If you need a Scottsdale pedestrian accident lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
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If you were struck by a vehicle as a pedestrian in Scottsdale, Arizona, Elmm Law Group can pursue full compensation on your behalf, handling the insurance company so you can focus on your recovery. Pedestrian accidents often produce catastrophic, life-altering injuries, and the legal process that follows can be just as overwhelming as the physical trauma. Attorney Gordana Mikalacki and the Elmm Law Group team are here to protect your rights, investigate what happened, and fight for every dollar you deserve.
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Scottsdale pedestrian accident victims must act quickly: Arizona’s two-year statute of limitations (A.R.S. § 12-542) begins running on the date of the crash, and a separate 180-day Notice of Claim deadline applies when a government entity is involved. Drivers are required by A.R.S. § 28-792 to yield to pedestrians in all crosswalks, and violating that law constitutes negligence per se. Even if you were partially at fault, Arizona’s pure comparative fault system (A.R.S. § 12-2505) allows you to recover reduced damages.
Being hit by a car as a pedestrian is a legal event with strict deadlines and procedural rules that begin running almost immediately. Understanding your rights from the start can make the difference between a full recovery and leaving significant compensation on the table.
Here are the essential points every Scottsdale pedestrian accident victim should know:
Pedestrian accident claims appear straightforward, a car hit you, the driver should pay, but insurance companies deploy trained adjusters who use Arizona’s comparative fault rules, dispute injury severity, and offer fast low settlements to minimize payouts. Multiple parties beyond the driver may share liability, including municipalities, dram shops, and employers. An experienced attorney anticipates these tactics, builds evidence to counter them, and controls the timeline of negotiations rather than reacting to insurer pressure.
On the surface, a pedestrian accident claim might seem straightforward, a car hit you, the driver should pay. In practice, these cases involve layers of legal and factual complexity that insurance companies are well-equipped to exploit.
Insurance adjusters are trained to investigate and resolve claims in the insurer’s favor, not yours. In pedestrian accident cases, common tactics include arguing that you were jaywalking or not in a designated crosswalk, claiming you stepped into traffic without warning, disputing the severity of your injuries, and offering a fast, low settlement before you understand the full extent of your medical needs.
Arizona’s pure comparative fault system gives insurers a powerful tool. If they can convince a jury, or even just convince you, that you were 30% at fault, they reduce their payout by 30%. In serious injury cases, that percentage can represent tens of thousands of dollars. An attorney who understands how these arguments are constructed can anticipate and dismantle them with evidence.
There may also be multiple liable parties beyond the driver. A municipality responsible for a malfunctioning crosswalk signal at Scottsdale Road and Shea Boulevard, a bar or restaurant that served an intoxicated driver in Old Town under Arizona’s dram shop law (A.R.S. § 4-311), or a vehicle owner who negligently entrusted their car to an impaired driver, all may share liability. Identifying every responsible party is essential to maximizing your recovery.
The claims timeline also matters strategically. Most pedestrian accident cases move through several distinct phases: immediate evidence preservation and investigation (days one through thirty); medical treatment and documentation (ongoing through maximum medical improvement); demand package preparation and submission to the insurer; negotiation; and, if necessary, litigation in Maricopa County Superior Court. Each phase has its own deadlines and decision points. An attorney who maps this timeline from day one, rather than reacting to insurer pressure, controls the pace and terms of the negotiation.
Arizona law allows Scottsdale pedestrian accident victims to pursue compensation for past and future medical expenses, lost wages and diminished earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving especially reckless conduct, such as a drunk driver, Arizona courts may also award punitive damages under A.R.S. § 12-820.04. Surviving family members of a pedestrian killed in a crash may pursue wrongful death damages under A.R.S. § 12-611.
Pedestrians who are struck by vehicles frequently suffer severe, long-term injuries that generate substantial economic and non-economic losses. Arizona law allows injured victims to pursue compensation across a wide range of damage categories.
