$600,000 Settlement Secured for Pedestrian Struck in Scottsdale Parking Lot
$600,000 Settlement Secured for Pedestrian Struck in Scottsdale Parking Lot
At Scottsdale Injury Lawyers, LLC, we are proud to announce a $600,000 settlement on behalf of an elderly client who suffered catastrophic injuries after being struck by a vehicle in a Scottsdale parking lot. This entirely preventable incident has forever altered his quality of life. Once independent and cognitively sharp, our client is now in full-time assisted living due to permanent injuries resulting from the collision. Thankfully, we were able to negotiate a settlement on his behalf that will provide him with the care he needs for the remainder of his life.
The Accident: A Moment of Negligence with Lifelong Consequences
On the afternoon of November 7, 2024, our client was walking through The Promenade Scottsdale parking lot to attend a medical appointment. He was lawfully crossing the lot, using a walker to assist with mobility. Despite his clear presence and the expectation of safety in a shared-use area like a commercial parking lot, a driver failed to exercise due caution and struck him with her vehicle.
The impact caused our client to fall violently onto the asphalt. He landed hard on his left side, and the back of his head slammed into the pavement. The force of the fall caused immediate pain, disorientation and bleeding. Emergency services were dispatched to the scene, and he was transported by ambulance to HonorHealth Thompson Peak for immediate evaluation.
The Medical Response: An Escalating Emergency
Upon arrival at the emergency room, our client reported significant pain in the back of his head, his left arm and right shoulder. The attending emergency physician noted an abrasion on his scalp and proceeded to order diagnostic imaging to evaluate for more serious internal injuries.
CT scans revealed signs of a right temporal bone fracture and other findings concerning for potential brain trauma. Based on the severity of the results, he was transferred to HonorHealth Osborn, a Level I trauma center, for further evaluation. There, he was admitted to the intensive care unit and placed on continuous neurological monitoring.
Further imaging at HonorHealth Osborn confirmed the presence of:
- A closed fracture of the temporal bone
- Pneumocephalus (air within the cranial cavity)
- A subarachnoid hemorrhage (bleeding in the brain)
- Signs of contusion (bruising) within the cerebellum
The neurosurgical team expressed concern about the possibility of sudden neurological deterioration. He was kept under observation in the ICU for several days.
Rehabilitation and Long-Term Care
Following his hospital discharge, our client was transferred to a skilled nursing facility for post-acute rehabilitation. Physical therapy assessments documented severe deficits in balance, gait, strength, and functional mobility. Despite a ten-day stay at the facility, he returned home significantly weaker and mentally altered.
In the weeks following his return home, our client’s condition continued to worsen. He became forgetful and confused. He was unable to remember basic information, such as the year he moved to Arizona or which medications he was prescribed. These cognitive issues posed serious safety concerns, and he ultimately required placement in a 24-hour assisted-living facility.
A Once Independent Life, Now Gone Because of the Car Accident
Before this accident, our client lived alone and managed all aspects of his daily life. He drove himself to doctor’s appointments, grocery stores, and social outings. He took pride in his independence and valued the ability to live on his own terms.
Now, due to the irreversible brain trauma he sustained, he will spend the remainder of his life in supervised care. He is no longer able to drive, handle his affairs, or perform the basic tasks of independent living. The emotional toll on both him and his family has been profound.
Legal Liability: A Clear Case of Driver Negligence
Under Arizona law, drivers are required to operate their vehicles with reasonable care, especially in areas shared with pedestrians. Commercial parking lots demand heightened attention and reduced speeds. In this case, our investigation revealed that the driver was wholly at fault for failing to see and yield to a clearly visible pedestrian using a mobility device.
Arizona Revised Statutes § 28-792 mandates that drivers must yield the right-of-way to pedestrians within marked or unmarked crosswalks. Although the accident occurred in a parking lot rather than a designated crosswalk, the law still supports pedestrian priority when walking lawfully and predictably in such environments.
