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arizona pedestrian accident lawyers

Arizona has the highest rate of pedestrian deaths in the nation. In 2017 alone, 226 pedestrians were killed in Arizona vehicle crashes, while more than 1,500 pedestrians were injured, according to the Arizona Department of Transportation.

Pedestrian accidents are common in places where people and vehicles are forced to share space — at crosswalks, intersections, streets, and parking lots for example. Other times, drivers are simply not paying attention to their surroundings.

Unfortunately, many pedestrians who are injured never receive the compensation that they were entitled to. They get stuck with expensive medical bills and even worse life changing injuries.

If you’ve been injured in a pedestrian accident, you have the same right to recover money damages as drivers that have been in auto accidents.

There is no reason for you and your family to go this alone. The experienced Arizona pedestrian accident lawyers at Negretti & Associates are ready to fight for you.

Hit by a Motorist in Arizona?

In Arizona, motorists are responsible for yielding to pedestrians and paying attention to their surroundings. If the driver failed to do either of these two things and has caused you some injury, you will likely be able to bring a claim and collect compensation.

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 number 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 Arizona accident attorney.

A Pedestrian Can Still Recover from An Uninsured Motorist

If you were 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 Arizona pedestrian accident lawyer to help you navigate the process. Our accident attorneys are ready to assess the circumstances of your accident and convey options that are available to you. Learn how our firm can assist with motor vehicle accidents, in addition to pedestrian accidents in Phoenix.

How A Personal Injury Lawyer Can Help You

The outcome of your pedestrian accident can hinge on whether or not you have an experienced Arizona personal injury lawyer on your side.

There is no reason for you and your family to go this alone. At Negretti & Associates, we 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 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.  

Negretti & Associates had another incredible turn out for our second Fill-A-Bag party for the Phoenix Rescue Mission on Wednesday, November 15, 2017.

A huge thank you goes out to our incredible clients who have shown nothing but love and support donating to our endeavor to help make this world a better place.

We were able to donate 104 bags (1,012 lbs.) of food along with 25 bags (63 lbs.) of dog food to the mission this time.

We also want to thank Kneaders Cafe and Bakery in Scottsdale for letting us come and take over half of their restaurant to fill all of the bags.

From all of us at Negretti & Associates, we thank you!

day of giving 2017 day of giving 2017 day of giving 2017

Being involved in a motor vehicle accident can be a devastating and life changing event, not only for the people involved, but for their family, friends, co-workers and the community.  The National Highway Traffic Safety Administration estimated that in 2015 there were 2.44 million people injured in motor vehicle accidents with over ten million accidents that year.  Additionally, it is estimated that the average driver will file a claim for a vehicle collision every 17.9 years.

Although most drivers aim to be safe and defensive while driving, it is important to know what steps you should take if you have been involved in a vehicle collision.

Stop at the Accident Scene

The first step that you should take when you are involved in an automobile accident is to stay at the scene.  Many states, including Arizona, have laws that require a person involved in a vehicle accident to perform certain duties.  Arizona Revised Statute 28-663 requires a person that was involved in an accident to:

“1. Give the driver’s name and address and the registration number of the vehicle the driver is driving.

2. On request, exhibit the person’s driver license to the person struck or the driver or occupants of or person attending a vehicle collided with.

3. Render reasonable assistance to a person injured in the accident, including making arrangements for the carrying of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the carrying is requested by the injured person.”

Additionally, it is important to not leave the scene because criminal charges may be filed if you flee. Arizona Revised Statute 28-611 requires drivers that have been involved in an accident resulting in injury or death to stop and comply with Arizona Revised Statute 28-663, or they may be charged with a felony.

Check for Injuries

Once you are stopped at the scene it is imperative that you determine whether you, or any other person in the accident, has been injured.  If there is an injury to any person involved, call 911 immediately. If you are not injured and you can drive your car, and it is safe to do so, move your car to an area that will not be obstructing other traffic more than necessary.

It is also important to note that if you feel, at any point after the accident, that you have soreness or that you have a minor injury, you should visit a physician.  After an accident, the people involved may be confused and running on adrenaline, which may cause the body to ignore injuries that have been sustained due to the collision.  Additionally, you may have sustained injuries that cannot be detected by the naked eye, they may be internal.  It is important to visit a physician to get treatment for any injury, whether minor or major, as well as to rule out any internal injuries and to create documentation of your injuries that you may bring to your attorney and have for your insurance company.

