If your accident was caused by a drunk driver, your primary legal claim would be against that individual. However, in certain situations, you may also have the option to file a Dram Shop claim against a bar or restaurant that served alcohol to the driver while they were clearly intoxicated. If it's proven that the establishment acted negligently, it could be held partially responsible for your injuries and medical costs.v

If the at-fault driver’s insurance doesn’t fully compensate you for your losses, you have two main options:

• File an Underinsured Motorist (UIM) Claim – If you have UIM coverage, your own auto insurance can help cover additional costs such as medical bills, lost wages, and pain and suffering that exceed the at-fault driver’s policy limits. Since you weren’t at fault, filing a UIM claim should not increase your insurance premiums.
• Pursue a Personal Injury Lawsuit – If insurance falls short, you may be able to sue the at-fault driver directly and seek compensation through their personal assets. A court judgment can help recover the remaining damages you're owed.

When awarding damages in a personal injury case, Arizona juries follow specific legal guidelines and consider several key factors, including:

• The type, severity, and expected duration of your injuries
• Any pain, physical limitations, or disfigurement you’ve suffered
• Medical expenses, both already incurred and those anticipated in the future
• Lost wages and any decrease in your ability to earn income going forward
• The impact on personal relationships, known legally as loss of consortium
• A reduction in your quality of life, such as the inability to enjoy hobbies, travel, or other meaningful activities

While these are commonly evaluated factors, a jury may consider additional elements based on the specifics of your case. It's also important to recognize that bias against motorcyclists or pedestrian riders can sometimes influence outcomes.

To get a clearer picture of what your case may be worth and how to overcome potential jury bias, contact our Tucson pedestrian accident lawyers today at (480) 637-5757  for a free consultation.

Dealing with the Aftermath of a Pedestrian Accident? We're Here to Help.

After a pedestrian accident, it’s common to feel overwhelmed as you try to manage medical treatment, growing expenses, insurance calls, and property repairs all at once. If the incident involved a serious injury or wrongful death, the emotional toll can be even more intense.

That’s where a knowledgeable Tucson pedestrian accident attorney can step in. At Rasmussen Injury Law, our experienced legal team can take on the burden so you can focus on healing. We handle all aspects of your claim, including:

• Communicating with the at-fault driver’s insurance company on your behalf
• Filing claims to repair your pedestrian vehicle and help arrange a rental vehicle
• Securing the police report and speaking with witnesses to strengthen your case
• Preserving critical evidence to prove fault and liability
• Identifying all available insurance coverage, including the driver’s policy and any additional sources of compensation

If you've been hurt in a pedestrian or motor vehicle accident in Tucson, don't go through it alone. Contact Rasmussen Injury Law today to find out how we can help you move forward.

If you've been hurt in a pedestrian or motor vehicle accident in Tucson, don't go through it alone. Contact Rasmussen Injury Law today to find out how we can help you move forward.

In Arizona, you generally have two years from the date of a pedestrian accident to file a personal injury lawsuit. Missing this deadline can result in your case being dismissed, which means you might lose the opportunity to seek compensation, even if your claim is legitimate.

Handling serious injuries is challenging, but you don’t have to face the legal process on your own. Our compassionate Tucson pedestrian accident attorneys provide free consultations and will handle every aspect of your case, allowing you to concentrate on your recovery. Call us today at (480) 637-5757 to schedule your free case evaluation.

Driver-Related Factors

• Distracted driving: When drivers are focused on activities like texting, eating, or adjusting devices, they’re less likely to notice pedestrians.
• Speeding: Driving at high speeds reduces reaction time and increases the impact severity in a collision.
• Driving under the influence: Alcohol or drug use impairs a driver's decision-making and slows reaction time.
• Not yielding to pedestrians: Many collisions occur when drivers ignore the legal requirement to yield to pedestrians at crosswalks.
• Lack of driving experience: Newer drivers may struggle to properly anticipate pedestrian actions or respond quickly enough.

Pedestrian-Related Factors

• Jaywalking: Crossing outside of designated crosswalks or in unexpected places increases accident risk.
• Distracted walking: Pedestrians who are preoccupied, such as by using a phone, may not be fully aware of nearby traffic.
• Walking while impaired: Being under the influence of drugs or alcohol can hinder a pedestrian's ability to stay alert and safe.
• Unsafe crossing behavior: Ignoring traffic signals or failing to check for oncoming traffic can lead to dangerous situations.

Environmental and Infrastructure Factors

• Limited visibility: Conditions like fog, rain, or darkness can make it harder for drivers to spot pedestrians.
• Inadequate infrastructure: Poorly designed or maintained walkways and crossings can put pedestrians in harm’s way.
• Severe weather: Rain, snow, or ice can reduce traction and visibility, increasing accident risk.
• Construction zones: Roadwork may redirect pedestrians into unfamiliar or unsafe areas.
• Damaged roadways: Cracks, potholes, and uneven surfaces create hazards for both drivers and people on foot.