We argued there was no comparative negligence on our client’s part. He was walking cautiously and using a walker for stability. The full fault lay with the inattentive driver who failed to observe basic safety principles
The Dangers Parking Lots Pose to Pedestrians
Parking lots can be especially dangerous to pedestrians walking in them. Typically, drivers in parking lots are looking for parking spaces, stores or exits which can cause additional distractions. Further, the number of clear pathways or sidewalks in parking lots may be limited. As a result, pedestrians frequently walk in areas of parking lots which are primarily designed for vehicular traffic.
As a result, pedestrians frequently walk in areas of parking lots which are primarily designed for vehicular traffic.
To compound these issues, cars parked in parking lots can obstruct visibility. Drivers may not be able to see around corners or in between vehicles where pedestrians frequently exit. The same is true for pedestrians who may have limited visibility in seeing vehicles.
The advent of electric vehicles poses yet another risk. Electric vehicles are quiet and do not make the noise that traditional gas-powered engines make. As a result, if a pedestrian is unable to see a vehicle, he or she may not be able to hear it either if it has an electric motor. Indeed, this is what happened to the client. He was struck by an electric vehicle and claimed he was not able to hear it coming which contributed to the accident.
Why Legal Representation Matters
Cases like this underscore the importance of securing experienced legal representation. Insurance companies may attempt to undervalue claims, delay payment or deny responsibility. By retaining Scottsdale Injury Lawyers, LLC, the client ensured that his case was presented with thorough documentation, including more than 800 pages of medical records and itemized billing.
Our firm’s aggressive advocacy and strategic approach to negotiation enabled us to recover the maximum available compensation. This $600,000 settlement will help provide financial support for ongoing medical care, residential assistance, and long-term needs.
Brain Injury and the Elderly: A Dangerous Combination
Traumatic brain injuries (TBI) in the elderly are uniquely dangerous. Even moderate injuries can cause disproportionate effects due to age-related brain vulnerability. The symptoms can worsen over time, especially when compounded by pre-existing cognitive or physical limitations.
Our client’s case is a stark reminder of how one moment of carelessness can destroy years of independence. For aging individuals, these incidents often result in a permanent loss of autonomy, increased medical dependence and profound personal losses.
A Commitment to Justice
At Scottsdale Injury Lawyers we don’t just settle cases—we fight for our clients’ dignity and futures. This case showcases of our firm’s mission: to hold negligent parties accountable and secure meaningful compensation for those injured due to no fault of their own.
Scottsdale Injury Lawyers, LLC is Here to Help
If you or a loved one has been seriously injured in a pedestrian accident, don’t face the insurance company alone. Let our experienced Arizona personal injury attorneys protect your rights and help you navigate the path to recovery.
Contact Scottsdale Injury Lawyers, LLC today for a free consultation.
About the author: The content on this page was provided by Scottsdale personal injury attorney and civil rights lawyer Tony Piccuta. Piccuta graduated with honors from Indiana University-Maurer School of Law in Bloomington, Indiana (Previously Ranked Top 35 US News & World Report). Piccuta took and passed the State bars of Arizona, California, Illinois and Nevada (all on the first try). He actively practices throughout Arizona and California. He is a trial attorney that regularly handles serious personal injury cases and civil rights lawsuits. He has obtained six and seven figure verdicts in both state and federal court. He has been recognized by Super Lawyers for six years straight. He is a member of the Arizona Association of Justice, Maricopa County Bar Association, Scottsdale Bar Association, American Association for Justice, National Police Accountability Project and Consumer Attorneys of California, among other organizations.
Disclaimer: The information on this web site is for informational purposes only and does not constitute legal advice. The information on this page is attorney advertising. Reading and relying upon the content on this page does not create an attorney-client relationship. If you are seeking legal advice, you should contact our law firm for a free consultation and to discuss your specific case and issues.
References:
