phoenix pedestrian accident attorneys

Just as Phoenix has become a bustling metropolitan city — with new commercial developments, roadways, and residential communities debuting with each day — accidents involving pedestrians and motorists have been on the rise. Since 2010, the number of pedestrians killed by cars in Phoenix has more than doubled.

Tragically, many accidents commonly occur in places where people and vehicles are forced to share limited space — at crosswalks, intersections, light-rail crossings, and parking lots. Far too often, drivers are simply not paying attention to their surroundings.

If you’ve been injured in a pedestrian accident in Phoenix, the outcome of your accident can hinge on whether or not you have an experienced personal injury lawyer on your side.

Pedestrians have the same right to recover monetary damages as drivers do in auto accidents. Unfortunately, many injured pedestrians are unaware of this, and never receive the compensation that they are entitled to. Without an attorney, they risk being stuck with expensive medical bills and, even worse, life-changing injuries.

The experienced Phoenix pedestrian accident attorneys at Negretti & Associates will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured.

What To Do If You Have Been Hit by a Motorist in Phoenix

Here are some steps to take after you’ve been involved in a pedestrian accident:

  1. Record the names, addresses, insurance information, and license plate numbers of all the vehicles involved.
  2. Be sure to get the contact information of all witnesses present.
  3. Photograph and document the scene of the accident and your subsequent injuries.
  4. Seek immediate medical attention for all of your injuries.
  5. Do not speak with insurance companies or sign any documents regarding the accident until you have discussed your case with an experienced Phoenix pedestrian accident attorney.

How a Phoenix Pedestrian Accident Attorney Can Help Seek Compensation for Injuries

In Arizona, motorists are responsible for yielding to pedestrians and paying attention to their surroundings. If a driver fails to do either of these two things and causes injury, the injured person will likely be able to bring a claim and collect compensation.

If you have been in a pedestrian accident and can show that the driver was at fault, the at-fault driver’s insurance can cover your medical expenses related to the accident in most cases.

Arizona law requires that all motorists carry auto insurance. The minimum amount of coverage includes the following.

  • $15,000 per person for bodily injury or death
  • $30,000 per accident if more than two people are involved
  • $10,000 for property damage or destruction

These are the minimum requirements laid out by Arizona Revised Statute 28-4009. However, if the driver is not insured, you may could either file a lawsuit or look to your own insurance carrier for compensation.

If you are a pedestrian injured by an uninsured motorist, you may be eligible for compensation through your own insurance provider and your insurance policy.  You will want to contact an experienced Phoenix pedestrian accident attorney to help you navigate the process. The personal injury attorneys at Negretti & Associates are ready to assess the circumstances of your accident and convey options that are available to you.

When an Accident Occurs Outside of a Crosswalk or While Jaywalking

Like all roadway users, pedestrians have a duty to observe and obey traffic laws and control signals. This means, for example, that a pedestrian may not walk alongside highways or step from a sidewalk into traffic without assuming legal responsibility for any subsequent accidents his or her conduct causes.

Pedestrians may typically only cross at marked crosswalks when they receive the go-ahead from the control device. Arizona Revised Statute 28-793 prohibits pedestrians from “jaywalking,” or crossing the roadway where there is not a marked crosswalk or intersection. A pedestrian must yield the right-of-way to vehicles in the roadway, and wait until traffic clears to safely cross.

Should a pedestrian decide to step into traffic without allowing enough time and room for oncoming vehicles to stop, he or she will likely be held responsible for an accident that follows.

Why You Should Choose the Phoenix Pedestrian Accident Attorneys at Negretti & Associates

At Negretti & Associates, we will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured in your accident. We also understand the importance of securing compensation for future medical treatment and for the time you have to take off from work to deal with your injuries. We will work diligently to maximize your recovery and help you achieve the best possible settlement.

There is no reason for you and your family to go this alone. The experienced accident attorneys at Negretti & Associates are ready to fight for you. If you’d like to schedule a free consultation, please call us at 602-531-3911 or click here to write to us.

safety tips for memorial day weekend in arizona

This Memorial Day weekend, families across the United States will celebrate the unofficial beginning of summer. For those of us living in Arizona, this monumental three-day weekend means embarking on a spontaneous road trip, grilling by the pool, or lounging on the lake. However, fun activities such as these often mean an increase in accidents over the holiday weekend.

