, there’s nothing to shield the pedestrian – no air bag to cushion the blow and no seatbelt to hold them in place. So in these kinds of accidents, there is almost always serious harm done to the pedestrian involved.

That said, there are certain kinds of pedestrian accidents that we seem to see time and again. One of the most common kinds of pedestrian accidents happens when the driver of the car involved doesn’t look right before turning and hits a person. The driver may be turning at an intersection or they could be coming out of a driveway. Whatever the situation, they look left to check for traffic and pedestrians, but fail or forget to look right before turning.

Unfortunately, in many pedestrian accident cases in Glendale – and throughout Maricopa County – the driver of the vehicle doesn’t immediately take responsibility for their actions. Instead of saying that the accident was their fault, they claim that the pedestrian came out of nowhere and caused the accident. We’ve seen negligent drivers try and use this defense in pedestrian accident cases time and again.

As the pedestrian, you have the right of way and even if you weren’t at fault in the accident, you need to be able to prove your claim. You need to gather evidence, such as testimonies from eyewitnesses who saw what happened. That’s why it’s so critical to hire a personal injury attorney who is experienced in Glendale pedestrian accident cases. An attorney who knows what they’re doing will be able to quickly gather critical evidence that will be vital in proving your personal injury claim.

Continue reading "Pedestrian Accidents Caused by Drivers Failing to Look Right Before Turning" »

Too many times, people who are just walking along on our sidewalks or crossing our streets are injured severely just because someone driving a car was not paying attention. Arizona Revised Statutes ARS 28 791 and ARS 28 792 both deal with pedestrians in a crosswalk. Those who cross a street somewhere other than a crosswalk are discussed in Arizona Revised Statute ARS 28 793. It should be noted, however, that Arizona Revised Statute ARS 28 794 requires drivers of motor vehicles to exercise due care.

Too often a pedestrian that is injured seriously needs to overcome an initial reaction that blames the person who was walking, even in cases where the driver of the vehicle may have been negligent.

As a seriously injured accident victim in Mesa must first prove his or her personal injury case, it is often a vital first step to find a top injury lawyer in the greater Phoenix metro. An experienced Mesa car accident attorney can help a pedestrian injured by a vehicle decide on the best course of action for a claim.

Continue reading "Motorists Not Paying Attention Put Pedestrians at Risk" »

Too many times, people who are just walking along on our sidewalks or crossing our streets are injured severely just because someone driving a car was not paying attention. Arizona Revised Statutes ARS 28 791 and ARS 28 792 both deal with pedestrians in a crosswalk. Those who cross a street somewhere other than a crosswalk are discussed in Arizona Revised Statute ARS 28 793. It should be noted, however, that Arizona Revised Statute ARS 28 794 requires drivers of motor vehicles to exercise due care.

Too often a pedestrian that is injured seriously needs to overcome an initial reaction that blames the person who was walking, even in cases where the driver of the vehicle may have been negligent.

As a seriously injured accident victim in Mesa must first prove his or her personal injury case, it is often a vital first step to find a top injury lawyer in the greater Phoenix metro. An experienced Mesa car accident attorney can help a pedestrian injured by a vehicle decide on the best course of action for a claim.

Continue reading "Motorists Not Paying Attention Put Pedestrians at Risk" »

Yesterday we discussed some significant and common factors that are examined when establishing where the fault of a pedestrian accident falls. To further demonstrate why it is so important to hold those who were negligent in causing a pedestrian accident in Arizona liable for their actions, the following points illustrate pedestrian accident and injury data.