Police and Accident Reports

Once you have taken the proper health precautions at the accident scene, you should call the police.  The police will arrive on the scene and file an accident report.

Each state has different laws pertaining to filing accident reports.  For example, in Colorado, each person involved in an automobile accident has a duty to report a traffic accident.  If the driver of the vehicle is physically unable to file a report, it is the duty of a capable passenger to do so.  If a person is involved in an automobile accident in which someone is injured and does not file an accident report, it is considered a class 2-misdemeanor traffic offense.

A traffic report may be important for many different reasons, however, especially if you file a claim because of injuries sustained in the vehicle accident.  Although the police report is generally not admissible in civil court, it is very persuasive and may assist in gaining leverage in informal settlement discussions with an insurance carrier or opposing counsel in your personal injury dispute.

The report may contain helpful information such as the date, time, weather conditions and location of the accident.  It will also contain the name, statements and telephone numbers of others involved in the accident, or any witnesses to the accident, which may prove invaluable when trying to prove fault.

Furthermore, the report will have the officer’s initial assessment of fault and if the officer has given a citation to the at-fault party.  This will include the officer’s written description of the details and causes of the accident, and usually includes a diagram. Causes of the accident may include negligence, violation of a vehicle code, or use of drugs or alcohol.

Once the police arrive on the scene they will ask pertinent questions about the accident; you should answer their questions.  However, stick to the facts.  The police will put their initial assessment of fault on a police report and many times during accidents people are confused and may admit things that they are not liable for.  Therefore, it is important to stick only to the facts, as liability will be investigated at a later time.

Collect Relevant Evidence

After you have answered the officer’s questions and cooperated fully, take time to collect the phone numbers and names of any persons involved in the accident or witnesses to the accident.  If you have the opportunity to speak with anyone at the scene make sure that make notes of their responses.  Additionally, try and document by writing, or photos (most people will be able to take photos using their phones), any injuries that you may have to your person, vehicle, or any other information that you believe is critical.

Shortly after the accident, take time to write down your own detailed account of what occurred.  It is important that this is done shortly after the accident so that every detail that you can remember is noted.  Many times, injury claims may take months, or even years, and people forget important details during that time.

Your description should include weather conditions, the time of day, a play-by-play description of how the accident occurred, any statements made by persons involved in the accident or witnesses, and any injuries that you sustained or emotions that you feel after being involved with the accident.

Contact a Personal Injury Attorney

If you are injured in an automobile accident you should speak with an experienced personal injury attorney as soon as possible.  An attorney will be able to evaluate your case,  guide you through the personal injury process, analyze the information you have gathered, and speak with insurance companies, which will allow you to focus on what’s most important, your health.  Contact the attorneys at Negretti & Associates for a free case evaluation.

It is estimated that in the United States alone, over 2.35 million people are injured and approximately 37,000 people are killed in vehicle crashes each year. With popular and growing states such as Arizona, Colorado and California seeing above average crash statistics, it becomes even more imperative for drivers to understand their state’s automobile insurance laws.

Minimum Insurance Requirements

Arizona, Colorado and California all function under a traditional “tort” or “fault” automobile insurance model. This means that drivers who are involved in a vehicle accident in which they sustained injuries, or property damage, may: file a claim with their own automobile insurance company, file a claim with the at-fault driver’s automobile insurance company, or file a personal injury lawsuit in court seeking damages from the at-fault driver.

Although automobile drivers from each state must legally carry automobile insurance on their vehicles at all times, it becomes even more important if they have been involved in an accident. Automobile insurance is extremely important because it protects a person from extreme financial loss due to an accident.

