Category: Pedestrian Accidents

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 […]

Dangerous Crosswalks Can Lead to Pedestrian Injuries

If you have been injured due to a pedestrian accident at a crosswalk, you may not only be entitled to recover damages from the defendant-driver who collided with you — you may also be entitled to recover damages from the person/entity that owns or otherwise controls the crosswalk on which you were injured.  Crosswalks attract pedestrian traffic, as they are intended to be “safe zones” for pedestrians.  When crosswalks represent a hazard to pedestrians, however, with no adequate warning of the dangers therein, then the defendant who owns or controls the crosswalk may be held liable. Crosswalk injuries fall under the premises liability framework.  What this means is that you’ll have to show that the crosswalk was unreasonably dangerous for those making use of the property.  By introducing evidence that the crosswalk was designed or maintained in such a way that it presented a danger to pedestrians, you can more effectively litigate your injury claim. There are a number of factors that contribute towards making a crosswalk dangerous.  Let’s explore a few common ones. Visibility Issues Crosswalks must be reasonably visible to oncoming traffic at all times.  There are a number of visibility issues that can crop up: vegetation growing in adjacent property may be poorly trimmed and may therefore interfere with sight-lines, or there may be inadequate street lighting.  If visibility of the crosswalk is a serious concern even after certain measures have been implemented, signs should be installed to give drivers warning of the crosswalk ahead. Traffic Flow […]