The most common causes of pedestrian accidents in Scottsdale include driver failure to yield at crosswalks in violation of A.R.S. § 28-792, distracted driving near high-traffic interchanges like Loop 101 and Shea Boulevard, impaired driving in the Old Town entertainment district, and event-related traffic surges during Barrett-Jackson and the Waste Management Phoenix Open. High-speed arterials such as Hayden Road, Pima Road, and Shea Boulevard, and uncontrolled crossings along the Indian Bend Wash greenbelt, are recurring crash locations. Identifying the precise cause of a crash is the foundation of every pedestrian accident claim.
Scottsdale’s mix of dense entertainment districts, high-speed arterials, and seasonal event traffic creates a uniquely challenging environment for pedestrians. Understanding where and why these crashes happen helps build a stronger case. The broader context is sobering: according to the Governors Highway Safety Association, Arizona consistently ranks among the most dangerous states for pedestrians, with one of the highest pedestrian-fatality rates in the nation, and Scottsdale sits squarely within Maricopa County, which together with Pima County accounted for 79.9% of all pedestrian fatalities in Arizona in 2024, per the Arizona Department of Transportation, 2024 Crash Facts. These are not abstract statistics: they reflect real crashes on real Scottsdale roads, and they underscore why identifying the precise cause of your crash, and the party legally responsible for it, is the foundation of every claim we build.
Because pedestrians have no structural protection from a vehicle impact, the injuries they sustain are frequently severe and permanent, including traumatic brain injury, spinal cord damage, fractures, internal organ trauma, and PTSD. According to NHTSA, the proliferation of larger, heavier vehicles has worsened pedestrian injury outcomes nationally over the past decade. The specific nature and mechanism of a pedestrian’s injuries are legally significant because insurers routinely argue that injuries are pre-existing or unrelated to the crash, making expert medical testimony tied to the crash biomechanics essential to proving damages.
Because pedestrians have no structural protection, no airbags, no seatbelt, no crumple zone, the injuries they sustain when struck by a vehicle are often severe, complex, and permanent. The force of even a low-speed impact can cause life-changing harm. NHTSA data confirms that pedestrian deaths nationally have risen sharply over the past decade, a trend driven in part by the proliferation of larger, heavier vehicles whose front-end geometry transfers more energy to the human body on impact, a biomechanical reality that is directly relevant to the severity of injuries seen in Scottsdale crash cases. From a legal standpoint, the nature and mechanism of your injuries are central to proving both causation and the full scope of your damages: insurers routinely argue that certain injuries are pre-existing or unrelated to the crash, and medical expert testimony tied to the specific biomechanics of your collision is often what defeats those arguments.
After a pedestrian accident in Scottsdale, call 911 immediately and seek medical evaluation even if you feel uninjured, adrenaline masks serious harm and a documented emergency response creates an official record. Photograph the scene, the vehicle, and the driver’s information if you are able, and collect witness contact details. Do not give a recorded statement to the at-fault driver’s insurer without an attorney, and contact a Scottsdale pedestrian accident lawyer as soon as possible to preserve evidence before it disappears.
The actions you take in the hours and days following a pedestrian accident can significantly affect your health, your safety, and the strength of your legal claim. Follow these steps as closely as your condition allows.
Elmm Law Group begins every Scottsdale pedestrian accident case with immediate evidence preservation, obtaining police reports, sending spoliation letters for surveillance footage and vehicle event data recorder (EDR) information, and retaining accident reconstruction experts before critical evidence is lost. The firm then documents the full scope of damages through treating physicians and independent medical experts, quantifies economic losses with vocational and forensic economic analysis, and negotiates from a fully documented position of strength, filing suit in Maricopa County Superior Court if the insurer refuses a fair settlement.
A successful pedestrian accident claim is built on thorough investigation, meticulous documentation, and aggressive advocacy. Here is how Elmm Law Group approaches each phase of your case.
