Pedestrians generally have the right of way at crosswalks in Arizona, and a driver who fails to yield can be held legally responsible for the resulting injuries. If you were hit by a vehicle while walking in Phoenix, Arizona’s pure comparative negligence rule means you can still recover compensation even if you share some fault, such as crossing outside a marked crosswalk, though your award will be reduced by your percentage of responsibility. You generally have two years to file a claim, but that window can shrink significantly if a government entity may be involved. Understanding your rights and the applicable deadlines early can make a meaningful difference in the outcome of your case.
Why Pedestrian Accidents Are a Serious Risk in Phoenix
Pedestrian safety has become a significant concern in Phoenix, prompting the city to take formal action. In 2022, the Phoenix City Council approved a Road Safety Action Plan built around Vision Zero principles, the philosophy that traffic-related deaths and serious injuries are preventable rather than inevitable. The city allocated $10 million annually toward the plan and created a High Injury Network to identify the specific corridors and intersections where pedestrians and cyclists face the greatest risk of severe injury.
This ongoing safety effort reflects a real and recognized risk for people on foot in Phoenix. Wide, high-speed arterial roads, long crossing distances, and limited pedestrian infrastructure in some areas all contribute to the kinds of collisions that lead to serious injury or death.
Your Right of Way at Crosswalks
Under Arizona Revised Statutes Section 28-792, a driver must yield the right of way, slowing or stopping if necessary, to a pedestrian crossing within a marked or unmarked crosswalk when the pedestrian is on the driver’s side of the road or approaching closely enough to be in danger. This duty applies at intersections even when the crosswalk is not specifically painted on the pavement, since Arizona law recognizes unmarked crosswalks at most intersections.
The law also places some responsibility on pedestrians. A pedestrian cannot suddenly leave a curb or other place of safety and walk into the path of a vehicle that is too close to stop safely. Additionally, when a vehicle stops at a crosswalk to let a pedestrian cross, other vehicles approaching from behind are prohibited from passing the stopped vehicle, a rule intended to prevent a second driver from striking a pedestrian the first driver had already yielded to.
Crossing Outside a Crosswalk
Under Arizona Revised Statutes Section 28-793, a pedestrian who crosses a roadway at a point other than a marked crosswalk, or an unmarked crosswalk at an intersection, must yield the right of way to vehicles on the road.
This does not mean a driver who strikes a pedestrian outside a crosswalk automatically bears no responsibility. Drivers still owe a general duty of care to watch for pedestrians and drive safely under the circumstances, and factors such as speeding, distraction, or failure to keep a proper lookout can still make a driver liable, even if the pedestrian was not in a crosswalk at the time. In these situations, fault is often shared between the parties rather than resting entirely on one side.
Who Is Liable After a Phoenix Pedestrian Accident
Liability after a Phoenix pedestrian accident depends on the specific facts, and more than one party may share responsibility. Potentially liable parties can include:
- The driver, if speeding, distracted driving, failure to yield, running a red light or stop sign, or driving under the influence contributed to the crash
- A vehicle owner, if the owner negligently entrusted the vehicle to a driver they knew or should have known was unsafe to drive
- A government entity, such as the City of Phoenix or the Arizona Department of Transportation, if dangerous road design, inadequate signage, poor lighting, or a missing crosswalk contributed to the accident
Claims against a government entity involve different procedures and much shorter deadlines than claims against a private driver, which makes identifying every potentially responsible party early in the process especially important.
How Shared Fault Affects Your Compensation
Arizona follows a pure comparative negligence rule under Arizona Revised Statutes Section 12-2505. Under this rule, an injured pedestrian can recover compensation even if they were partly at fault for the accident, such as crossing outside a marked crosswalk, with their total damages reduced in proportion to their percentage of fault.
There is an important exception. The statute states that a claimant has no right to comparative negligence, meaning no recovery at all, if they intentionally, willfully, or wantonly caused or contributed to their own injury. Outside of that narrow exception, shared fault reduces a pedestrian’s recovery rather than eliminating it entirely, which is more favorable to injured pedestrians than the modified comparative fault or contributory negligence rules used in some other states.
Deadlines to File a Claim
Under Arizona Revised Statutes Section 12-542, most personal injury claims, including pedestrian accident claims against a private driver, must generally be filed within two years of the date of the accident. Missing this deadline typically results in the court dismissing the case.
If a government entity, such as the City of Phoenix, may be responsible for the accident, the deadline is far shorter. Arizona Revised Statutes Section 12-821.01 requires a written notice of claim to be filed within just 180 days of the injury before a lawsuit against a public entity can proceed. Because a pedestrian accident case can sometimes involve both a private driver and a government entity, identifying all potential defendants as early as possible is critical to preserving your legal rights.
Steps to Take After Being Hit as a Pedestrian
If you are hit by a vehicle while walking in Phoenix, a few steps can help protect your health and your legal options:
- Call 911 to report the accident and request medical attention, even if your injuries seem minor at first
- Seek a full medical evaluation, since some injuries do not show symptoms right away
- Photograph the scene, including the crosswalk markings, traffic signals, road conditions, and any visible injuries
- Get the driver’s contact and insurance information, along with any witness names and phone numbers
- Avoid admitting fault or apologizing at the scene, since these statements can be used against you later
- Contact an attorney before giving a recorded statement to any insurance company
Acting quickly helps preserve evidence and protects your ability to pursue full compensation for your injuries.
Talk to a Phoenix Pedestrian Accident Lawyer
Pedestrian accident cases often involve disputes over fault, insurance coverage, and sometimes claims against a government entity, all of which can be difficult to navigate while recovering from an injury. Kamper & Estrada, PLLC represents injured pedestrians throughout Phoenix, handling pedestrian accident claims and broader personal injury matters from investigation through resolution.
If you were hit by a vehicle while walking in Phoenix, call (602) 875-0006 to discuss your rights and legal options.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.