Accident Injury Settlement Process

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

January 20, 2026 by Brad Johnson

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.

Service Dog Bites: Your Comprehensive Legal Guide for Arizona

May 30, 2025 by Brad Johnson

Service dogs receive a higher level of training than most household pets, but that doesn’t mean they never bite. Although it’s less common with a service dog than a household pet, dog bite attacks are always serious. If you are ever attacked by a service dog in Arizona, the law is on your side. Strict dog bite liability laws in AZ are written to protect victims of service dog bites and prevent repeat attacks

In Arizona, the law is not forgiving when it comes to dog bite injuries. The owner is almost always at fault for the dangerous misbehavior of their service dog. These attacks are often sudden and without warning. You can’t always prevent a vicious dog, but knowing your rights keeps you a step ahead.

Use this blog to learn key definitions and steps to take after a dog bite incident.

What is Considered a Service Dog in Arizona?

Arizona service animal laws align with definitions and statutes outlined by the American with Disabilities Act (ADA). A service animal is usually a dog (or in rare cases, a miniature horse) that is trained to help with specific tasks. In Arizona, service animals are required to be non-aggressive and under control of their owner by a harness, leash, or voice command.

Since service dogs are considered medical equipment, they can go anywhere without restriction and, contrary to popular belief, do not require any certification or special ID–owners don’t need to carry any sort of registration for their service animal.

Emotional support animals are not the same as service animals. They do not have the same access.

What Should You Do if a Service Animal Attacks?

Follow these steps if a service dog bites:

Seek Medical Attention

Don’t delay treatment if you’re wounded by a dog bite. Make sure your provider is keeping detailed documentation of the severity of the bite, your treatment plan, and any possible long-term outcomes of the injury.
Report the Dog Bite

Arizona dog bite laws require anyone with “direct knowledge” of the dog bite incident to report it to animal control immediately. That includes owners, victims, witnesses, and potentially doctors treating the bite.
Collect Evidence

Take pictures, videos and even audio recordings. Building a strong case requires strong evidence. Pictures of your wound, the dog that bit you, the dog’s owner, and your surroundings could all come in handy later on.
Hire a Dog Bite Lawyer

Consult with a personal injury lawyer as soon as possible, ideally within a few days or a week. An experienced dog bite attorney can provide invaluable guidance and legal counseling to get your claim started, build out your case, and maximize your compensation.

Properly trained service animals are less likely to attack unprovoked, which is why you’ll need a team of dog bite lawsuit specialists to build an air-tight case.

Service Dog Bite Liability: Who’s to Blame?

All service animals must be under control of their handler, which is usually the dog’s owner. Although service dogs are protected by disability laws, state laws prioritize public safety above all else. The law is clear: the service dog handler is liable for any damages caused by a service animal or service animal-in-training.

There are no laws protecting a service dog that bites or attacks. All dog bites in Arizona are considered equally under the state’s strict liability laws. Civil statutes are written to protect dog bite victims and assign liability to the dog’s owner or handler.

It’s rare that anyone other than the owner is liable after a dog attack, but it can happen. If the dog owner or service dog handler can prove that a dog bite victim intentionally provoked the dog, they might not be fully liable for all damages caused. This is why it’s so important to document the incident as much as possible!

Compensation After a Service Dog Bites in AZ

Yes, you can file a claim and seek compensation after a service dog attacks you. The exact details of your claim will determine the actual payout. This is often covered by individual homeowner or renter insurance, but actual policy coverage can vary.

The number of dog bite personal injury claims is on the rise, and average claim value has skyrocketed in recent years. The average dollar value of dog injury claims increased from $58,545 in 2023 to $69,272 2024 (that’s an 18.3% change!), according to the Insurance Information Institute.

The latest study by the III mentions two key reasons for the increase:

Higher medical costs
Upward trend in total settlements awarded

Tangible and intangible losses are both included as part of compensation calculations. The best way to maximize your settlement after a dog bite attack is to work with a personal injury attorney.

Tangible Economic Losses

Medical costs, lost wages, and personal property damage are relatively straightforward calculations that go into final claim determinations. These are tangible losses, meaning their is a simple dollar amount assigned to each loss.

