Accident Prevention

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.

The Physics of Rear End Auto Accidents

September 23, 2010 by Brad Johnson

Rear end accidents occur when an at fault driver hits another vehicle in front of them. Usually, this happen when the car in front stops and the driver from behind is unable to stop in time.

According to experts, this type of auto accident has a force equivalent to half of the speed of the car. For example, a vehicle traveling at a speed of 40 mph that rear ended another car is like hitting a wall at 20 mph.

The physics of rear end collision is different from head-on collision which happens when two car’s front ends collide. In this situation, the impact is greater and deadlier because the velocity of two vehicles traveling in opposite directions is higher.

Preventing Rear End Accidents:

Keep a safe distance and avoid tailgating. Maintaining a safe distance from another vehicle will allow drivers to have enough time to maneuver and respond to changes in speed.

If the road is slippery or the visibility is low due to bad weather, drivers should increase the time interval to react to a slowing or stopped vehicle.
Avoid being distracted. Mobile phones and other electronic devices can serve as a distraction for drivers.

Avoid constant braking-accelerating sequences. Doing so may increase the likelihood of rear end collision because the other driver is less likely to predict the speed of the vehicle in front of them.

When changing speed, do this by accelerating slowly.

Respect the right-of-way of other motorists. An accident can be caused by driver’s behavior, so by respecting the right-of-way and being courteous to other drivers, people can avoid accidents.

When approaching red traffic lights, take the foot off the accelerator pedal early on to avoid colliding with a slowing or stopped vehicle.

Always check the tire pressure. Correct tire pressure increases safety and can make the car fuel-efficient by increasing the rolling resistance by at least 10 percent.

To help you deal with issues involved in rear end auto accidents, consult with our personal injury lawyers. If you have questions, please take advantage of our free consultation.

Tips For Avoiding Accidents With Commercial Trucks

July 29, 2010 by Brad Johnson

The United States Department of Transportation indicates that commercial truck accidents account for 98% of traffic fatalities involving automobile drivers annually. This is primarily because trucks are responsible for over 500,000 accidents a year.

Here are some tips to avoid these types of accidents:

1. Defensive driving techniques – These tips most often include keeping a sharp eye out for bad drivers or those who are not obeying traffic laws. Early detection is the key to avoidance, and observation helps keep you alert for potential problems.
2. Observe your blind spot – Many truck accidents occur when drivers fail to acknowledge their blind spots. Compensating for this by looking twice before changing lanes or adding a secondary parabolic mirror can help you avoid a collision with a commercial vehicle that could cost you your life.
3. Drive responsibly – chatting on the cell phone, texting or driving aggressively is no way to behave on the road. These behaviors have been proven to contribute to trucking accidents. Eliminating distractions can greatly reduce the chances of a life altering, catastrophic collision.
4. Don’t follow too closely – by staying a safe distance away from other cars you can avoid participating in a wreck or pile-up as your reaction time decreases.

Of course, there is no such thing as a fail-safe. Even careful drivers can get involved in a horrendous truck accident.

Protect yourself and your family.

How to Avoid Being the Victim of a Bicycle Accident

June 23, 2010 by Brad Johnson

Bike riding is an activity that can be enjoyed by children as well as adults. In fact, children start off very young these days. Their parents will teach them with the assistance of training wheels. Adults, too, enjoy bike riding. It’s not uncommon to see a group of adults riding ten speeds or mountain bikes for exercise as well as a way to have fun in the fresh air. However, bike riding can be dangerous; especially when you begin riding in traffic. A one or two-ton vehicle going even thirty miles an hour can fatally injure a bike rider. That’s why, if you plan to go bike riding, you need to be mindful of your surroundings, you need to ensure the bike is secure and safe, and you need to make sure you’re keeping an eye on any children who may be biking with you. If you do all of these things, you will be able to enjoy your bike ride without having to worry about becoming the victim of a bicycle accident. There are numerous state laws that govern the riding of a bicycle. Know these laws before cycling.

Be Aware

When you were a kid, you probably rode your bike without a care in the world. You’d jump over curbs, ride through leaf piles and you probably even tried to do tricks in the middle of the street. As an adult, however, even if you don’t do these things, you need to be mindful of your surroundings. You need to be aware. Children are typically not aware as adults and that’s why they can often be subjected to danger without even knowing it. Make sure you know how traffic is flowing, how much traffic there is, be mindful of driveways where cars may be backing out from, and make sure you watch the road for hazards. Being aware of your surroundings will do a lot to help you prevent becoming a victim of a bicycle accident.

Bike Inspection

When was the last time you had your bike inspected? When did you last check the bolts, the brakes or the tires? These must be checked every time you ride. A loose bolt could cause the handlebars to come loose, which could send you flying off the bike. Loose brakes will make it difficult to stop, which could be really dangerous if you’re riding up to a busy intersection, and loose or flat tires can also pose a great danger. If you don’t know the first thing about repairing or maintaining bicycles, take your bike to a professional. You will have to pay for the inspection but that’s better than riding around with a defective bike that could potentially cause a bicycle accident.

Watch Out For Children

Children don’t really understand the concept of oncoming traffic or the term “right of way.” That’s why you need to keep an eye out for them. Make sure they pay attention to what they’re doing so they can remain safe while enjoying their bike ride.

When you’re riding a bike, make sure you keep a keen eye out for any danger, make sure your bike is in tip-top shape, and make sure you watch out for your children. As long as you do all of these things, you will be able to enjoy your bike without risking a bicycle accident.

Contact a Personal Injury Attorney

Any time you are involved in a bicycle accident that involves a moving vehicle, you should contact an attorney. Brad Johnson Injury Law offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you or your child is involved in an accident while riding a bicycle.

Two Key Tips For Safer Driving In the Rain

April 20, 2010 by Brad Johnson

We know it doesn’t rain much in the Valley, but when it does, it really pours. These two tips for driving in the rain have been going around our office and we thought you might find them helpful.

One driving method was told to a member of our team by a police friend who had experienced and confirmed it. It is useful, even while driving at night. Most motorists tend to turn their windshield wipers on HIGH or the FASTEST SPEED during a heavy downpour, yet the visibility in front of the windshield is still bad. In the event you face such a situation, try wearing your sunglasses (any model will do), and voila! All of a sudden, the visibility in front of your windshield is perfectly clear, as if there was no rain. It might sound crazy, but it really works!

Make sure you always have a pair of sunglasses in your car, and share this idea! You are not only helping yourself, but you might also save a friend’s life. Try it for yourself. Amazing, you will still see the drops on the windshield, but not the sheet of rain falling.

How does it work? You can see where the rain bounces off the road. Sunglasses work to eliminate the “blindness” from the spray of passing semi trucks as well as the “kick-up” if you are following a semi or car in the rain. They ought to teach that little tip in driver’s training as it really does work.

Another tip: Never drive in the rain with your cruise control on. When our team member thought she was being cautious by setting the cruise control, and maintaining a safe consistent speed in the rain, a highway patrolman told her something that every driver should know. If the cruise control is on when your car begins to hydroplane and your tires lose contact with the pavement, your car will accelerate to a higher rate of speed making you take off like an airplane. She told the patrolman that was exactly what had occurred.
The patrolman said this warning should be listed on the driver’s seat sun visor along with the airbag warning. We tell our teenagers to set the cruise control and drive a safe speed, but to use the cruise control only when the pavement is dry.

With spring in full bloom and the pavement dry, hopefully we won’t need to implement these practices any time soon. Monsoon season isn’t too far away though, and if we can each pass these tips along to just one person, we could be saving a life.