Most people don’t feel like an accident would ever happen to them. Unfortunately, accidents are unpredictable and can happen to anyone.

By taking simple safety precautions, you can decrease the chances of an injury to you or a loved one.

Road Safety

Memorial Day is among the worst days of the year to be on the open road. With 44% of all traffic fatalities are alcohol-related, one cannot be too cautious on such a notoriously celebrated holiday.

You can avoid an alcohol-related accident by:

  • Having a designated driver
  • Arranging for a place to stay if you don’t have a designated driver
  • Calling a cab or an Uber/Lyft
  • Make sure your vehicle has been properly maintained

Pool Safety

The most popular way to cool off, especially here in Arizona, is a dip in the swimming pool. Even though an afternoon out by the pool is fun, accidents still happen. Hundreds of children have drowned during the Memorial Day Weekend.

Below are some tips to keep you and your youngsters safe:

  • Do not run near the pool
  • Never leave children unattended
  • Have life jackets available
  • Keep pools maintained properly

How An Accident Attorney Can Help You

If for whatever reason you find yourself in harm’s way this Memorial Day weekend, there’s no need for you to face the insurance companies alone. At Negretti & Associates, our dedicated accident lawyers are here to help you get back on your feet after your accident.

Your recovery can hinge on whether or not you have an experienced accident lawyer on your side.

An insurance company will try to minimize your injuries to save themselves as much money as possible. Do not go it alone. We will negotiate with the insurance company on your behalf to get you the maximum compensation you deserve for your current and future medical treatment, property damage, and lost wages.

We will vigilantly defend your rights and pursue any rightful claims for damages, medical expenses, and compensation for the pain and suffering you have endured. We also understand the importance of securing compensation for future medical treatment. We will also help you collect compensation for time you have to take off from work to deal with your injuries. Learn more about auto accident cases.

Our team of accident attorneys knows what it takes to win. We promise to fully investigate your claim and make sure you get the recovery you deserve. Please call us at 602-531-3911 or click here to email us.

diminished value claim arizona - arizona diminished value law
Arizona is a diminished value state, which means you could be entitled to bring a diminished value claim after an auto accident. A diminished value claim provides a way for you to recover the lost resale value of your vehicle had it never been subjected to the accident. However, you cannot submit a diminished value claim if you were the at-fault party in an accident.

Why File a Diminished Value Claim?

If your vehicle was damaged in an accident, its value has decreased by more than just the repair cost. There are several reasons for this:

  • Replacement parts are usually never as good of quality as original equipment manufacturer (“OEM”) parts.
  • Repairs can structurally compromise and weaken your vehicle.
  • There might be undiscovered (and unrepaired) damage to your car.
  • In some cases, it’s impossible to return a vehicle to its pre-accident condition.
  • A serious collision may even void your factory warranty.
  • Dealerships will not be able to sell your vehicle in a “certified pre-owned” program.
  • Buyers are typically reluctant to purchase vehicles that have been in an auto accident.

Specifics About Arizona Diminished Value Law

Here are some things to remember about diminished value claims in Arizona:

  • The statute of limitation for a diminished value claim is 2 years.
  • Diminished value claims require evidence describing the extent of the loss.
  • A diminished value claim can be handled as part of a personal injury claim or as a stand-alone property damage claim.
  • Your personal auto insurance almost never covers diminished value.

The experienced auto accident lawyers at Negretti & Associates regularly handle diminished value claims for our Arizona clients. Schedule a free consultation for your diminished value claim, so that we can discuss your situation and evaluate your case.

When asked about causes of vehicle accidents, most people immediately think of impairment, such as alcohol, or distracted driving, such as texting. However, drowsy, or fatigued driving kills, and is a major problem in the United States. The Centers for Disease Control and Prevention defines drowsy driving as, “the dangerous combination of driving and sleepiness or fatigue,” and the National Sleep Foundation estimates that sixty percent of American adult drivers, about 168 million, say they have driven a vehicle while feeling drowsy in the past year, and more than one-third, approximately 103 million people, have actually fallen asleep while driving!

