Your initial claim should be filed against the drunk driver who caused the crash. Additionally, you might have a Dram Shop claim if a bar or restaurant served alcohol to the driver before the incident. If there’s proof that the establishment continued to serve the driver despite clear signs of intoxication, that business could also be held legally responsible for the damages resulting from the accident.

Yes, you might be able to pursue a negligent entrustment claim against the vehicle’s owner. If the owner knew, or reasonably should have known, that the person they allowed to use their car had been drinking and posed a risk to others, they can be held liable for your injuries as well.

If the at-fault driver’s insurance falls short, you have two main legal options:

1. File an Underinsured Motorist (UIM) claim.
   Many drivers carry only the minimum insurance required by law, which may not be enough to cover all of your medical expenses or compensation for pain and suffering. If you have UIM coverage on your own policy, it can help cover the remaining costs—up to your policy limits. Since you weren’t at fault, filing this type of claim typically won’t increase your premiums.
2. File a lawsuit against the at-fault driver.
   If their insurance doesn’t fully compensate you, you can take legal action to seek additional compensation directly from the driver. This may allow you to recover funds beyond their insurance limits, but it requires obtaining a legal judgment against them through a personal injury lawsuit.

In Arizona, juries use specific legal guidelines to determine how much compensation should be awarded in a personal injury claim. These guidelines take into account several important factors, including:

• The type, severity, and expected length of the injury
• Physical pain, emotional distress, disability, scarring, and overall suffering
• Past and future medical bills, including all necessary treatment and care
• Lost wages and any decrease in future earning potential
• Loss of love, care, companionship, and quality of family relationships (such as between spouses, parents, and children)
• Diminished enjoyment of life, including being unable to participate in hobbies, travel, or activities you previously enjoyed

Special types of cases—wrongful death, slip and fall and so forth—may include additional types of compensation, as well as punitive damages. For help estimating the value of your claim, consider contacting a Mesa pedestrian accident attorney at (480) 637-5757.

After a pedestrian accident, you may find yourself dealing with a wide range of stressful issues—from medical treatments and growing expenses to insurance hassles and transportation problems. It can quickly become overwhelming. A skilled pedestrian accident lawyer can take over these responsibilities so you can concentrate on healing.

At Rasmussen Injury Law, the legal team can help you by:

• Putting an end to persistent calls from the at-fault driver’s insurance company
• Filing claims to get your vehicle repaired and helping arrange a rental car
• Securing the police report and contacting witnesses for supporting statements
• Gathering key evidence to prove who was at fault
• Identifying all possible insurance policies that may provide compensation, including the at-fault driver’s coverage and any other available sources

Their assistance can ease the burden and strengthen your case.

Contact a Mesa pedestrian accident attorney today to find out how we can support you and your case.

In Arizona, you generally have two years from the date of the injury to file a lawsuit for a pedestrian accident. If you miss this deadline, your case may be dismissed—regardless of how valid or strong your claim is—leaving you unable to recover any compensation.

Coping with injuries and other unseen hardships after a pedestrian accident can be incredibly stressful, but you don’t have to go through it on your own. Our skilled Mesa pedestrian accident lawyers are here to help—offering free consultations and taking care of the legal work so you can concentrate on healing. Call (480) 637-5757 to schedule your free case review.

Although the core legal principles are similar, pedestrian accident cases often involve added complexity. This is due to factors like the severity of injuries, issues of comparative fault, public perception, and specific legal considerations unique to pedestrians.

Pedestrians are far more vulnerable than vehicle occupants, so these accidents frequently result in serious or even catastrophic injuries—such as traumatic brain injuries or permanent disability. As a result, claims often involve higher medical costs and long-term care needs.

Additionally, pedestrians may face biases from insurers or juries, such as assumptions that they were jaywalking or not paying attention, even if the driver was clearly at fault.

Because pedestrians are less visible and more exposed, reconstructing how the crash occurred can require different types of evidence and expert testimony. It's also important for pedestrians to show they were following all applicable traffic laws, as any finding of shared fault could reduce the compensation they receive.

There are many ways that a driver can put a pedestrian at risk for an accident. Some of the most common causes include: 

• Vehicle Makes a Turn at an Intersection: A vehicle turns (right or left) or merges into the path of a pedestrian without yielding.
• Backing Vehicle: A driver fails to look for or see traffic when backing from a driveway, private road, or parking lot.
• Pedestrian Trapped: A pedestrian is in the crosswalk when the traffic signals change, and a car fails to yield to the pedestrian already in the crosswalk.
• Multiple Threat: A car stops for a pedestrian in the crosswalk. A second car approaches, but the driver’s view of the pedestrian is obstructed by another vehicle.
• Commercial Bus Related: A pedestrian is crossing after exiting a commercial bus that is stopped at a marked bus stop.

When a driver’s negligence endangers a pedestrian’s safety, the injured person may be entitled to seek compensation. To fully understand your legal options, it’s important to consult a personal injury lawyer.

If you’ve been hurt in a pedestrian accident, our Mesa pedestrian accident attorneys are here to evaluate your injuries, identify the at-fault party, and work to secure a fair and complete settlement for you. After a pedestrian incident in Arizona, rely on the experienced team at Rasmussen Injury Law to handle your injury claim.