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Understanding Your Pedestrian Rights After an Accident Involving Jaywalking

Posted on February 21, 2024 in

It was a routine morning walk that took an unexpected turn. Stepping off the curb, you suddenly find yourself in the midst of an accident, one where your own jaywalking blurs the lines of fault and responsibility. Such incidents are common and often leave those involved feeling overwhelmed and uncertain about their legal standing and the steps they should follow.

At Jensen Phelan Law Firm, we recognize the complexities that arise in accidents involving both jaywalking and driver negligence. With a focus on empowering our clients through knowledge and confident legal support, we aim to navigate you through this trying time, ensuring you understand your rights and the options available to you following such a jaywalking incident, including advice about allocating damages among all negligent parties.

Understanding Comparative Negligence and the Role of Evidence

In accidents involving jaywalking, the principle of comparative negligence is often a key factor. This legal concept acknowledges that multiple parties can share responsibility in an accident. For instance, if you were jaywalking (illegally on the road) when struck by a vehicle, both you as a pedestrian and the driver may share the fault. Eeven if you’re partially at fault, you’re not necessarily barred from seeking damages. Arizona’s comparative negligence laws allow you to make a claim which is subject an allocation of the fault (such as if the pedestrian is 40% at fault and the driver is 60% at fault, your claim justifies a recovery of 60% of the damages you can prove). You will need an experienced attorney to help investigate, analyze, clarify, and prove your damages in the specific fact circumstances of your accident.

Collecting and preserving evidence promptly is a critical aspect in these cases. Evidence, including photographs of the accident scene, witness statements, and any relevant camera footage, can significantly influence the outcome of your claim. This evidence is essential for piecing together the events and establishing fault. Acting quickly to gather this evidence is crucial, as it can lose its integrity over time. An experienced attorney can be instrumental in this process, ensuring that all pertinent information is collected and/or recorded to be properly utilized to strengthen the evidence of your case.

Dealing With Insurance Companies and the Importance of Legal Representation

Dealing with insurance companies following an accident involving jaywalking can be a complex and often overwhelming process. These companies are focused on minimizing their financial exposure, which can lead to prompt settlement offers that may not adequately cover all your needs or rights. The psychology is to provide you with a seeming “OK” option when you are upset and perhaps overwhelmed by sudden, unforeseen problems financially, medically, and personally. An experienced personal injury attorney can be a crucial ally in these negotiations. They have a deep understanding of the strategies employed by insurance companies and are adept at ensuring that any settlement offer adequately compensates for your losses and expenses.

Having legal representation in cases of jaywalking accidents is invaluable if the damages are significant. Jensen Phelan Law Firm advocates not only guide you through the intricate process of filing a claim but also represent your interests in court if necessary. We work hard so that your case is fully and effectively presented and your rights are vigorously asserted throughout your damage claims’ insurance and/or legal proceedings. We provide you with  the knowledge and support needed to navigate any legal challenges and help you achieve a just and fair resolution.

An attorney specializing in personal injury and pedestrian accidents – like those at Jensen Phelan Law Firm – will provide invaluable assistance in these situations. We can help you understand your rights, evaluate the strength of your claim, and advise you on the best course of action, thus increasing your opportunity for a full and fair recovery. 

Call Jensen Phelan Law Firm For Help With An Accident Involving Jaywalking 

At Jensen Phelan Law Firm, we combine over 65 years of lawyer experience in personal injury law with a client-focused approach. We believe in establishing a personal connection with each client, ensuring that your unique case receives the attention and dedication it deserves. We’re here to help you understand your rights, navigate the legal process, and fight for the compensation you deserve.

From the initial consultation to the final settlement or court verdict, we’re with you every step of the way. Call (928) 778-2660 or fill out our contact form today.