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If you need a Tempe pedestrian accident lawyer, Elmm Law Group handles your case from evidence to settlement, including all insurance communication.
Being struck by a vehicle as a pedestrian is one of the most physically devastating things that can happen to a person. Arizona law gives you important rights, but those rights come with deadlines and procedural requirements that must be respected from day one.
Here are the core things every Tempe pedestrian accident victim should understand: For more detail, see our guide on Tempe Truck Accident Lawyer.
At first glance, a pedestrian accident case can seem straightforward: a driver hit a person on foot, the driver should pay. In practice, these claims involve multiple layers of dispute that insurance companies exploit aggressively.
Insurers commonly argue that the pedestrian was jaywalking, stepped off the curb unexpectedly, was wearing dark clothing at night, or was distracted by a phone. Even a small finding of comparative fault on your part reduces your recovery, and insurers know this. They will look for any evidence, including surveillance footage, witness statements, and even your social media posts, to build that argument.
There are also practical complications around identifying all liable parties. A turning driver at an intersection may bear fault, but so might a bar or restaurant that over-served an intoxicated driver under Arizona’s dram shop statute (A.R.S. 4-311), a municipality whose crosswalk signal was malfunctioning, or an employer if the driver was working at the time. Missing a liable party means leaving compensation on the table.
Valuing the claim is another area where disputes arise. Severe pedestrian injuries often require long-term care, multiple surgeries, and months or years of lost income. Insurers routinely dispute the necessity or cost of future medical treatment. Without expert medical and economic testimony, injured pedestrians frequently accept settlements that fall far short of their actual needs.
A successful pedestrian accident claim in Arizona can include both economic and non-economic damages. In cases involving egregious conduct, punitive damages may also be available. The following categories commonly apply:
Tempe’s unique mix of a massive university population, a thriving nightlife corridor, and some of the Valley’s busiest surface streets creates conditions that lead to pedestrian crashes with troubling regularity. Understanding the most common causes helps identify who is liable and what evidence needs to be gathered.
Failure to yield at crosswalks is the leading cause of pedestrian injuries in Tempe. Under A.R.S. 28-792, drivers are legally required to stop for pedestrians in marked and unmarked crosswalks. Along University Drive near Arizona State University’s main campus, crosswalk conflicts are a daily occurrence as tens of thousands of students move between campus buildings, parking structures, and light-rail stops. Drivers impatient with heavy foot traffic frequently roll through crosswalks or fail to check for pedestrians before accelerating.
Turning-vehicle crashes are especially prevalent along Apache Boulevard, the primary Valley Metro light-rail corridor through Tempe. Drivers making left or right turns at signalized intersections often focus on oncoming traffic and fail to look for pedestrians stepping off the curb. The combination of rail passengers, cyclists, and foot traffic along this corridor makes it one of the most complex pedestrian environments in the East Valley.
Drunk and impaired driving is a significant factor in the Mill Avenue District, particularly on weekend nights. The concentration of bars and restaurants along Mill Avenue between 3rd Street and Rio Salado Parkway generates high volumes of late-night vehicle and pedestrian activity. DUI-related pedestrian crashes in this corridor frequently involve drivers leaving nearby parking structures or attempting to navigate the area’s one-way streets while impaired.
Distracted driving on major arterials including Rural Road, McClintock Drive, Scottsdale Road, and Elliot Road contributes to a significant share of pedestrian crashes. Drivers texting, adjusting navigation, or interacting with passengers at speeds of 40 to 50 miles per hour have very little time to react to a pedestrian in or near a crosswalk.
Speeding and red-light running are also documented problems in Tempe. ADOT data has ranked Tempe among the Valley’s higher-red-light-crash cities, and pedestrians near busy intersections on Broadway Road, Southern Avenue, and Baseline Road face real danger from drivers who run red lights or accelerate through yellow lights.
Inadequate lighting and crosswalk infrastructure in certain areas, particularly along older commercial strips, can also contribute to crashes. When a government entity is responsible for maintaining safe pedestrian infrastructure and fails to do so, that entity may share liability, though the notice-of-claim timeline under A.R.S. 12-821.01 must be followed strictly.
Pedestrians have no structural protection when struck by a vehicle. Even a low-speed impact can cause serious harm; at the speeds common on Tempe’s arterial roads, the injuries are frequently catastrophic. The following injuries appear regularly in pedestrian accident cases handled by Elmm Law Group:
The actions you take in the hours and days after a pedestrian accident can significantly affect the strength of your legal claim. If you are physically able, follow these steps:
Elmm Law Group takes a thorough, evidence-driven approach to every pedestrian accident claim. The process begins the moment you contact the firm and continues through resolution, whether by settlement or trial.
