Some people who are walking or biking near busy roads take risks by trying to cross the street through traffic. If they are hit by a vehicle going full speed, there is little chance for survival.
A pedestrian was killed in the area of Phoenix near Scottsdale, Arizona.
Victim is struck while trying to cross a busy street in the dark
The accident happened somewhere between the intersections of 124th Street and 128th Street with Shea Boulevard during the early morning hours on a Thursday before the sun came up. One pedestrian who was involved was pronounced dead at the scene. Another vehicle had to be towed from the scene.
Footage from a news helicopter showed the westbound lanes of Shea Boulevard totally closed off to traffic with just a white van and two police vehicles nearby in a residential neighborhood. This was part of the Scottsdale police detail that was investigating the incident and removing the body of the victim from the accident scene. Emergency crews were also working to clear debris from the area. Initial reports showed that the pedestrian was not in a crosswalk or near an intersection, and the road had multiple lanes of traffic in each direction that would not be safe for pedestrians.
Drivers were advised to avoid the area if possible, as significant delays were expected. Police were directing traffic several blocks north through a detour.
When a driver strikes a pedestrian in Arizona
If a pedestrian is killed, in most cases their family members can use Arizona’s wrongful death law to file a civil case against the driver who caused the accident. This is not a criminal case, and if the driver is charged by the state, that criminal case will proceed separately. A civil case is usually the only way to be paid for expenses like lost wages, hospital visits, and funeral arrangements.
Arizona’s wrongful death law says that a civil case must be filed within two years of the day the victim died. This is a short statute of limitations compared to most other legal actions. The wrongful act, neglect, or default or the party at fault must create a situation that would allow the victim to sue for negligence if they had survived. Only a few categories of family members can bring this case on the deceased person’s behalf. It must be a spouse, child, parent or guardian, or a legal representative of the victim’s estate.
Be sure to get legal help after a motor vehicle accident
Serious accidents require an appropriate legal response to ensure that you are paid for all of your losses. Speak with a personal injury lawyer at:
4425 North 24th St., Ste. 225, Phoenix, AZ 85016
602-777-3300
www.southwestinjurylaw.com
