An early Saturday morning crash between a driver and a pedestrian left the pedestrian dead in Phoenix. Police have stated that both people involved, the driver and the pedestrian, may have been under the influence of alcohol or drugs at the time.
The incident occurred near 20th Avenue and Indian School Road in the early morning hours. Friends say a 25-year-old man was walking in the road and exposing his buttocks to passing drivers to “moon” them. The friends reportedly tried to get the man out of the road but the man refused and continued walking, at times laying down in the road.
Eventually, a 48-year-old passing driver came upon the pedestrian and a collision between the two occurred. The 48-year-old driver was also reportedly under the influence of alcohol or drugs at the time of the incident and it is not clear whether he was injured in the crash. The 25-year-old pedestrian was critically injured and transported to a local hospital, where he later died.
Area police responded to the crash and began investigating. After determining that the driver may have been under the influence, police arrested the man and charged him with aggravated DUI. They have not said whether the man is facing any additional charges related to the death of the pedestrian or what the results of toxicity screens revealed about either man involved.
Under Arizona law, when a victim is injured or killed by the negligence of another, the victim or victim’s family may be able to bring a claim for a financial recovery. Even if the victim bears some of the blame for the accident, there may still be the ability of monetary damages. In this accident, if the facts alleged are proven, then the victim will likely bear some, but not all, of the fault.
When a driver chooses to drink and get behind the wheel of a car, the driver places the safety of everyone else at risk. Arizona realizes this and that is one of the reasons that Arizona has some of the strictest drunk driving laws and penalties in the nation. Yet despite the threat of legal repercussions, thousands of Arizona drivers hit the roads while under the influence every year.
Drunk drivers are more likely than their sober counterparts to cause a collision with another car, a fixed object, or a pedestrian because alcohol depresses the nervous system’s ability to make decisions and act quickly. When a pedestrian is hit by a car, the pedestrian is very likely to suffer from severe injuries, or even as this case illustrates, death.
If you have been the victim of an accident while walking or if your loved one has been injured or killed, you should know that the law provides you with certain protections and certain rights which may include the right to recover against a driver who contributed to your accident. At Abels & Annes, P.C., we are Phoenix pedestrian accident injury lawyers who dedicate our practice to representing victims of accidents. With decades of experience, we are ready to represent you. Call us for a free telephone consultation today at (602) 819-5191 or toll free at (855) PHX-LAWYER. At Abels & Annes, P.C., we are standing by 24 hours a day, seven days a week to take your call so that we can be available when you need us. There is never an obligation associated with the free telephone consultation and we are standing by, so please call us now.
Prior Blog Entries:
Another Near Drowning in a Phoenix Pool, Phoenix Injury Lawyer Blog, published July 20, 2013.
Valley Man Arrested for 7th DUI, Phoenix Injury Lawyer Blog, published July 18, 2013.
Resources:
PD: Pedestrian ‘mooning’ cars fatally hit by drunk driver, Fox 10 News, published July 20, 2013.