After a pedestrian crash, the driver’s insurance company may start investigating before you’ve even left the hospital. You deserve someone protecting your side of the story. Gordi can preserve evidence, handle the insurer, and build your claim while you focus on recovering.
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I can’t say enough good things about Gordi. She is knowledgeable, responsive, and genuinely cares about her clients. She guided me through every step of the process and took the time to explain everything in an easy-to-understand way. I’m incredibly grateful for her help.
– Pamela O.
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Amazing law firm, super helpful, one of the best lawyers in all of Phoenix and the East Valley, Mesa, Gilbert, and Tempe. They really helped me with my settlement and got my car fixed quickly. The team worked really well. Kept me involved throughout the course of care. They helped me find great doctors in the area who got me feeling back to normal again. I really appreciate the firm and all their hard work. Get Gordi!
– Scott T.
Who Had the Right of Way?
Crosswalks, traffic signals, signs, turning movements, and where the pedestrian and vehicle were immediately before impact can all help determine who was responsible.
What Was the Driver Doing?
Speeding, distraction, impairment, failure to yield, an unsafe turn, or simply failing to see a pedestrian can become critical evidence in establishing negligence.
What Evidence Exists?
Surveillance footage, traffic-camera footage, witness accounts, photographs, police documentation, vehicle evidence, and electronic data may help reconstruct what happened.
Is the Insurance Company Blaming You?
An insurer may argue that you crossed outside a crosswalk, entered traffic unexpectedly, weren’t visible, or otherwise contributed to the collision. Arizona’s comparative-fault rules mean those allegations should be investigated rather than simply accepted.
How Serious Are the Long-Term Consequences?
Pedestrian collisions can cause injuries requiring months or years of treatment. A claim should consider future medical needs, lost earning ability, and lasting effects when supported by the circumstances.
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Not automatically. But Arizona law imposes important duties on drivers when pedestrians are crossing the road.
A.R.S. § 28-792 generally requires drivers to yield to pedestrians within marked crosswalks and unmarked crosswalks at intersections when the statute’s requirements are met.
A driver may therefore be responsible for a pedestrian collision because they:
Pedestrians also have responsibilities under Arizona law.
Where you crossed, whether a traffic signal controlled the intersection, when you entered the roadway, and whether the driver had a reasonable opportunity to see and avoid you can all affect the liability analysis.
Because Arizona follows comparative fault, responsibility doesn’t have to be all-or-nothing.
A driver can be primarily responsible even when an insurer claims the pedestrian did something wrong.
Find Out Who May Be Responsible →
The answer isn’t always as simple as “the driver’s insurance”. After a serious pedestrian accident, we look at both who may be legally responsible and what insurance coverage may be available.
The At-Fault Driver
The driver’s liability insurance is often the first source of compensation when careless driving caused the collision.
An Employer
Was the driver making a delivery, driving a company vehicle, or otherwise acting within the scope of employment? If so, an employer and its insurance coverage may become part of the claim.
Other Responsible Parties
Depending on the facts, another driver, vehicle owner, business, property owner, or other party may have contributed to the circumstances that caused the crash.
A Government Entity
Dangerous road design, traffic-control problems, or other public infrastructure issues can sometimes raise potential claims involving the City of Phoenix, Maricopa County, the State of Arizona, or another public entity. Different (and potentially much shorter) claim requirements can apply.
Additional Insurance Coverage
When the responsible driver’s insurance isn’t enough, other available coverage may need to be investigated. Depending on the policies and circumstances, that can include uninsured or underinsured motorist coverage.
A serious injury deserves a complete search for every responsible party and every applicable source of coverage.
Being hit by a vehicle can create losses that continue long after you leave the hospital. A pedestrian accident claim should account for the full impact of your injuries, today and in the future.
Compensation may include:
Your claim should reflect what the accident changed, not simply what you’ve been billed so far.
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Unlike someone inside a vehicle, a pedestrian has no seat belt, airbag, or surrounding structure to absorb the force of a collision.
That can cause several types of injuries at once:
Head and Brain Injuries
Impact with the vehicle or pavement can cause concussions, skull fractures, or more serious traumatic brain injuries with potentially lasting cognitive and neurological effects.
Leg, Hip and Pelvic Fractures
The initial vehicle impact frequently strikes the lower body. Fractures can require surgery, hardware, rehabilitation, and significant time away from work.
Spinal Injuries
Violent impact, twisting, or landing on the pavement can injure the vertebrae, discs, nerves, or spinal cord.
Internal Organ Damage
The force of a collision can cause internal bleeding and injuries to the chest, abdomen, and internal organs.
Lacerations and Abrasions
Broken glass, vehicle components, and contact with pavement can cause cuts, deep wounds, and severe abrasions.
Emotional and Psychological Injuries
Some victims experience anxiety, sleep problems, PTSD symptoms, or fear of crossing streets and being around moving vehicles after the crash.
One collision can produce multiple injuries, and each may have a different recovery timeline.
One of the most dangerous moments for a pedestrian can occur when a driver is focused on other vehicles instead of the person directly in their path.
A driver may be:
A driver saying “I didn’t see you” doesn’t necessarily explain why the collision happened.
The investigation should ask a more important question: Why didn’t they see you?
If you’re reading this from a hospital bed or while recovering at home, you may already be past the accident scene. That’s okay. You don’t need to have done everything perfectly to speak with a lawyer about what happened.