Arizona

Under Arizona law, drivers must carry liability insurance with at least the following amounts of coverage:

• $15,000 per person for bodily injury or death
• $30,000 per accident for two or more persons’ injuries or death, and
• $10,000 for property damage

Colorado

For motor vehicles, Colorado law requires the following minimum amount of liability insurance:

• $25,000 per person for bodily injury
• $50,000 per accident for two or more persons’ injuries or death, and
• $15,000 per accident for property damage

California

Under California law, the minimum liability insurance requirements for private passenger vehicles are:

• $15,000 per person for bodily injury or death
• $30,000 per accident for two or more persons’ injuries or death, and
• $5,000 for property damage

Using California as an example, the three amounts are known as split limits, and are generally broken down in the following fashion: 15/30/5. These numbers indicate the maximum amount that your carrier will pay out for each category. The first amount for bodily injury or death liability covers costs if you are involved in an accident in which you are considered at fault and must pay an individual victim’s medical bills, lost wages and pain and suffering damages. The second amount for bodily injury or death liability is to cover the costs for all people involved in the accident, and the third amount is for the damage that you have caused to someone’s property.

Teen-driver

Obtaining the honor and privilege of driving is a major milestone in the life of a teenager. Arizona has taken aggressive steps to ensure our teenage youth are prepared for the responsibility of driving.

Jonathan Negretti, Attorney at Law at Negretti & Associates, explains Arizona’s laws that affect teen drivers and their parents or guardians.

Learner’s Permit

The first step to becoming a prepared teen driver is receiving a learner’s permit. Teens are eligible for a learner’s permit at 15 years and 6 months.

Other requirements include:

  • Parent or guardian co-signer – A parent or legal guardian must co-sign on the license making the parent or guardian liable for any willful misconduct or negligence caused by the teen driver.
  • MVD Driver Course – the teen must complete a driver’s education course offered by the MVD.
  • Accompanied by a licensed driver – with a learner’s permit, a licensed driver, 21 years or older, must be seated next to the driver.
  • Expiration – these permits are only valid for 12 months from date issued. 

Graduated License (Class G License)

Once the teen driver has held a learner’s permit for a minimum of six months, he or she is now eligible to receive a Graduated License, also known as a Class G License.

In addition to holding a learner’s permit for a minimum of six months, the additional requirements include:

  • Age: The teen must be at least 16 years of age.
  • Driving experience: The teen must have a minimum 20 hours of daytime, supervised driving experience; a minimum 10 hours of nighttime, supervised driving experience for a total of 30 hours of supervised driving experience.
  • Time restrictions: For the first six months, the teen driver cannot drive between midnight and 5 a.m., unless one of these requirements are met:
    • A parent or guardian accompanies the teen driver
    • The reason for driving is for a work, school activity, religious activity or family emergency
    • Passenger restrictions: For the first six months the driver cannot have more than one passenger in the vehicle. The exception to this rule is if parents or siblings are in the vehicle.

To learn more about the requirements for Arizona teen drivers licenses, visit Arizona Department of Transportation’s website.

If you or your teen driver has experienced an accident or injury while operating a vehicle with a Learner’s Permit or Class G license or is the victim of a motor vehicle accident by a teen driver, contact Negretti & Associates to understand and protect your rights.

For more information on Arizona teen driving laws, call us at 602-531-3911.

arizona statute of limitations for personal injury cases

By law, there is a limited amount of time in which a person can sue for an injury. This is known as the statute of limitations. The statute of limitations for personal injury varies by state.

In Arizona, the complainant typically has two years, as stated in Ariz. Rev. Stat. Sec. 12-542, the Arizona statute of limitations for personal injury cases.

“Discovery of Harm” Rule

While Arizona has a two-year statute of limitations for personal injury cases, the time does not start until the person is aware of the harm, or reasonably should be aware of it.

An example of this could be if a woman undergoes a Cesarean section and a doctor mistakenly leaves a small bandage in her abdomen. After she returns home from the hospital, she becomes severely ill. Days later she seeks medical attention, and the bandage is discovered in her abdomen. The statute of limitations would typically start on the day the medical team discovered the bandage.

However, in the above example, if the woman disregards the intense symptoms and goes months without seeking medical care, the statue of limitations may start not at discovery of the bandage, but at the onset of the pain.

There are other exceptions to the Arizona statute of limitations for personal injury cases, including — but not limited to — injury claims against the government.

If you or someone you know has been injury due to someone else’s negligence, contact the attorneys at Negretti & Associates immediately for a free case evaluation.

Even if your injury happened nearly two years ago, review your case with the Negretti & Associates attorneys to see if your case could hold up in court. For more information, please call us at 602-531-3911 or click here to email us.