Attorney Gordi Mikalacki moves quickly to secure evidence before it is lost. This includes obtaining the Tempe Police Department crash report, requesting surveillance footage from nearby businesses and traffic cameras along corridors such as Apache Boulevard or Mill Avenue, preserving the vehicle’s event data recorder (black box) data, and identifying all potential witnesses. In cases involving crosswalk signal malfunctions or road design issues, the firm also investigates the City of Tempe’s maintenance records and any prior complaints about the location.
When necessary, the firm works with accident reconstruction experts who can analyze physical evidence and produce a detailed reconstruction of how the crash occurred and who was at fault. This expert testimony can be decisive in contested liability cases.
Elmm Law Group works closely with your treating physicians and, where appropriate, independent medical experts to document the full extent of your injuries, your treatment needs, and your long-term prognosis. The firm also works with economic experts to calculate lost earning capacity and the lifetime cost of ongoing care, ensuring that no element of your damages is understated or overlooked in settlement negotiations.
Medical records, billing statements, employment records, and expert reports are compiled into a complete demand package that presents your claim in the strongest possible light to the insurance company or, if necessary, to a Maricopa County Superior Court jury.
Elmm Law Group negotiates from a position of preparation. Insurance companies are more likely to offer fair settlements when they know the opposing attorney is genuinely prepared to take the case to trial. If a fair resolution cannot be reached through negotiation, the firm is fully equipped to file suit in Maricopa County Superior Court and litigate your case before a judge and jury. Gordi Mikalacki’s background as a former Arizona Assistant Attorney General and Court of Appeals law clerk gives her a litigation foundation that sets her apart from attorneys who rarely see the inside of a courtroom.
Tempe is not a generic Arizona city, and a pedestrian accident claim here is not a generic claim. The specific roads, intersections, and environments where crashes occur matter enormously when building a case, and Elmm Law Group understands this landscape in detail.
University Drive and Mill Avenue are among the most pedestrian-saturated corridors in the entire Valley. The foot traffic generated by Arizona State University’s main campus, which enrolls one of the largest student populations in the country, means that crosswalk conflicts happen constantly along these routes. Sun Devil Stadium events add unpredictable surges of pedestrian volume on game days, and the surrounding streets, including Veterans Way, Stadium Drive, and nearby sections of Rural Road, become high-risk zones when large crowds are dispersing.
Tempe Town Lake and the adjacent Rio Salado Parkway area attract recreational pedestrians and cyclists who share space with vehicle traffic in ways that are not always well-signed or well-lit after dark. Broadway Road and Southern Avenue, both major east-west arterials with high truck and commuter traffic, are locations where pedestrian crossings can be dangerous, particularly at mid-block crossings or intersections with long signal cycles that encourage pedestrian impatience.
Arizona law shapes every element of a Tempe pedestrian accident claim. A.R.S. 28-792 establishes the driver’s duty to yield at crosswalks. A.R.S. 28-793 addresses pedestrian duties when crossing outside a crosswalk, which is a statute insurers frequently cite to argue comparative fault. Understanding how these statutes interact, and how Arizona courts have interpreted them, is essential to presenting a winning case.
Cases arising from Tempe pedestrian accidents 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 northwest of Tempe via Loop 202 (Red Mountain Freeway) or Interstate 10, making it convenient for Tempe clients to meet with Gordi Mikalacki in person. The firm is also available by phone and video for clients whose injuries make travel difficult.
Gordana “Gordi” Mikalacki, Esq. is the founder and lead attorney at Elmm Law Group. She earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University, where she developed a deep understanding of Arizona’s legal system and the courts that serve communities like Tempe. After law school, she clerked for the Arizona Court of Appeals, gaining firsthand insight into how appellate courts analyze personal injury cases and what arguments actually hold up under judicial scrutiny.
Gordi then served as an Arizona Assistant Attorney General, where she litigated complex cases on behalf of the state and developed the courtroom skills and legal rigor that now benefit her personal injury clients. That government-side experience gives her a unique understanding of how opposing parties, including large insurers and government entities, approach litigation strategy.
Today, Gordi focuses exclusively on personal injury law. She works directly with every client, meaning you will speak with the attorney handling your case, not a paralegal or case manager. She is available 24 hours a day, seven days a week, and serves clients in English, Spanish, and Serbo-Croatian. For Tempe pedestrian accident victims navigating one of the most difficult experiences of their lives, having direct access to an attorney of Gordi’s caliber makes a real difference.