As soon as you retain Elmm Law Group, we move quickly to preserve evidence before it disappears. We obtain the official police report and any Scottsdale Police Department or Arizona Department of Public Safety crash investigation records. We send spoliation letters to preserve any surveillance footage from nearby businesses, traffic cameras at intersections like Scottsdale Road and Camelback, or event-area cameras near WestWorld or TPC Scottsdale. We document the physical scene, identify and interview witnesses, and, where appropriate, retain accident reconstruction experts to establish exactly how the crash occurred.
We also investigate whether any third parties share liability: the City of Scottsdale for a defective crosswalk signal, a bar or restaurant under Arizona’s dram shop statute, or an employer if the driver was operating a commercial vehicle in the Airpark area.
In contested pedestrian accident cases, the difference between a fair recovery and an inadequate one often comes down to the quality and credibility of expert evidence. Elmm Law Group identifies and retains the right experts for each case from the outset, not as an afterthought when litigation looms.
Accident reconstruction specialists analyze physical evidence, vehicle damage profiles, tire marks, final rest positions, roadway geometry, sight lines, and lighting conditions, to reconstruct the precise sequence of events. In Scottsdale cases involving high-speed arterials like Hayden Road or complex intersection geometry near Loop 101, a qualified reconstructionist can establish the driver’s speed, reaction time, and point of impact in ways that are difficult for an insurer to dispute. This analysis is often the foundation on which liability is proven.
Medical experts play an equally critical role. Treating physicians document your current condition, but an independent medical expert, often a specialist in neurology, orthopedics, or physiatry, can provide a formal opinion on the causal link between the crash and your injuries, the necessity of past treatment, and the scope of future care you will require. This testimony directly counters insurer arguments that your injuries were pre-existing or that your treatment was excessive.
Economic and vocational experts quantify what your injuries cost you in terms of lost earning capacity. If a TBI or spinal injury has permanently limited your ability to work in your prior occupation, a vocational rehabilitation specialist and a forensic economist can translate that limitation into a concrete, defensible damages figure that accounts for your age, education, prior earnings, and projected career trajectory.
Human factors experts address driver perception and reaction, explaining to a jury why a driver traveling at a given speed, under specific lighting and road conditions, should have seen you and had time to stop. This type of testimony is particularly valuable when an insurer argues that you “came out of nowhere,” a claim that human factors analysis can systematically dismantle.
Scene and records preservation is the prerequisite for all of this. Elmm Law Group issues litigation hold notices and spoliation demands promptly after retention, targeting surveillance systems, event data recorders (EDRs) in the striking vehicle, traffic signal timing logs maintained by the City of Scottsdale, and any dashcam or telematics data from commercial vehicles. EDR data, often called the vehicle’s “black box”, can record pre-crash speed, braking, and steering inputs in the seconds before impact, and it must be preserved before it is overwritten or the vehicle is repaired or destroyed.
Insurance companies routinely undervalue pedestrian injury claims by focusing only on immediate medical bills. We work with your treating physicians and, when needed, independent medical experts to document the full scope of your injuries, including future treatment needs, long-term disability, and the psychological impact of your trauma. We gather employment records, tax returns, and expert economic analysis to quantify lost wages and diminished earning capacity. Every element of your damages is documented and supported so that nothing is left off the table.
With a fully documented case, we negotiate from a position of strength. We handle all communications with the at-fault driver’s insurer and, where applicable, your own underinsured motorist (UIM) carrier under A.R.S. § 20-259.01. If the insurer refuses to offer fair compensation, Elmm Law Group is fully prepared to file suit in Maricopa County Superior Court and take your case to trial. Our litigation experience means insurers know we are not bluffing, and that credibility often produces better settlement outcomes before trial ever begins.
