Phoenix Pedestrian Death Attorneys
Wrongful Death Attorney Representation in Phoenix, Arizona Since 1996
Arizona Fatal Pedestrian Accidents
An Arizona wrongful death accident occurred between a pick up truck and a pedestrian recently. This terrible accident is like many others that happen across Arizona. As Phoenix wrongful death lawyers we receive inquiries from people involved in accidents wondering if there is any legal recourse after such a tragedy. Some people call soon after the tragedy strikes, wondering what rights they will lose if they do not call a lawyer right after an accident. Many more simply wait until they are trying to get life back to some sort of routine, and then call to find out what options they have for the bills that are piling up and the anger or pain they feel about what happened. Still others wait a long time, until something compels them to pick up the phone and just discuss their rights. They all start with an unexpected tragedy, often like this recent case where a husband wife who were crossing 90th Street when a Toyota pickup struck them.
When it comes to a wrongful death accident, the police will usually investigate whether alcohol was involved, the circumstances surrounding the accident, and will usually attempt do a full "accident reconstruction" where they determine the relative speed and positions of everyone involved in the incident. Many times, the process of completing a police report after a death has been involved takes a long time, sometimes months, until the police produce a final police report. We have had many instances where it takes up to 6 months for the final police report to be ready. So if you are considering pursuing a wrongful death claim for a family member in Arizona and the police are stating that the report is still be worked on that is not abnormal. The problem in the wait is twofold. First, some legal deadlines can run in less than six months, so by the time the police produce the report, it could be too late to bring a claim. Second, the police were usually the only ones on scene to collect witness and other information, so the report can be a starting point for a good injury lawyer's investigation of an incident. Sometimes, it takes the efforts of the top Phoenix personal injury lawyers calling the police to gather information before the report is finalized, but even that can be a hit-and-miss prospect.
While the police report is being prepared, it is sometimes necessary that family members do their own work. The best step, when the family is ready, is to contact the best wrongful death attorney in Arizona that the family can find. The top injury lawyers will start an investigation independent of the police in many cases, depending upon a variety of factors.
In Arizona, we are what is called a "pure comparative fault state." What that means is that each party is responsible for compensation to the degree that they are at fault. For instance, if it were found that the pickup driver were 15% responsible then the injured pedestrians in a case like this would be entitled to 15% of the full amount of damages against the pick up driver. If it were found that the pedestrians were found to be 50% at fault because they were not walking in the crosswalk, for instance, then they or their surviving family members would only be entitled to compensation from the pickup driver for the other 50% that the driver was at fault in causing the collision.
When it comes to pursuing a wrongful death claim in a fatal pedestrian accident matter it is not just about proving fault, but also about uncovering coverage or assets to recovery the money damages for the family. If a negligent driver caused a million dollars in damages, medical bills, lost wages, pain, and other items but had no insurance and no assets, it would not matter that a great personal injury lawyer could prove the case was worth a million dollars. $1,000,000 verdicts against people without money will never be paid, which means the compensation the family needs is never taken care of. This requires a lawyer to not only prepare the case, but to search for assets that may not otherwise exist.
In Arizona, almost 25% of drivers reportedly do not have any insurance at all. Therefore, if the pick up driver had no insurance at all and had absolutely no money, as wrongful death lawyers in Arizona, we would be looking into whether or not the couple has uninsured coverage. Even as pedestrians, people are surprised to find out that the automobile coverage of the couple would still apply to this accident. Pedestrians can collect their uninsured coverage from their automobile insurance policy even though they were pedestrians and not in their vehicle.
If the pick up driver had insurance but only minimal insurance, experienced auto accident lawyers in Arizona look at the assets of the pick up driver as well as whether the couple had underinsured coverage. Again, even though the couple was a pedestrian they can still make the argument that their underinsured coverage applies to the accident. Also, the top Arizona pedestrian accident lawyers will sometimes be able to find an insurance policy that applies to the negligent driver that had not been found by the police or anybody else who investigated the incident.
For families that have suffered through the tragedy of a wrongful death, there are usually differing views within the family about whether to speak to a lawyer at all, and whether it is worthwhile to pursue a claim. The truth is that this is a decision that must be made by the family. However, families often make the mistake of deciding whether a claim or lawsuit should be filed before they call a personal injury lawyer. This, in almost all cases, is a mistake. Contact an honest, accomplished Arizona injury lawyer first. Get answers to the questions you have, as well as some insight on procedures and law you would not even know to ask, in many cases. Then, after speaking with or sitting down with a top injury lawyer, the family will be able to make an informed decision in the best interest of anybody involved.