There are many personal injury firms in the Phoenix metro area. Here is what makes Elmm Law Group different for Tempe pedestrian accident victims:
If you or someone you love was struck by a vehicle in Tempe, you deserve to know your legal options without any pressure or upfront cost. Elmm Law Group offers free, confidential consultations to pedestrian accident victims throughout Tempe and the East Valley, and the firm is available around the clock because accidents do not happen on a schedule. There is no fee unless the firm recovers compensation for you, so there is nothing to lose by reaching out today.
Do not wait. Evidence fades, witnesses move on, and Arizona’s legal deadlines are unforgiving. Let Gordi Mikalacki and Elmm Law Group put their experience to work for you.
Get Your Free Consultation - Available 24/7In most Tempe pedestrian accident cases, Arizona’s general personal injury statute of limitations gives you two years from the date of the crash to file a lawsuit, under A.R.S. 12-542. If you miss this deadline, the court will almost certainly dismiss your case and you will lose the right to recover any compensation.
There is an important exception: if a government entity is involved, such as the City of Tempe, a public transit authority, or another public agency, you must file a formal notice of claim within 180 days of the incident under A.R.S. 12-821.01. This is a much shorter window, and failing to meet it can be just as fatal to your claim as missing the two-year deadline. If there is any possibility that a government entity bears responsibility, contact an attorney immediately.
Arizona uses a pure comparative fault system under A.R.S. 12-2505, which means that even if you were partially at fault, you can still recover damages. Your recovery is simply reduced by your percentage of fault. So if a jury finds you were 20 percent at fault and your total damages are $200,000, you would recover $160,000.
Drivers and their insurers routinely raise jaywalking or other pedestrian-fault arguments to reduce their exposure. A.R.S. 28-793 does place certain duties on pedestrians crossing outside of a crosswalk, but that statute does not eliminate a driver’s independent duty to exercise reasonable care. An experienced pedestrian accident attorney can challenge fault allegations with evidence, witness testimony, and accident reconstruction, and work to keep your comparative fault percentage as low as possible.
Elmm Law Group handles pedestrian accident cases on a contingency fee basis. This means you pay no attorney fees unless and until the firm recovers compensation for you, whether through a settlement or a court judgment. There are no upfront costs and no hourly billing. If the firm does not win your case, you owe nothing in attorney fees.
The initial consultation is also completely free and confidential. You can discuss your situation with Gordi Mikalacki, understand your legal options, and make an informed decision without any financial commitment or pressure.
Pedestrian accident lawsuits arising from crashes in Tempe are filed in Maricopa County Superior Court. Tempe is located in Maricopa County, and the Superior Court is the court of general jurisdiction that handles personal injury cases with damages above the limited jurisdiction threshold. Elmm Law Group is experienced in Maricopa County Superior Court and handles all aspects of litigation there on your behalf.
For smaller claims, the Maricopa County Justice Courts may have jurisdiction, but most serious pedestrian accident cases involving significant medical bills and lost income will be filed in Superior Court. Your attorney will advise you on the appropriate venue based on the specifics of your case.
If the driver who struck you was impaired by alcohol or drugs, that fact strengthens your negligence claim significantly. A DUI conviction or even a DUI arrest is powerful evidence of the driver’s fault. In cases involving drunk driving, courts may also consider punitive damages, which go beyond compensating your actual losses and are intended to punish particularly reckless conduct.
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, particularly if the driver was visibly intoxicated when served. Given the concentration of bars and restaurants in Tempe’s Mill Avenue District, dram shop liability is a real consideration in many Tempe DUI-pedestrian cases. Elmm Law Group investigates all potential sources of liability to maximize your recovery.
Yes. Drivers owe a duty of reasonable care to pedestrians in parking lots, private driveways, and other private property, not just on public roads. Pedestrian accidents in parking lots near Tempe Marketplace, Sun Devil Stadium, or ASU campus parking structures, for example, can give rise to valid personal injury claims against the at-fault driver.
In some cases, the property owner may also bear responsibility if the parking lot’s design, lighting, or signage contributed to the crash. Premises liability claims can run alongside a negligence claim against the driver, potentially increasing the total compensation available to you. An attorney can evaluate all potential defendants based on the specific facts of your accident.
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!
Take your first step towards speaking with our office by contacting us for a FREE consultation today. Call us at (480) 329-5084 or complete the form below. We look forward to evaluating your case!