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Scottsdale’s pedestrian crash patterns are shaped by its unique geography: the Loop 101/Shea Boulevard interchange, Old Town’s nightlife district, the Indian Bend Wash greenbelt crossings along Hayden Road, and event-driven traffic surges near WestWorld and TPC Scottsdale each create distinct liability scenarios. Arizona statutes A.R.S. § 28-792 and A.R.S. § 28-793 govern driver and pedestrian duties at crosswalks and interact differently depending on the specific intersection and road design involved. All Scottsdale personal injury lawsuits are filed in Maricopa County Superior Court, and Elmm Law Group is experienced with its local rules and judicial procedures.
Scottsdale’s pedestrian environment is unlike any other city in the Phoenix metro. Its combination of resort-area foot traffic, high-speed arterials, a sprawling greenbelt network, and seasonal event surges creates a specific set of crash patterns that a locally knowledgeable attorney understands, and uses to your advantage.
The Loop 101 (Pima Freeway) interchange with Shea Boulevard is a documented crash corridor where high-speed freeway traffic merges and exits near surface-street intersections used by pedestrians and cyclists. Frank Lloyd Wright Boulevard and Pima Road, the primary arteries serving WestWorld and the Scottsdale Airpark, carry heavy commercial and event traffic that is often unfamiliar with local pedestrian crossing patterns. The Indian Bend Wash greenbelt, while a beloved community amenity, creates multiple at-grade crossings along Hayden Road where pedestrian-vehicle conflicts are common. Old Town Scottsdale’s nightlife district presents a distinct risk profile: high pedestrian density, impaired drivers, and narrow streets where vehicles and foot traffic compete for space.
Arizona law shapes these claims in specific ways. A.R.S. § 28-792 establishes the driver’s duty to yield at crosswalks, and a violation of that statute constitutes negligence per se, meaning the legal standard of care is established by the statute itself, not by a general reasonableness argument. A.R.S. § 28-793 addresses pedestrian duties when crossing outside a crosswalk, and insurers will cite it aggressively. Understanding how these statutes interact in the context of specific Scottsdale intersections and road designs is part of what Elmm Law Group brings to your case.
All Scottsdale personal injury cases are filed in Maricopa County Superior Court, located in downtown Phoenix. Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive west of Scottsdale via Loop 202 or McDowell Road, and our team is deeply familiar with Maricopa County court procedures, local rules, and the judges who handle personal injury matters.
Gordana “Gordi” Mikalacki, Esq. founded Elmm Law Group to give injured Arizonans the kind of serious, experienced legal representation that is usually reserved for large corporate clients. Her background is built on exactly the credentials that matter in personal injury litigation.
Gordana served as an Assistant Attorney General for the State of Arizona, where she gained firsthand insight into how government entities and large institutions defend themselves against claims, knowledge she now uses exclusively on behalf of injured people. She clerked for the Arizona Court of Appeals, giving her a deep understanding of how appellate courts analyze legal arguments and what it takes to build a record that holds up on review. She earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University, one of the premier law schools in the Southwest.
When you hire Elmm Law Group, you work directly with Gordana, not a paralegal or a case manager. She personally reviews the evidence, develops your legal strategy, and advocates for you at every stage of the process. She is available 24/7 and communicates with clients in English, Spanish, and Serbo-Croatian, ensuring that language is never a barrier to getting the help you need.
There is no shortage of personal injury attorneys in the Phoenix metro area. Here is what sets Elmm Law Group apart for Scottsdale pedestrian accident victims:
If you or someone you love was struck by a vehicle in Scottsdale, whether on Scottsdale Road, near Old Town, along the Indian Bend Wash greenbelt, or anywhere else in the city, Elmm Law Group is ready to help you understand your rights and your options at no cost to you. There is no obligation, no upfront fee, and no pressure. We simply listen to what happened and tell you honestly what we can do for you. The sooner you reach out, the sooner we can begin protecting your claim.
Get Your Free Consultation - Available 24/7Elmm Law Group handles the full range of personal injury claims across Scottsdale. If your situation involves more than one of these areas, we handle it under a single case.
