by Zayed Al-Sayyed

Personal InjuryAugust 20, 20210 comments

Who Is At Fault in a Pedestrian Accident?

While many auto accidents involve two vehicles colliding with one another, some also involve a collision with a pedestrian. In these cases, many people wonder who is at fault in a pedestrian accident. Unfortunately, there is no black and white answer. Oftentimes the vehicle driver is found to be at fault, but there have been plenty of instances where the pedestrian was the one at fault.

With one of the nation’s highest rates of pedestrian deaths, Arizona is not the safest state to traverse on foot. Regardless of whether or not you have been involved in a pedestrian accident, it’s important to understand how fault is determined and which damages could be recovered. Our top auto accident attorneys are here to answer any questions you might have about pedestrian accidents.

Arizona Pedestrian Accident Statistics

According to Arizona state law, the term “pedestrian” refers to anyone who is running, walking, or traveling in a wheelchair. Unfortunately, pedestrian accidents are a common issue in Arizona. Below are some of the most prominent recent statistics regarding Arizona pedestrian accidents:

• In 2018, Arizona had 3.3 pedestrian deaths per 100,000 people, which was nearly twice the national average.
• More than 50% of all fatal pedestrian crashes in Arizona occur in the road, but not in a crosswalk or intersection.
• From 2014 to 2019, Arizona has seen a 42% increase in pedestrian fatalities.
• In 2018, Arizona had the 4th highest fatality rate for pedestrians in the country, following behind New Mexico, Florida, and Louisiana.
• Between 2014 and 2019 alone, 1,202 pedestrians were killed from a collision with a vehicle.
• Every year since 1994, Arizona has ranked in the top 10 states for pedestrian deaths.

Determining Fault in Pedestrian Accidents

Because pedestrians are very much protected by state law in the event of an accident, vehicle drivers are often found to be at fault. Pedestrians always have the right of way and vehicle drivers are expected to exercise extreme caution when coming across a pedestrian on the road. The main reason for this is that drivers have a legal responsibility to follow all traffic laws, while pedestrians have no such standards to contend with.

That being said, pedestrians are not exempt from potential fault just because they are protected by law. There are several cases in which a pedestrian could be deemed at fault in a collision, including:

• Recklessly crossing the road (running across traffic, crossing outside of a crosswalk at night, etc.)
• Being willfully impaired by alcohol or drugs
• Ignoring signs or crosswalks.

Pedestrian Accident Attorneys in Phoenix

If you or somebody you know has been involved in a pedestrian accident and is seeking compensation for damages, it’s important to seek out a skilled pedestrian accident attorney who has experience with similar cases. At The Law Office of Zayed Al-Sayyed, our dedicated personal injury attorneys have a proven track record of success with pedestrian accident cases.

Give us a call today to schedule a FREE consultation with one of our lawyers!