Legal Question in Criminal Law in Arizona

accidents in crosswalks on private, commercial property

A close friend of mine was walking in the crosswalk at a wal-mart and was hit and injured by a speeding car. Since the accident took place on private property the driver of the speeding car could not be charged with anything. The driver had been driving with a revoked license due to a recent DUI. The police said they could not do anything about it, and only the friend could sue to have him pay for her rehabilitation bills through medial insurance. Which law protects the driver, and would the situation be the same on a highway, for instance? Is there anything for my friend to do about this situation to keep this driver off the road?

Thank you


Asked on 10/23/02, 11:30 pm

2 Answers from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: accidents in crosswalks on private, commercial property

If your friend is injured this is the time for her to look after herself. The job of driver enforcement is that of the police. By perfecting her civil claim to recover the damages she has incurred she will be doing the responsible thing for herself. If she does not have legal counsel she should arrange to do so - the earlier a lawyer is involved in a claim the better for the claim and the client. Most case evaluations and initial consultations are done at no cost. Ask first. If she doesn't know a personal injury attorney your local bar association can recommend some.

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Answered on 10/24/02, 5:36 am
Jason Lamm Jason D. Lamm Attorney at Law

Re: accidents in crosswalks on private, commercial property

Under AZ law the driver can still be charged for DUI under the facts you provide.

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Answered on 10/24/02, 7:48 am


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