In most Scottsdale pedestrian accident cases, you have two years from the date of the accident to file a personal injury lawsuit in Maricopa County Superior Court. This deadline is set by A.R.S. § 12-542 and is strictly enforced, courts will almost always dismiss a claim filed after the statute of limitations has expired, regardless of how serious your injuries are.
There is an important exception: if a government entity is involved in your claim, for example, if the City of Scottsdale is liable for a malfunctioning crosswalk signal or a dangerous road design, you may be required to file a formal Notice of Claim with the relevant government body within 180 days of the accident under A.R.S. § 12-821.01. Missing this notice deadline can permanently bar your claim against the government. This is one of many reasons why consulting an attorney quickly after your accident is so important.
Arizona follows a pure comparative fault system under A.R.S. § 12-2505, which means that even if you were partially at fault, including for crossing outside a marked crosswalk, you can still recover compensation. Your total damages are simply reduced by your percentage of fault. If a jury finds you were 25% at fault and awards $200,000, you would receive $150,000.
Drivers still have a duty of care to pedestrians even outside of crosswalks. A.R.S. § 28-794 requires drivers to exercise due care to avoid striking pedestrians anywhere on the roadway. Insurance companies will aggressively argue that your location outside a crosswalk reduces or eliminates their liability, but that argument does not automatically succeed, and an experienced attorney can challenge it with evidence about the driver’s speed, attention, and reaction time.
Under A.R.S. § 28-792, a driver approaching a crosswalk, whether marked or unmarked, must yield the right-of-way to a pedestrian who is in the crosswalk on the driver’s side of the road, or who is close enough to the driver’s lane to be in danger. The driver must also stop and remain stopped until the pedestrian has safely crossed the lane the driver is traveling in.
A driver who violates this statute has committed a civil traffic violation and, more importantly for your case, has engaged in conduct that constitutes negligence per se under Arizona law. This means you do not have to prove the driver acted unreasonably in a general sense, the violation of the statute itself establishes the breach of the legal duty of care. This can significantly simplify the liability portion of your claim.
Personal injury lawsuits arising from Scottsdale accidents are filed in Maricopa County Superior Court. Elmm Law Group handles all filings, court appearances, and procedural requirements on your behalf. Most pedestrian accident cases resolve through negotiated settlement before trial, but if the insurer refuses to offer fair compensation, we are fully prepared to litigate your case through trial in Maricopa County Superior Court.
Elmm Law Group’s Phoenix office at 3401 N. 32nd St. is a short drive from Scottsdale via Loop 202 or McDowell Road, and our team is experienced with Maricopa County court procedures and local rules. You are not required to attend most court proceedings during the pretrial phase, and we will clearly explain when your presence is needed and what to expect.
Yes, significantly. If the driver who struck you was impaired by alcohol or drugs, their conduct may support a claim for punitive damages in addition to your compensatory damages. Arizona courts may award punitive damages under A.R.S. § 12-820.04 where a defendant’s conduct was sufficiently reckless or outrageous, and driving drunk through a pedestrian-heavy area like Old Town Scottsdale often meets that standard.
Additionally, if the driver was served alcohol at a bar or restaurant before the crash, Arizona’s dram shop liability statute (A.R.S. § 4-311) may allow a claim against that establishment if it served alcohol to a visibly intoxicated person. Old Town Scottsdale’s dense bar and restaurant district makes dram shop liability a real consideration in many nighttime pedestrian accident cases. Identifying and pursuing all available defendants is part of how Elmm Law Group maximizes your recovery.
Nothing upfront. Elmm Law Group handles pedestrian accident cases on a contingency fee basis, which means you pay no attorney fees unless and until we recover compensation for you. Your initial consultation is completely free, and there is no obligation to retain us after speaking with Gordana. If we take your case, our fee is a percentage of the recovery, agreed upon in writing before we begin, and you owe nothing if we do not win.