Medical costs consider all treatments related to the dog bite, including the cost of emergency care, surgeries, follow-up treatment, ongoing treatments, and any future costs.

Intangible losses

Although they are called “intangible,” these losses are very real. After a traumatic dog bite incident, you are compensated not only for the actual money spent to remediate the injury, but also for the long-term effects you may experience.

Pain and suffering, permanent disfigurement, and general loss of enjoyment of life are all weighed on a case-by-case basis.

Looking for Dog Bite Lawsuit Specialists?

You shouldn’t have to take on a complex dog bite case on your own. The complexities of the legal system as well as your individual case can feel overwhelming without the right support.

Contact the legal experts at Brad Johnson Injury Law for a free consultation today.

Important Things to Know About Car Accident Injury Settlement Process

July 13, 2018 by Brad Johnson

You deserve compensation if you are involved in a car accident at someone else’s fault. Sometimes, getting that money can be difficult. You might have to take the defendant and their insurance company to court. Insurance companies prefer not to solve the issue in court, since results are unpredictable and the process is expensive. Instead, it is more common for their insurance provider to compensate you with an injury settlement.

The goal of an insurance settlement is to compensate the claimant for any financial loss and inconvenience they endured or will continue to endure. In this post, we will discuss factors that determine a settlement’s value, variables to consider when determining what you deserve in a settlement, and an important tip. First, here are some of the primary factors that will determine the value of the settlement.

Factors That Determine the Value of the Settlement

Type and Duration of Injuries. If you walk away from the car accident with bruises and cuts that will go away by themselves, then your settlement won’t be worth much. If you have broken bones or injuries that will hurt and affect you for a while, your settlement should be worth much more.
Financial Costs: This category includes things like medical bills, missed time from work, and the cost of fixing or replacing your vehicle. Without documentation, none of these factors will play into the final value of your settlement.
Clarity of who is at fault. The more evidence that the defendant really was responsible, the larger the settlement should be. If a traffic camera caught someone running a red light and hitting your vehicle, the settlement would have a higher value. On the other hand, if there was no concrete evidence, or it was not entirely their fault, the settlement will be worth less.

Here are some factors you should consider when determining the amount you deserve in your car accident settlement.

1. Economic Damages. This type of damage can be easily quantified. If you are in a car accident, there will be some financial impact. It is important that you have financial documentation of every financial hit you take because of the accident. When you have documented evidence, you should receive more money. Here are three primary areas to consider when calculating your economic damage.

Property Damage Costs. If there is damage to the vehicle, either use the bill from fixing it or have a claims adjuster determine how much that would cost. No matter what the final settlement amount, this amount should always be covered. Sometimes, the vehicle is worth less than it would cost to fix it. When that is the case, you will receive a sum of money that goes toward helping you obtain a new car. Since the amount is based on depreciation value, it will probably not actually cover the cost of a new vehicle.
Medical expenses. If you endured an injury in the accident, any medical bills should be included in the settlement offer. Like the property damage, if there are medical expenses, they should be fully covered. Before you file a claim, It is important that you consider both past and future medical expenses. Once you claim your settlement, you can’t come back and demand more compensation.
Loss of Potential Income. If you had to miss any work because of the accident, you should be compensated for the money you would have earned. You must have documentation of the time missed for this to apply.

2. Non-Economic Damages. In addition to the economic damages, there are non-economic damages. These damages have no price tag, so it is difficult to quantify their exact worth. Pain and suffering is the main one. This is difficult because pain is relative and impossible to measure. However, the more pain you experience, the more compensation you should receive. Medical records are a good way to document the suffering that you have experienced.

As you calculate what to expect for your insurance claim from the auto accident, there is another important factor to consider: what is the other person worth? Let’s say that you believe your settlement offer should be upwards of $20,000. There are times when the defendant and their insurance company legitimately won’t have the resources to provide that to you.

The defendant’s insurance policy probably has a cap on it. Your claim may exceed that number. If that is the case, you can adjust you should adjust the settlement to match the policy amount. If you still deserve more, you can hire an attorney to file a lawsuit and sue the individual. If the defendant does not have insurance at all, then having an attorney sue them is also your best option.

If you have been in an accident and have questions about your settlement, contact our office today to schedule a free legal consultation. Our team wants to ensure that you are adequately compensated.