Are You Entitled to Damages for Your Car Accident-Related Disabilities?

If you have been seriously injured in a car accident (due to the negligence, recklessness, or intentional misconduct of another party), then Arizona law may give you a right to secure compensation for your losses, including losses relating to any disability that results from the accident. Damages for disabilities sustained due to an accident can vary substantially depending on the activities of the plaintiff and the length of the disability at-issue.  For example, if you are a highly-active socialite and enjoy outdoor recreational activities, then your disabling condition may preclude you from not only working in your profession, but may also preclude you from engaging in the social and recreational activities that once defined your lifestyle.  These damages can be difficult to measure, but may be significant. Disability Benefits and Occupational Deficits There is quite a bit of variation when it comes to disability insurance plans.  In some plans, a disability is strictly defined as a condition that precludes the claimant from working in “any” occupation, whereas in other plans, a disability is more broadly defined as a condition that precludes the claimant from working in their “own” existing occupation.  For example, suppose that you purchased disability insurance coverage that includes an “own occupation” definition of a disabling condition.  You are then involved in a car accident, where you suffer a back injury.  Your current career is as a physical laborer in a warehouse.  Due to the back injury, however, you are permanently rendered incapable of performing your current job […]

Can I Recover Damages if I Was Hit While Walking on a Roadway?

If you have sustained serious injuries in a pedestrian accident while you were walking on a roadway, then you might be somewhat confused as to your rights — after all, it may not be clear whether you were actually entitled to walk on the roadway (under Arizona law) at the time of the collision. Arizona regulates pedestrian roadway use quite stringently.  Let’s take a look at the basics. Sidewalk Use is Highly Controlled Section 28-796 of the Arizona Revised Statutes governs pedestrian use of roadways in situations where sidewalks may or may not be present.  More specifically, Arizona statutory law prohibits pedestrian use of roadways when there are sidewalks on (or adjacent to) the roadway at-issue. Where no sidewalk has been provided, pedestrians are allowed to walk along the roadway, but this accessibility is limited.  Pedestrians may only walk: On the left side of the roadway, or On the shoulder of the roadway, facing traffic that may be approaching from the opposite direction. Further, you may not stand in a roadway — even briefly — to solicit a ride.  For example, it is illegal to step onto the road to call a taxicab.  You must stay on the sidewalk (assuming that a sidewalk has been provided). Arizona Comparative Negligence In the event that you did, in fact, violate the various statutory regulations concerning sidewalk use and pedestrian roadway use, then Arizona law may not necessarily preclude you from suing and recovering damages for your injuries — though your recovery will […]