This arrangement means that every Scottsdale pedestrian accident victim, regardless of their financial situation, has access to the same serious, experienced legal representation. You should never have to choose between paying your medical bills and getting the legal help you need. Reach out today for your free, no-obligation consultation.
You are legally permitted to handle your own pedestrian accident claim, but doing so puts you at a significant disadvantage. Insurance adjusters handle hundreds of claims each year and are trained to minimize payouts, they know which questions to ask, which arguments to make, and how to use your own words against you. Without an attorney, you may not know the full value of your claim, the applicable deadlines, or the evidence needed to counter a comparative fault argument.
Pedestrian accident cases in Scottsdale frequently involve multiple liable parties, complex medical causation questions, and insurer tactics designed to reduce your recovery. Studies consistently show that injured people represented by attorneys recover significantly more compensation on average than those who negotiate alone, even after the attorney’s contingency fee is deducted. Given that Elmm Law Group charges nothing unless you win, there is no financial risk to consulting with us before deciding how to proceed.
The timeline for a Scottsdale pedestrian accident case depends on the severity of your injuries, the complexity of the liability questions, and whether the insurer negotiates in good faith. Cases involving clear liability and defined injuries may resolve through settlement in as little as a few months after you reach maximum medical improvement. Cases involving disputed liability, multiple defendants, or catastrophic injuries often take one to two years or longer, particularly if litigation in Maricopa County Superior Court becomes necessary.
A critical principle is that your case should not be settled until you have reached maximum medical improvement (MMI), the point at which your treating physicians can assess the full extent of your permanent injuries and future care needs. Settling before MMI risks accepting compensation that does not account for ongoing treatment costs, long-term disability, or future lost earnings. Elmm Law Group will not pressure you to settle prematurely, and we will advise you clearly on timing at every stage.
The value of a pedestrian accident claim in Scottsdale is shaped by several interconnected factors. The severity and permanence of your injuries are the most significant, a case involving a traumatic brain injury or spinal cord damage will generally have a higher damages ceiling than one involving a fracture that heals fully. Your pre-accident income and earning capacity affect the economic damages calculation, as does the degree to which your injuries limit your ability to work going forward.
Liability clarity also matters: a case where the driver clearly ran a crosswalk in violation of A.R.S. § 28-792 is easier to value and negotiate than one where fault is genuinely disputed. The at-fault driver’s insurance policy limits and whether you have underinsured motorist (UIM) coverage under your own policy (A.R.S. § 20-259.01) affect the practical ceiling on your recovery. The quality of evidence, surveillance footage, expert testimony, medical records, and the credibility of your damages documentation all influence what an insurer will pay to resolve the claim without going to trial.
Yes. Arizona’s pure comparative fault system under A.R.S. § 12-2505 allows you to recover compensation regardless of your percentage of fault, as long as another party also bears some responsibility. Your damages award is reduced proportionally by your assigned fault percentage, but there is no threshold below which you are barred from recovering, unlike modified comparative fault states that cut off recovery at 50% or 51%.
Insurance companies routinely try to inflate a pedestrian’s assigned fault percentage to reduce their payout. Common arguments include that you were crossing outside a crosswalk, wearing dark clothing at night, distracted by your phone, or failed to look before stepping into the street. An experienced attorney can counter these arguments with evidence about the driver’s speed, sight lines, reaction time, and compliance with Arizona traffic law, keeping your assigned fault percentage as low as the facts support.
The at-fault driver’s insurance company is not on your side. Its adjusters are trained to gather information that can be used to minimize your claim, and they may contact you quickly, sometimes within hours of the accident, to obtain a recorded statement or offer a fast settlement. You are not legally required to give a recorded statement to the other driver’s insurer, and you should not accept any settlement offer before consulting with an attorney.
