Rogers Pedestrian Accident Lawyers

In 2023, Arkansas had the fifth-highest roadway fatality rate among all states. From 2016 through 2023, 4,674 people died in fatal traffic accidents in Arkansas. 12% of the Arkansas traffic deaths in 2023 involved pedestrians. 

These sobering statistics demonstrate the tragedy of what can happen when a large metal machine collides with a vulnerable pedestrian. Pedestrian accident victims know firsthand how quickly a collision with a motor vehicle can disrupt lives. Victims can be left with serious injuries, emotional trauma, financial concerns, and uncertainty about the future. 

The Rogers pedestrian accident lawyers at Horton Personal Injury Lawyers don’t want you to have to worry. We fight hard to secure compensation for our clients that helps them move into the next phase of their life with confidence and the financial resources necessary to treat serious injuries. We can discuss your legal rights and options for pursuing fair compensation following a pedestrian accident during a free consultation. Call us now to get started. 

 

How a Pedestrian Accident Lawyer Can Help You 

Pedestrians often suffer severe injuries when vehicles crash into them due to the lack of protection pedestrians have against automobiles. These injuries can make it difficult to function, let alone consider how to handle a complex legal process. Even worse, insurance companies like to prey on the vulnerable, so they may be making this process even more difficult than necessary. 

An experienced Rogers personal injury lawyer can help by:

  • Meeting with you during a free consultation to discuss Arkansas law and your potential personal injury claim
  • Guiding you through the legal process and answering any questions that arise
  • Investigating your case and determining liability
  • Accumulating information to account for the full extent of your damages 
  • Handling communications with insurance companies and protecting your legal rights 
  • Negotiating for fair compensation 

Horton Personal Injury Lawyers has represented thousands of clients and secured millions of dollars in compensation. We can discuss your situation during a free and confidential case review. Contact us today to get started. 

 

Common Pedestrian Injuries

Pedestrian accidents often result in severe injuries due to the lack of protection afforded to pedestrians and the physical force of an impact with a motor vehicle. Some common injuries pedestrian accident victims suffer include:

  • Traumatic brain injuries and other head injuries
  • Spinal cord injuries
  • Neck and back injuries
  • Internal organ damage
  • Severe burns and abrasions
  • Road rash
  • Broken bones and orthopedic trauma
  • Soft tissue injuries 

These injuries can cause life-altering consequences, resulting in permanent disabilities and a loss of mobility. They can be expensive to treat, creating unexpected medical expenses and an uncertain financial future. They can also be incredibly painful, draining victims’ energy and reducing their quality of life. 

 

Where Do Pedestrian Accidents Occur in Rogers, Arkansas? 

Unfortunately, Arkansas is considered one of the worst ten states for pedestrian accidents, with the Natural State often making top-ten lists for pedestrian deaths per capita. Pedestrian accidents can occur anywhere, including:

  • On the square
  • At busy intersections, such as the intersection of Walnut Street and Eighth Street, or at Promenade Boulevard 
  • In school zones
  • At shopping centers
  • In parking lots
  • In residential areas

 

Why Do Pedestrian Accidents Occur? 

Even in a quiet area like Rogers, drivers must remain vigilant and keep a proper lookout for pedestrians. Many pedestrian accidents occur due to driver error or negligence, such as:

  • Distracted driving
  • Speeding
  • Failing to yield the right-of-way at crosswalks or intersections
  • Unsafe passing
  • Failing to keep a proper lookout
  • Running red lights or stop signs

 

Other pedestrian accidents occur due to dangerous conditions on the property or road design.

 

The Most Common Types of Pedestrian Accidents

Pedestrian accidents can take various forms, but some of the most common include the following:

 

Crosswalk Accidents

Despite clear traffic signals there, crosswalks still remain a common site for pedestrian accidents. This is because drivers may not obey the signals, ignore them, or not notice them. When drivers aren’t paying attention or are distracted, crosswalk accidents are more likely to occur. 

 

Intersection Accidents

Intersections are one of the most common locations for all types of motor vehicle accidents because they are where traffic involving motor vehicles, pedestrians, and bicyclists converges. If anyone breaks a traffic law, a serious accident can occur.

 

Hit-and-Run Accidents

After hitting a pedestrian, some motorists flee the scene. This can add an extra layer of complexity to the case because the at-fault party may not be identified. An experienced attorney can work with police to try to locate the fleeing driver and explore your other legal options for financial compensation. 

 

Drugged or Drunk Driving Accidents

One of the most common reasons hit-and-run accidents occur is that the driver was under the influence of drugs or alcohol. Impaired drivers have reduced reaction time and blurry vision, so they may not notice a pedestrian until it’s too late. 

 

Parking Lot Accidents

Parking lots can be especially dangerous for pedestrians when distracted drivers are looking for a place to park and not for nearby vulnerable pedestrians. 

 

Sidewalk Accidents

Sidewalk accidents can occur due to negligent property maintenance, which can lead to uneven pavement, cracks, ice buildup, or debris.

Each of the types of personal injury cases described above requires unique insight into the crash type and how it occurred. An experienced pedestrian accident attorney from Horton Personal Injury Lawyers can review your case and determine who is liable. 

 

Arkansas Pedestrian Laws 

Arkansas lawmakers understand the devastating injuries that these crashes can cause, so they have passed laws that place responsibilities on both drivers and pedestrians to prevent them. Arkansas Code § 27-51-1202 requires motorists to exercise due care to avoid collisions and to yield to pedestrians in crosswalks. The driver must also wait until the pedestrian clears the entire crosswalk before proceeding.

