Pedestrian vs Driver: Understanding Liability and Your Rights After an Accident

The Harsh Reality of Arizona Pedestrian Car Accidents

Arizona ranks among the deadliest states for pedestrians, with Phoenix and Tucson alone seeing hundreds of accidents every year. When a pedestrian is struck by a vehicle, the consequences can be life-changing. Pedestrians are simply more vulnerable than drivers, and the legal process that follows is often confusing. Understanding how liability is determined and what steps to take can make all the difference in protecting your health, your rights, and your finances. With 30+ years of experience handling pedestrian injury cases in Arizona, Brad Johnson Injury Law can guide you through every stage.

Arizona Pedestrian Laws: Understanding the Legal Framework

Arizona law sets clear rules for both pedestrians and drivers. Knowing these laws is crucial after an accident.

Key Arizona Statutes Every Pedestrian Should Know

The most important pedestrian laws are found in the Arizona Revised Statutes.

• Crossing Outside Crosswalks: ARS §28-793 outlines crosswalk laws and when pedestrians have the right-of-way. Drivers must yield to pedestrians at marked and unmarked crosswalks, but pedestrians must not suddenly leave the curb when a car is too close to stop safely.
• Drivers Responsibility: ARS §28-794 explains the driver’s responsibility to exercise “due care.” This includes proper warnings and extra precautions for children or incapacitated individuals on the road.
• Pedestrians and Traffic Rules: ARS §28-792 addresses pedestrian control signals and how pedestrians and drivers must obey these signals at intersections.
• Both drivers and pedestrians have a “duty of care” under Arizona law. This means everyone must act responsibly to avoid accidents. Drivers are required to yield at crosswalks, remain vigilant for pedestrians, and exercise extra caution around children and those with disabilities.

Driver Responsibilities Under AZ Law

Drivers in Arizona must always be alert in pedestrian-heavy areas. They are required to yield to pedestrians at all crosswalks and must exercise due care to avoid hitting any pedestrian, especially children or people who appear confused or unable to care for themselves. Failing to yield, speeding, or driving distracted can all lead to liability.

Pedestrian Responsibilities and Limitations

Pedestrians also have responsibilities. They must use crosswalks where available, obey traffic signals, and avoid suddenly stepping into traffic. Jaywalking and entering a street unexpectedly can reduce or even eliminate a pedestrian’s claim. However, as Brad Johnson often advises, even if you made a mistake, you may still be entitled to compensation under Arizona law.

Determining Liability: Who’s at Fault in Arizona Pedestrian Accidents?

The Comparative Negligence Standard: Arizona uses a “pure comparative negligence” standard as outlined in ARS §12-2505. This means that both parties can share responsibility for an accident, and your compensation is adjusted based on your percentage of fault. For example, if you are found to be 30 percent at fault for an accident, you can still recover 70 percent of your damages.

Common Scenarios and Liability Determination

There are many ways liability can be decided in a pedestrian accident.

Driver-Fault Situations

Drivers are usually at fault if they fail to yield at crosswalks, drive while distracted (like texting), run red lights or stop signs, or speed through areas with heavy foot traffic.

Pedestrian-Fault Situations

Pedestrians may be found at fault for jaywalking, suddenly entering traffic, ignoring traffic signals, or walking while impaired by alcohol or drugs.

Shared Fault Scenarios

Arizona courts may assign a percentage of responsibility to each party. For instance, if a driver is speeding and a pedestrian crosses against the light, the court may divide fault between them. In a recent Arizona case, a court apportioned liability based on careful review of evidence, including witness statements and traffic camera footage.

Evidence That Determines Fault

Key evidence in these cases includes police reports, any citations issued, eyewitness accounts, and security or traffic camera video. Accident reconstruction experts are sometimes used to analyze exactly how the collision occurred. Gathering multiple streams of evidence can be crucial for building a strong case.

Immediate Steps to Protect Your Rights After a Pedestrian Accident

1. At the Scene Actions

If you are hit by a vehicle, seek medical attention immediately, even if you feel fine. Some injuries are not obvious right away. Call law enforcement so an official report is made. Exchange information with the driver and any witnesses. Use your phone to take photos and videos of the scene, including street signs, signals, and injuries.

2. Post-Accident Medical and Legal Considerations

After the scene, follow all recommended medical treatments and keep records of doctor visits and expenses. Avoid discussing fault or making recorded statements to insurance adjusters before talking to a lawyer. Never accept a quick settlement offer without getting legal advice, as it could prevent you from recovering full compensation.

3. The Insurance Claim Process

In Arizona, you may need to file claims with your own insurer and the driver’s insurance. There are strict deadlines for filing personal injury claims, usually two years from the date of the accident. Insurance companies often try to minimize payouts or shift blame, so having legal guidance is key.

Compensation Available to Injured Pedestrians in Arizona

Types of Recoverable Damages

If you are injured as a pedestrian in Arizona, you may be entitled to recover damages for:

• Medical bills (past and future)
• Lost wages
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement resulting from the accident

Arizona’s Serious Injury Threshold

Arizona law does not cap most damages, but cases involving “serious injury” can result in higher awards, especially for non-economic damages like pain and suffering. Thorough documentation and medical evidence are critical to maximize your compensation. Brad Johnson Injury Law can help ensure your claim is fully supported.

Why You Need an Arizona Pedestrian Accident Attorney

Pedestrian injury claims can be complex, especially when insurance companies try to limit payouts or shift blame. Proving negligence, quantifying damages, and negotiating with multiple parties requires in-depth legal knowledge.

Brad Johnson Injury Law provides free consultations and works on a contingency fee basis, so there is no charge unless we recover compensation for you. With experience in Arizona courts and local laws, we have helped countless pedestrians obtain the justice and rightful compensation they deserve.

Protecting Your Future After a Pedestrian Accident

Knowing your rights and taking the correct steps after an Arizona pedestrian accident is essential. Do not face the insurance companies alone. Contact Brad Johnson Injury Law for expert guidance to protect your health, your finances, and your future.