• In 1998 in the United States, 5,220 pedestrians died from traffic-related injuries and another 69,000 pedestrians sustained non-fatal injuries.
• Pedestrian fatalities are the second-leading cause of motor vehicle-related deaths, following occupant fatalities. Pedestrian-related fatalities account for about 13% of all motor vehicle-related deaths.
• On average, one pedestrian is killed in a traffic crash every 101 minutes in the U.S.
• Hit-and-run pedestrian crashes account for one out of every six pedestrian deaths.
• Pedestrian deaths, expressed as a rate per 100,000 people, has decreased 43% from 1975 to 1998. Factors contributing to this decrease may include more and better sidewalks, pedestrian paths, playgrounds away from streets, one-way traffic flow, and restricted on-street parking. Some of the reduction is also likely due to the decreasing amount of time Americans spend walking.
• Alcohol is a major factor in adult pedestrian deaths. In 1998, about one-third of pedestrians 16 years or older who were killed by a motor vehicle were legally intoxicated with blood alcohol concentrations (BAC) of 0.10 % or more. Looking only at nighttime crashes, the percentage of pedestrians who were legally intoxicated jumps to 52%.

Continue reading "Pedestrian Injury Data Worth Noting" »

In the first article of our Pedestrian Injuries: Who’s at Fault? series, we will be discussing one of the main questions of concern for those who have been injured in a pedestrian accident: How is negligence determined so that fault can be proven?

In determining who is negligent, an attorney will take the following factors into account:

• Were you paying attention to traffic when you crossed?


• Were you jaywalking or crossing in a designated crosswalk? (Generally speaking, pedestrians have the right of way as long as they are crossing in a crosswalk or a designated area.)


• Did the car run a red light?

Another important factor to look at when determining negligence is whether there was a child involved. Because children cannot drive and may not be fully aware of the dangers of traffic, they are at special risk for a pedestrian accident. In fact, in 1998 alone, among children between the ages of five and nine who were killed in traffic crashes, 25% were pedestrians.

Continue reading "Determining Negligence in Pedestrian Accidents" »

As this article points out, it can be very dangerous to simply walk along the city streets of Phoenix. A driver is now facing felony charges for not stopping after a pedestrian accident in Phoenix. The injured victim is being treated for life-threatening injuries for walking on a sidewalk. This is a sad fact that accident lawyers in Arizona see on a regular basis when it comes to pedestrian accidents.

Most people who are hurt when they are walking down the street do not know what rights they have. First, they obviously have a right to make an insurance claim in Arizona against the driver who hit them. If the driver who hit them has no insurance, or does not have enough insurance, most pedestrians do not realize that they have a right to bring a claim against their own automobile insurance coverage. Yes, we can repeat that; if somebody is not in their car at the time that they are hit and injured in a car accident while they are walking, their own uninsured motorist coverage and underinsured motorist coverage will almost always apply to protect them.

You do not have to be in your car to be protected by your Arizona automobile insurance policy in almost any case. Whether it takes a lawsuit against the person who caused the accident, or whether it takes a claim against someone's own insurance company after they were hurt, depends on many factors and requires the help of an experienced Phoenix insurance coverage lawyer.

If you or anybody you know needs an experienced lawyer or certified specialist in injury and wrongful death litigation because of an injury suffered as a pedestrian or in a car accident, please feel free to give us a call at Breyer Law Offices, P.C. Even if you haven’t decided to hire our firm or even another attorney, if you just want your questions answered so you can make the best possible decision after obtaining the answers to your questions, we are more than happy to explain to you what can and cannot be done in the pursuit of your claim. Call 602-978-6400 today for a free consultation with an experienced Phoenix personal injury attorney.

Another pedestrian has been killed by a vehicle as recently reported in an article from abc15.com. Experienced Phoenix personal injury lawyers have to see these unfortunate cases on a regular basis. In this particular incident, it was yet another hit-and-run pedestrian accident in Arizona. Maricopa County Sheriff Detectives are still investigation the accident and looking for the driver who killed the unidentified victim.

When unexpected tragedies strike, not only do families suffer the loss of a loved one, but a time of financial struggle may wait ahead. Far too many people do not realize the risk in assuming that they have “full coverage” for their automobile insurance, when in reality, they don’t. Full coverage means something different to everybody. There is no real definition of it. Therefore, it is important to follow up on the particulars when an accident occurs. And it is especially important to take responsibility for causing an accident in the first place. For instance, a pedestrian who's struck by a car that leaves the scene of a pedestrian accident in Arizona may be thought to have no insurance options. However, if that person owns a vehicle or even lives with a family member that owns a vehicle that has uninsured motorist coverage, then the pedestrian would be protected.

