Phoenix, AZ (May 11, 2022) – Police were called to investigate a pedestrian accident that resulted in the death of 61-year-old Timothy Splinter on Tuesday, May 10th in Phoenix.
The incident took place at about 4:30 a.m. in the area of McDowell Road and 35th Avenue. Upon their arrival, police located a man who had been hit by an oncoming vehicle while crossing the street.
He was pronounced dead on the scene.
Speed and impairment are not considered factors in this crash.
The investigation is ongoing.
We would like to offer our deepest condolences to the family of the deceased victim, Mr. Timothy Splinter, at this time.
Pedestrian Law and Wrongful Death in Arizona
Arizona has the largest percentage of pedestrian fatalities in the United States. The Governor’s Highway Safety Association reported that, in the first half of 2016, Arizona had a total of 4.1 fatalities for every 100,000 residents. It goes without saying that pedestrians in Arizona are in danger, but some are more at risk than others.
In Phoenix, the types of pedestrians at the greatest risk of being struck by a vehicle are:
- Runners and joggers
- Parents pushing strollers
- Young children
Additionally, pedestrians texting or wearing headphones might not be as mindful of their surroundings and are, therefore, have a higher chance of being involved in an accident. Drivers, however, are required to show pedestrians the highest duty of care at all times. Just because a walker was listening to music or pushing a baby stroller at the time of the incident doesn’t mean they are innately to blame.
In the event of an accident, pedestrians have nothing to keep them safe. They are completely exposed, making them subject to sustaining catastrophic and even deadly injuries when they come into contact with a vehicle.
When a pedestrian dies after being struck by a car, it must be established whether negligence played a role in the crash. Although every pedestrian death is tragic for the deceased’s family and friends, not every fatality falls under the legal classification of wrongful death.
Wrongful death is a legal expression referring to fatal injuries caused by the wrongdoing or negligence of another. For instance, when a drunk or speeding driver hits a pedestrian, the resulting death is wrongful.
There are numerous types of driver negligence, and almost all of them have the potential to cause the wrongful death of a pedestrian. Fatal accidents often take place at intersections when drivers fail to yield at a crosswalk. Other common causes of wrongful deaths include drivers under the influence, drivers who are speeding, and drivers who don’t see pedestrians until it’s too late because they are fatigued or distracted.
Through a wrongful death claim or a survival action, certain surviving family members, like spouses, parents, and children, may pursue financial compensation for damages such as medical costs, diminished earning capacity, burial and funeral costs, and loss of consortium. Immediate family members such as a spouse, children, and parents can file a wrongful death claim.
If your loved one died due to a negligent driver, call our Arizona personal injury lawyers at (602) 753-8917 to schedule a no-obligation review of your potential wrongful death claim with a member of our law firm as soon as possible.
Note: Our writer used outside sources in the creation of this post. These sources include local news reports, local and state police incident reports, social media outlets, and eyewitness accounts about serious injury accidents that take place in Arizona. We have not independently verified all of the facts surrounding this accident. If you find any information that is not correct, contact Saavedra Law Firm, PLC as soon as possible so that we can correct the post to reflect the most accurate information available. We will remove this post upon request.
Disclaimer: This post is not a solicitation for business. None of the information in this post is intended to be medical or legal advice. If you have been injured in an accident, seek the help of a medical professional. The photo used in this post was not taken at the actual accident scene.