Once you retain Elmm Law Group, we handle all communication with the insurance company on your behalf. This removes the risk that an offhand comment or incomplete answer will be used against you, and it signals to the insurer that your claim will be professionally managed and fully documented. Insurers respond differently to represented claimants, they know that an attorney who is prepared to litigate will not accept an inadequate settlement, and that knowledge often produces better offers.
Claims against government entities in Arizona, including the City of Scottsdale, Maricopa County, the Arizona Department of Transportation, or a school district, are subject to special procedural rules. Under A.R.S. § 12-821.01, you must file a formal Notice of Claim with the relevant government body within 180 days of the date your claim accrues. This notice must include specific information about the nature of your claim and the amount you are seeking. Failure to file a timely and compliant Notice of Claim can permanently bar your lawsuit against the government entity, regardless of how strong your underlying claim is.
Government liability in pedestrian accident cases can arise from a city vehicle striking a pedestrian, a defective or malfunctioning crosswalk signal maintained by the City of Scottsdale, dangerous road design or inadequate pedestrian infrastructure, or negligent maintenance of a public pathway such as a greenbelt crossing. Because the 180-day notice deadline is so much shorter than the standard two-year statute of limitations, it is critical to consult an attorney immediately if you believe a government entity may share responsibility for your accident.
The decision to settle or proceed to trial depends on the specific facts of your case, the insurer’s settlement position, and your personal circumstances. Settlement offers certainty, you receive a defined amount without the time, stress, and uncertainty of a trial. Trial offers the possibility of a higher recovery, but also the risk of a lower verdict or a defense verdict, and it adds significant time to the resolution of your case.
Most Scottsdale pedestrian accident cases resolve through settlement, and Elmm Law Group negotiates aggressively to achieve the best possible outcome without litigation. However, we are fully prepared to take cases to trial in Maricopa County Superior Court when the insurer’s offer does not fairly reflect the value of your claim. Our willingness and ability to litigate is not a bluff, and insurers who know that are more likely to negotiate seriously. Gordana will give you an honest assessment of the settlement offer relative to the realistic trial value of your case so you can make an informed decision.
If the driver who struck you was uninsured or underinsured, you may still have a path to compensation through your own auto insurance policy. Arizona law (A.R.S. § 20-259.01) requires insurers to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage, which can compensate you when the at-fault driver’s coverage is insufficient to cover your losses. Even as a pedestrian, not a driver, you may be able to access UM/UIM coverage under your own policy or a household member’s policy, depending on the policy language.
Elmm Law Group reviews all potentially applicable insurance policies at the outset of every case, including your own auto policy, any household policies, and any commercial policies that may apply if the driver was on the job. Identifying every available source of coverage is essential to maximizing your recovery when the at-fault driver’s insurance is inadequate.
When a pedestrian accident results in a fatality, surviving family members may bring a wrongful death claim under A.R.S. § 12-611. Arizona’s wrongful death statute allows the surviving spouse, children, parents, or the personal representative of the deceased’s estate to pursue compensation for the family’s losses, including funeral and burial expenses, loss of the deceased’s financial support and household contributions, loss of companionship and consortium, and the pain and suffering experienced by the deceased before death.
Wrongful death claims arising from Scottsdale pedestrian accidents are subject to the same two-year statute of limitations as personal injury claims, and the same 180-day Notice of Claim requirement applies if a government entity is involved. Elmm Law Group handles wrongful death cases with the same thoroughness and advocacy as serious injury claims, and we work closely with surviving family members to ensure that every element of their loss is documented and pursued.
Given our firm specializes in and exclusively handles personal injury cases, we’re able to provide one-on-one Client-Attorney contact to ensure our clients feel heard. Also, we don’t get paid unless you do! Our team can provide multilingual services in English, Spanish, and Serbo-Croatian.
If you’ve been injured in a car crash, motorcycle wreck, pedestrian accident, trucking collision, or from a dog bite, call our Phoenix personal injury lawyer today for a FREE consultation. We’re available 24/7!
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