Couldn’t take pictures or collect witness information because you were injured? That doesn’t mean you don’t have a case.
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You shouldn’t have to track down surveillance footage from a hospital bed.
You shouldn’t have to figure out whether the driver was working, which insurance policy applies, or how to respond when an adjuster says you were partly at fault.
That’s our job.
When Gordi handles your pedestrian accident claim, Elmm Law Group can:
Gordi keeps you informed and explains the decisions that matter without making you manage the investigation yourself.
Your responsibility is getting better. Ours is building the strongest case the evidence supports.
After a serious pedestrian accident, you need more than someone to forward paperwork to an insurance company. You need an attorney who can investigate what happened, understand the full impact of your injuries, and keep you informed throughout the case.
17+ Years of Arizona Legal Experience
Gordi Mikalacki brings more than 17 years of experience in Arizona’s legal system, giving her a deep understanding of the laws, courts, and procedures that can shape your pedestrian accident claim.
Former Arizona Assistant Attorney General
Before representing injured people, she worked inside the Arizona Attorney General’s Office, experience that helped develop the investigative and legal skills she now uses for her clients.
Direct Access to Your Attorney
You won’t be left wondering who is actually handling your case. Gordi works directly with clients and keeps you informed about important developments and decisions along the way.
Personal Injury Focus
Elmm Law Group focuses on injury claims, allowing the firm to concentrate its work on the legal, medical, insurance, and financial issues that follow serious accidents.
No Upfront Attorney Fees
You don’t pay an attorney fee to get your case started. Elmm Law Group is paid an attorney fee only if compensation is recovered for you.
Phoenix was built around the automobile. Wide arterial roads, multiple traffic lanes, high vehicle speeds, long crossings, major intersections, and heavy turning traffic can create serious risks when drivers and pedestrians cross paths.
For a Phoenix pedestrian accident, that can mean knowing:
Elmm Law Group is based in Phoenix and handles Arizona personal injury cases from here.
Do I have a case if I wasn’t in a crosswalk?
Possibly. Being outside a marked crosswalk does not automatically mean the driver bears no responsibility. Arizona law imposes duties on both drivers and pedestrians, and the circumstances of the collision, including where you crossed, what the driver could see, the driver’s speed, and whether either person had time to avoid the collision, can all matter.
What if the insurance company says I was partly at fault?
Arizona follows a comparative-fault system. Being assigned some responsibility for the collision does not necessarily prevent you from recovering compensation, although your recovery can be reduced according to your share of fault. Because insurers have a financial incentive to shift blame, the evidence supporting any fault allegation should be examined carefully.
What if the driver who hit me doesn’t have enough insurance?
Other potential sources of recovery may need to be investigated. Depending on the circumstances and available policies, uninsured or underinsured motorist coverage may apply. There may also be additional responsible parties or insurance coverage that isn’t obvious immediately after the crash.
What if the driver left the scene?
A hit-and-run does not necessarily leave you without options. Report the collision promptly and preserve whatever information is available about the vehicle, witnesses, cameras, and scene. Applicable insurance coverage may also provide a potential source of compensation even if the driver cannot immediately be identified.
How long do I have to bring a pedestrian accident claim in Arizona?
Different deadlines can apply depending on the circumstances. Most Arizona personal injury claims are subject to a two-year limitations period, but claims involving a government entity can involve much shorter notice requirements. It’s safer to have the applicable deadline determined early rather than assuming you have two years.
Should I give the driver’s insurance company a recorded statement?
Be cautious. An adjuster may ask questions about where you were walking, what you saw, whether you were distracted, and how you feel. Statements made early in the claim can later become important, particularly when fault or the extent of your injuries is disputed.
How much is my pedestrian accident case worth?
There isn’t a reliable formula. Case value can depend on the severity and permanence of your injuries, medical expenses, future treatment, lost income, reduced earning capacity, pain and suffering, available insurance, and the evidence concerning fault.
After being hit by a vehicle, you may be dealing with medical appointments, pain, missed work, and an insurance company asking questions you aren’t ready to answer.
You don’t have to figure out the legal side alone.
Tell Gordi what happened. We’ll help you understand your options, investigate the accident, and determine what steps may make sense from here.
Your consultation is free, and there are no upfront attorney fees. You pay no attorney fee unless we recover compensation for you.
Gordana “Gordi” Mikalacki, Esq. founded Elmm Law Group to give Phoenix injury victims the kind of skilled, attentive representation that is often reserved for clients of large corporate defense firms. Her background is unusual in the personal injury field, and that background works directly in her clients’ favor.
Gordi earned her J.D. from the Sandra Day O’Connor College of Law at Arizona State University. She went on to clerk for the Arizona Court of Appeals, where she developed a deep understanding of how appellate courts analyze legal arguments and what it takes to build a record that holds up on review. She then served as an Assistant Attorney General for the State of Arizona, where she litigated on behalf of the state and developed firsthand knowledge of how government entities and large institutional defendants approach litigation and settlement.
She now applies that experience exclusively to personal injury cases, representing individuals and families, not corporations or insurers. Gordi works directly with every client at Elmm Law Group. You will not be handed off to a paralegal or a junior associate. She is available around the clock and conducts consultations and client communication in English, Spanish, and Serbo-Croatian.
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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!