Additionally, the National Highway Traffic Safety Administration (“NHTSA”) estimates that drowsy driving was responsible for 100,000 crashes, 71,000 injuries, 12.5 billion in monetary losses and 846 deaths in 2014. However, these numbers are believed to be underestimated, as it is difficult to determine if fatigue caused driver error, and up to 6,000 fatal crashes may be caused by drowsy drivers each year.

The Warning Signs of Fatigued Driving

  • Disconnected thoughts or daydreaming.
  • Frequent blinking or heavy eyelids.
  • Persistent yawning or rubbing your eyes.
  • Feeling irritable or restless.
  • Trouble keeping your head up.
  • Trouble remembering driving the last few miles.
  • Missing your exit, road signs or traffic signs.
  • Hitting the rumble strips, tailgating or drifting into other lanes.

Fatigued driving is so dangerous because it impairs reaction time, reduces a driver’s vigilance and causes problems with processing information.

How to Determine a Fatigued Driver

In our fast-paced society people have learned to juggle many different responsibilities, including family, work and social life which may cause some to be exhausted by the end of the day. Although most people are prone to being fatigued at specific times, there are certain people that may experience a higher risk of fatigued driving, including:

  • Shift workers: People who work rotating shifts, nights shifts, double shifts or work more than one job are six-times more likely to be involved in a fatigued driving accident. Shift work may also lead to certain disorders, for example, according to the Alaska Sleep Education Center, shift work sleep disorder is a circadian rhythm sleep disorder that is characterized by excessive daytime sleepiness and insomnia. People who tend to work unusual schedules have their circadian rhythms disrupted, which may cause a number of physiological and mental problems.
  • Medication Side Effects: Many medications include sleepiness as a side effect. People that take these medications have a higher risk of fatigued driving. Examples of medications that have a sedating effect are: cold tablets, antihistamines and antidepressants, among others.
  • Drivers with untreated sleep disorders: Drivers that do not treat sleep disorders such as obstructive sleep apnea (“OSA”), narcolepsy and insomnia have a higher risk than the average driver for fatigued driving accidents. In all of these disorders the most common symptom is excessive daytime sleepiness.
  • Age: Young drivers, from teen years to 25 years old (especially males) are considered an age group that is most likely to be involved in a fatigued driving accident. According to the NHTSA, “drivers younger than 30 accounted for almost two-thirds of drowsy-driving crashes, despite representing only about one-fourth of licensed drivers. These drivers were four times more likely to have such a crash than were drivers ages 30 years or older.” There are many theories as to why young drivers are involved in such a high percentage of fatigued driving accidents, however, the most common theory is that inexperience combined with sleepiness and the tendency to drive at night increases risk.
  • Commercial Drivers: People that drive a large number of miles and drive at night are at a much higher risk for fatigued driver accidents. Commercial drivers have also been found to be at a high risk for sleep disorders.
  • Business Travelers: People who travel frequently for their jobs or for leisure who may be suffering from jet lag and crossing different time zones, or spending long hours behind the wheel are also at an increased risk of being involved in a fatigued driver accident.

fatigued driving

Fatigued Driving Prevention

Many people believe that they can just “power through” a difficult driving situation by turning on the radio or rolling down their window to get some fresh air, however, these tactics do little to actually combat fatigued driving. There are better ways to prevent drowsy driving, before hitting the road drivers should:

  • Get a good night’s sleep before a long drive.
  • When taking longer trips plan to do the majority of your driving during the day.
  • If you are feeling fatigued, or notice signs that you may be drowsy, and you have a passenger in the vehicle, ask the passenger to drive.
  • If you are feeling drowsy, pull over and rest or sleep at a rest stop.
  • Use caffeine, which will provide a short-term boost, however, the effects may only last up to an hour and do not provide a long-term solution.
  • Consult your physician for diagnosis and treatment of any possible sleeping disorders.
  • If you are driving a long distance, schedule regular stops every 100 miles or two hours.

Get Involved

The National Sleep Foundation sponsors Drowsy Driving Prevention Week, an annual, national campaign to raise awareness of the dangers of driving while tired. In 2016, Drowsy Driving Prevention Week was November 6-13. The campaign chooses a week in November every year; people that are interested in Drowsy Driving Prevention Week, or becoming a Drowsy Driving Advocate, may find more information here.