It is a surprise to most people that uninsured motorist coverage protects people even when they are not in their car and even if they don't even own a car but live with a family member that does. The most important question to ask when buying your auto insurance is whether or not you have the highest possible limits of uninsured and underinsured motorist coverage so that if you have to bring an Arizona auto insurance claim, you are protecting yourself and your family members later. It is one of the cheaper forms of the insurance that you can purchase and it is also probably the most important part of any insurance policy and any future accident or injury claim made.

If you have any questions about a recent pedestrian accident or auto accident relating to an Arizona uninsured or underinsured motorist claim, please feel free to contact us at Breyer Law Offices, P.C. We specialize in personal injury and wrongful death throughout the state of Arizona and would be happy to discuss your case with you. Another person’s negligence resulting in your injuries makes you a very likely candidate to receive compensation for medical bills, hospital stays, treatment, loss of wages, and much more. Call us today for a free consultation.

According to a recent and tragic report, an elderly couple was killed at the same time when they were hit by a vehicle that appeared to be speeding. This pedestrian accident is not only heart-wrenching, but it happens far too frequently. Much too often, Arizona drivers forget that they share the road with people who are crossing the street. Arizona drivers become too casual and stop being vigilant about looking around and making sure that they are not going to cause serious injury to somebody who is walking on the sidewalk and about to cross the street through a crosswalk or elsewhere.

However, there are also very real difficulties for somebody who was injured while they were a pedestrian. We suspect that if you asked every one of the best pedestrian accident lawyers and car accident lawyers in Phoenix, Arizona, they would almost all agree that there is a certain suspicion of the pedestrian when cases go before a jury. Insurance companies will use this to their advantage and try to pay many pedestrians less than they are entitled to. The angle used is to have the jury or the driver recall times where a pedestrian cut in front of them or did something dangerous that concerned them.

An absolutely necessary first step to receiving fair compensation is making sure that the best possible lawyer is available on the case when you or someone you know has been hit by a car while walking across the street or while standing on the sidewalk is. Even for those who aren't sure that they want to bring a claim, it can help to get answers that you deserve to know by calling an experienced Tuscon personal injury lawyer so that you and your family can make the best possible decision having all the needed information. There is nothing wrong with making the decision not to proceed with a possible lawsuit or insurance claim, but there is no excuse for not at least making a free phone call, taking some time and gathering the information so that it is an educated and good decision in regards to whether to bring an accident or injury lawsuit in Arizona. Call Breyer Law Offices, P.C. today at 602-978-6400 for a free consultation of your pedestrian or auto accident case.

Every year the most skilled personal injury lawyers in Phoenix find themselves helping runners who are hit by cars. All too often, the runners were not at fault. Instead, they were out for their run and doing everything that they were supposed to do - they were following the law. However, runners and other pedestrians following the law is not enough – drivers must follow the law as well if accidents are to be prevented.

As we know all too well from helping those who have been seriously injured, a negligent driver can be completely at fault for injuries inflicted in a pedestrian accident in Arizona or auto accident in Phoenix. For the person who is out running or walking and trying to stake that or prepare for races – or whatever their goal may be – the injuries they suffer are no less painful or debilitating. For families suffering the loss of a loved one due to the negligence of a driver, nothing brings their family member back simply because the runner was not at fault.

Therefore, we take this opportunity as experienced personal injury lawyers in Arizona who help pedestrians and runners throughout Arizona, to remind everybody to follow some key safety tips that we have found in an authoritative account.

Some of these safety tips to avoid being seriously injured by a motor vehicle while running include:

1. Wear reflective clothing at dawn, dusk, or nighttime and bright, visible clothing at all other times (this is something that we see even the most responsible runners forget to do sometimes). Although the likelihood of being injured from a percentage basis may not be high on any individual run, for those that run day after day and year after year in the dark, the likelihood of becoming a victim of a serious incident while running without wearing this type of clothing is much greater.

Continue reading "Arizona Pedestrian and Runner Accidents: Safety Tips to Prevent Injury" »