There are also special rules requiring drivers to exercise due care not to avoid colliding with the elderly or people with disabilities. They must also obey special school zone laws. In Arkansas, the maximum speed in any residential area is 30 mph, so if the driver exceeds that limit, they may be legally responsible for colliding with a pedestrian. 

Meanwhile, Arkansas Code § 27-51-1204 establishes pedestrian duties and responsibilities, including using designated crosswalks and following traffic signals. If pedestrians obey traffic lights and signs, the motorist is likely at fault if a collision occurs.

 

Who Is at Fault for a Pedestrian Accident in Arkansas? 

Pedestrians and drivers are both responsible for preventing collisions. One or both of these parties may contribute to the accident. Additionally, other parties may be legally responsible for an accident, such as a vehicle owner who failed to provide proper maintenance to their vehicle, a property owner who contributed to the accident due to dangerous conditions on the property, the government for failing to maintain the roadway, or an employer of a driver who was working at the time of the accident. 

An experienced personal injury attorney can investigate your case to determine who is responsible. In some situations, more than one party is responsible. 

If the pedestrian accident victim contributed to their own injuries, they may still be able to recover compensation under Arkansas’ modified comparative negligence law. Under this rule, personal injury victims can recover compensation for their injuries even when they contributed to the accident as long as they are less than 50% at fault. However, their damages are reduced by their proportion of fault. So, if they are found 20% at fault for the accident, their potential compensation is reduced by 20%. 

 

Damages You Can Recover Through a Personal Injury Claim 

Pedestrian accidents can lead to exorbitant medical expenses, extended periods of time away from the job, chronic pain and suffering, and emotional overwhelm. By filing a personal injury lawsuit or claim, accident victims may be able to recover damages or financial compensation for these and other losses.

Damages account for measurable losses, such as medical bills and lost wages, as well as more subjective losses such as pain and suffering. Our personal injury attorneys can carefully analyze your pedestrian accident case to identify all the damages you may be able to seek, such as:

 

  • Medical treatment: Costs for emergency care, surgeries, hospital stays, medications, physical therapy, and rehabilitation. 
  • Future medical expenses: Projected costs for future medical procedures, long-term care, and ongoing care
  • Lost income: Compensation for lost wages, salaries, tips, bonuses, commissions, and self-employment income
  • Reduced earning capacity: Decreases in your long-term earning potential caused by permanent disabilities or impairments
  • Property damage: Costs to cover items that were damaged or broken in the accident, such as your cell phone or clothing
  • Out-of-pocket expenses: You may have incurred expenses related to the accident, such as transportation to medical appointments or home modifications to accommodate a disability
  • Pain and suffering: Compensation for your physical and emotional pain and suffering 
  • Permanent disabilities or impairments: Compensation for injuries that cause lasting permanent disabilities or impairments that reduce your overall quality of life
  • Scarring or disfigurement: Compensation for visible scarring or disfigurement caused by your injuries 
  • Loss of enjoyment of life: Recognition for your inability to participate in favorite pastimes, hobbies, or activities due to your injuries 

 

Our seasoned personal injury attorneys can ensure that these damages are accurately accounted for and fight for the full compensation you deserve.

 

What to Do After a Pedestrian Accident 

Car crashes involving pedestrians can be terrifying. If you are hurt in a pedestrian crash, follow these steps to protect your health and legal rights:

 

Report the Accident Immediately

If you are able to, use a cell phone to contact the police immediately. This can help ensure that a law enforcement officer responds to the scene and you receive emergency services, if necessary. Police reports can be crucial in these types of cases, possibly pinpointing liability or indicating that the driver violated the law, such as by drinking and driving or texting while driving.

 

Stay Safe

Depending on the type of injuries you sustained, you may not be able to move, or you may be advised by emergency medical personnel not to. Follow this advice to avoid worsening your injuries. Ask the driver to activate their hazard lights or alert other drivers to the situation so you don’t get hurt in a secondary car accident.

 

Gather Information 

Either by doing it yourself or delegating the task to someone else, document the accident scene by:

 

  • Getting the driver’s information, including their name, contact information, and liability insurance information 
  • Taking pictures of the vehicle, license plate, and damage to it
  • Photographing or recording the accident scene
  • Asking witnesses for their names and phone numbers

 

Seek Medical Attention 

 

If you weren’t immediately taken to the hospital by ambulance, seek medical treatment. Keep all of your medical records, as they can serve as critical evidence in your case. Follow your doctor’s orders and keep all of your appointments. 

 

Retain Legal Counsel

An experienced attorney can help navigate legal complexities and fight for the maximum compensation you deserve.

 

What Is the Statute of Limitations for a Pedestrian Accident Lawsuit in Arkansas

Statutes of limitations are recovery periods that dictate when someone must take specific legal action, such as filing a lawsuit. The general statute of limitations for a personal injury claim is three years, but the time may vary depending on factors such as whether the victim was a minor or whether the government is being sued. An experienced lawyer can review your case and explain the applicable deadlines.

 

Contact Our Trial Attorneys for a Free and Confidential Legal Consultation 

If you or a loved one suffered a serious injury in a Rogers pedestrian accident, Horton Personal Injury Lawyers wants to help. We want to hold the negligent party responsible for the injuries you’ve suffered. And, because we work on a contingency fee basis, we don’t charge any attorney fees unless we successfully recover compensation on your behalf. Contact us today for a free, no-obligation consultation.