Walking should be one of the safest and simplest ways to get around. Yet in Arizona, pedestrians are among the most vulnerable road users. When a pedestrian is struck by a vehicle, the results are often catastrophic, and far too often, fatal.
For families who lose a loved one due to a driver’s negligence, confusion about what to do next only adds to the pain. Arizona’s wrongful death laws are complex and emotionally difficult to navigate. That’s why working with an experienced pedestrian accident lawyer in Phoenix is so crucial.
GLG Personal Injury Lawyers can help you pursue justice, understand your rights, and take the right steps to protect your family’s financial future.
Understanding What a Pedestrian Wrongful Death Case Involves
A wrongful death case arises when someone’s careless or reckless actions cause another person’s death. In the context of pedestrian accidents, this can include:
- A distracted or texting driver
- A speeding or intoxicated motorist
- A driver who fails to yield at a crosswalk
- Negligent maintenance of roadways or traffic signals
- Construction companies that fail to provide safe walking zones
Under Arizona Revised Statutes §12-611, a wrongful death claim allows surviving family members to hold the at-fault party accountable, financially and legally. But understanding how these claims work, and who can file them, requires legal insight from an experienced Arizona accident attorney.
Who Can File a Wrongful Death Claim in Arizona?
Not everyone close to the victim can file a wrongful death claim. Arizona law restricts eligibility to specific parties, including:
- The spouse of the deceased
- Children of the deceased
- The parents of the deceased
- The personal representative of the estate (on behalf of these family members)
If multiple family members are involved, compensation may be divided in accordance with Arizona’s statutes. This makes it essential to consult a personal injury attorney in Phoenix, Arizona, early in the process to ensure the claim is filed correctly and within legal deadlines.
The Statute of Limitations: Why Timing Matters
One of the biggest mistakes grieving families make is waiting too long to act. In most cases, Arizona gives families two years from the date of death to file a wrongful death claim.
However, certain situations, such as cases involving government entities, may have shorter deadlines.
A Phoenix injury lawyer can review the specific facts of your case and ensure that all filings, documentation, and evidence are submitted on time. Missing this deadline could mean losing your right to compensation altogether.
Proving Fault in a Pedestrian Wrongful Death Case
To win a wrongful death claim, you must prove that the at-fault party’s negligence directly caused the pedestrian’s death. This involves showing four key elements:
- Duty of Care: The defendant had a responsibility to act safely (e.g., a driver must follow traffic laws).
- Breach of Duty: The defendant failed to uphold that duty through careless or reckless actions.
- Causation: The breach directly caused the pedestrian’s death.
- Damages: The surviving family members suffered financial and emotional harm.
This is where working with a pedestrian accident lawyer in Phoenix becomes invaluable. They’ll collect traffic camera footage, police reports, witness statements, accident reconstruction data, and expert testimony to build a strong case on your behalf.
Common Causes of Pedestrian Wrongful Deaths in Arizona
Arizona has one of the highest pedestrian fatality rates in the nation, especially in urban areas like Phoenix and Tucson. Common contributing factors include:
- Distracted driving: Texting, eating, or using in-car technology
- Drunk driving: Impaired reaction times and poor judgment
- Speeding: Reduced ability to stop in time for crosswalks
- Unmarked crosswalks: Pedestrians left unprotected
- Low visibility: Poor lighting or dark clothing at night
- Left-turn collisions: Drivers failing to check for pedestrians
Understanding these patterns helps your Arizona accident attorney identify liable parties and strengthen your claim.
Damages You Can Recover in a Wrongful Death Claim
While no amount of money can replace a loved one, financial recovery can ease the burden left behind. Damages in an Arizona pedestrian wrongful death case can include:
Economic Damages
- Medical bills incurred before death
- Funeral and burial costs
- Lost wages and future income that the deceased would have earned
- Loss of household services
Non-Economic Damages
- Loss of companionship and love
- Emotional pain and suffering
- Loss of parental guidance
- Mental anguish for surviving family members
Your personal injury attorney in Phoenix, Arizona, will calculate both immediate and long-term financial losses to pursue the maximum compensation available.
Arizona’s Comparative Negligence Rule
Arizona follows a pure comparative negligence system. This means that even if the pedestrian was partially at fault, for example, by crossing outside a marked crosswalk, the family may still recover compensation.
However, the total award is reduced by the percentage of fault.
For instance, if the total damages are $1,000,000 and the pedestrian is found to be 20% at fault, the family could still receive $800,000.
A skilled Phoenix injury lawyer will work to minimize fault percentages and ensure you’re not unfairly blamed.
The Role of Insurance in Wrongful Death Cases
Insurance companies often try to minimize payouts or shift blame. They may quickly offer a low settlement, hoping families accept before realizing the full value of their claim.
An experienced pedestrian accident lawyer in Phoenix knows these tactics well. They can handle all communications with insurers, negotiate aggressively, and take the case to court if necessary.
Before speaking with any insurance representative, consult your attorney; even a casual statement can hurt your case.
Actionable Steps for Families After a Fatal Pedestrian Accident
If you’ve recently lost a loved one in a pedestrian accident, here are key steps to protect your rights and strengthen your claim:
- Contact a Phoenix injury lawyer immediately. The sooner an attorney is involved, the faster evidence can be preserved.
- Avoid discussing the incident with insurance companies or posting about it on social media.
- Gather evidence, including police reports, medical records, photos, and witness contact information.
- Document your losses, including funeral expenses and emotional impacts.
- Seek grief counseling, both for your well-being and to document emotional suffering as part of your damages claim.
Taking these steps early gives your Arizona accident attorney a solid foundation to fight for the compensation you deserve.
Why Choose GLG Personal Injury Lawyers
At GLG Personal Injury Lawyers, we understand that every wrongful death case represents a devastating personal loss. Our mission is to handle the legal complexities, so you can focus on healing.
Here’s what sets our firm apart:
- Extensive experience: Our attorneys specialize in Arizona pedestrian accident and wrongful death cases.
- Aggressive representation: We pursue maximum compensation — even if it means going to trial.
- Personalized attention: We treat every client like family, providing consistent updates and compassionate support.
- No fees unless we win: We operate on a contingency basis; you pay nothing unless we recover compensation for you.
When tragedy strikes, you don’t have to face it alone. Partner with a personal injury attorney in Phoenix, Arizona who will stand up to insurers, fight for accountability, and help you secure the justice your loved one deserves.
Take the First Step Toward Justice
Every day you wait could affect your case. Don’t let Arizona’s complex laws or insurance companies take advantage of your family’s grief.
Contact GLG Personal Injury Lawyers today for a free, confidential consultation with a trusted pedestrian accident lawyer in Phoenix. Our team will review your case, explain your legal options, and guide you every step of the way toward justice and closure.