Pedestrian Accident

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.

Pedestrian Emergency Care After an Accident

April 2, 2018 by Brad Johnson

Being involved in an accident is terrifying and can lead to serious injury, and as a pedestrian, it can be especially painful, if not life-threatening. Being completely exposed upon impact can lead to severe injuries, and if the person is lucky not to be severely injured, there will more than likely be some sort of injury that needs care. As the adrenaline from the accident rushes over you, keeping a calm head and ensuring proper care and treatment can mean the difference between life and death, as well as keeping you from getting in legal trouble.

Here’s what to do after the accident

Breathe. All too often, we hear stories of people who panic and do something rash in the heat of the moment. Taking a moment and trying to calm yourself down will make sure that everyone around you does not get harmed further.
Assess the situation. Identify if you are hurt, and if so, where? Adrenaline and shock can make it seem like you are fine when in reality, you are far from it. Taking a moment to collect yourself and see what is damaged can prevent a bad situation from turning worse. Also, take a moment to see if the accident was minor. If so, it is best to move off to the side to reduce danger and confusion. But do not move the vehicle or the pedestrian involved if the accident was more serious.
Call 911. This may be cliché, but this is most likely the most important step. Law enforcement will assist in the legal ramifications of the incident, and if there are injuries having medical attention is crucial. It is important to do this quickly, as the sooner you make the call, the sooner the injured parties can get help.
Call your insurance company. Getting your insurance company on the phone, whether you are at fault or a victim, will help get you through this process smoothly.

If you were involved in an accident but don’t think you were hurt, it is still important to get medical attention. There are instances when something is severely damaged that you do not feel right away, and finding out what is wrong will be vital to your insurance claim as well as your long-term health. If you can, see a doctor or visit an urgent care center to see if you are ok. This process is also important for insurance companies; if they see that too much time has passed since the accident and the onset of the injury, they may be skeptical and not be willing to pay. Not all pain is so bad that you cannot move.

Our body exhibits pain symptoms in various ways; below are some things to look for if you think you may be hurt.

General pain. This could be a sharp or dull pain and is the most common. Most people have felt this before, and you will clearly know that something is wrong.
Numbness. You may think you are fine, but when you take a moment to breathe, you may realize that something feels numb. This is a telltale sign that there is something wrong internally, and you should seek medical attention.
Dizziness. When you are dizzy after an accident, it is typically associated with head trauma. It is essential that you seek medical care as soon as possible for head injuries, as more often than not, they are far more severe than you may realize.

It is also important to remember that if you see someone who has been injured in an accident, you should help them only under certain circumstances. Ideally, someone trained in first aid or CPR should assist in stabilizing the individual. Failure to receive permission from the person before helping them or being properly trained could result in massive legal action against you. This is not to say not to help an injured person, rather confirm with them that they are comfortable receiving help. Do not try any intensive medical procedures, leave that to the professionals, but assisting them in movement or helping to stop bleeding are some examples that most people are capable of.

If you or someone you know has been the victim of a pedestrian accident, they may be able to receive a pedestrian injury settlement. This is part of the reason it is important to make sure that everything is done in the proper manner. Please, do not hesitate to contact Brad Johnson Injury Law if you need legal help for your case. Remember, your well-being is the number one priority in an accident, and material things can be replaced, but a life cannot.

Submitting to Arbitration for Pedestrian Accidents

March 27, 2018 by Brad Johnson

Being injured in an accident is a terrible experience, and it’s even worse if the insurance company offers a settlement that is less than what you need. As a victim, what can you do? One answer is to go straight to court, but that can be time-consuming and expensive; a great alternative is to first attempt to settle out of court, through arbitration.

What is Arbitration?

Arbitration is a process of dispute resolution and a common alternative to a civil lawsuit. This is a less formal process compared to a trial, and you will present your case to a neutral third party as well as the insurance company. The third party will decide on the case after hearing both sides of the argument and will then render a binding or non-binding decision. Arbitrators will act as the judge and jury of the case and will typically be judges or highly-skilled attorneys. If you have agreed to arbitration with a binding decision, you have waived your right to pursue the manner any further, and the arbitrator’s decision is final. Non-binding will allow you or the other party to appeal the decision and take it to court if neither party is satisfied with the decision. Insurance companies will almost always require that you go to binding arbitration, so it is important to read the fine print to know what you are getting yourself into.

When settlement negotiations have fallen through, that is when you should inform the insurance adjuster that you would like to move to arbitration. Most car insurance companies will allow for a case to be taken to arbitration, and greatly prefer this method to going to court. If they refuse to go to arbitration, the threat of a civil lawsuit will typically get them to go to the negotiating table. This is where it is crucial that you have a solid case and points that you can bring up, in order for them to feel arbitration is their best option.

Once both parties have agreed to go to arbitration, you can expect a process that will last approximately 3 months, depending on the situation, and will consist of the following:

Filing and instigation
Selection of an arbitrator
Exchange of information and case preparation
Hearing
Award

Going to Arbitration

Not all cases are created equal, and this is where having an attorney well versed in personal injury comes in handy. First, it is best that an experienced attorney reviews your case to make sure that you are eligible for the amount of damages you feel are deserved. Laws can be complicated, and even more complicated than that is dealing with the insurance companies. Most of the time, insurance companies will have a large team of attorneys at their disposal, and they are not willing to give into your requests without a fight. Both sides will be required to present written arguments prior to the arbitration and being able to both create and respond to an argument is something best suited for a professional. Remember, you only have one chance to get the money you deserve.

As a pedestrian involved in an automobile incident, most likely you will be able to receive significant compensation. At Brad Johnson Injury Law, we will evaluate your case and see if you are able to get more by going into arbitration. We have an experienced legal team that will help you get the most that you are deserved. Arbitration is significantly less expensive to you than going to court, and most times you will receive more that what the insurance companies initially offer.

The Importance of Pedestrian Caution In Traffic

June 15, 2010 by Brad Johnson

Everyday you hear about accidents involving pedestrians. The reason is because people are often careless about where they’re walking. They’re not mindful of their surroundings, they think that cars are always going to stop to give them the right of way, and some people just plain think they’re invincible. But people aren’t invincible and that’s why all pedestrians need to be cautious in traffic. That means looking both ways before you cross the street, never assuming someone is going to give you the right of way, and always taking the proper precautions so that every driver on the road sees you and knows you’re there. As long as you do these things, you will be able to go about your business without being involved in a traffic accident that you may not survive.

Cars are very useful for getting us where we need to go, but they’re also two thousand plus pound machines. A person wouldn’t stand a chance if they were hit by one of these cars. Every person should know and realize this. Yet it never fails; there’s always that person who rushes across the street without a care as cars honk and swerve to avoid hitting him. Most of the time these people are just in a hurry and they never consider that they could be hit by a car. Everyone thinks that a traffic accident is going to happen to someone else. But if you don’t watch where you’re going, you are going to be the subject of the next early morning news story involving a pedestrian and a fast moving car.

Watch Your Surroundings
No matter where you’re walking to, and even if you’re just walking along the sidewalk, always be aware of your surroundings. Be mindful of where traffic is, which direction it’s traveling and make sure you position yourself so that you’re seen by these drivers. If you’re going to cross the street, look both ways before you cross at an intersection. Never “jaywalk”! Never take chances! It’s better to be late going somewhere than to not arrive at all. As long as you keep a keen eye for any traffic and you’re watchful of where you step, you’ll have a much better chance of reaching your destination.

Right of Way
While it’s true that pedestrians have the right of way when crossing a roadway in a marked crosswalk, when it comes to traffic, you should never rely on this fact. Never assume that a car is going to stop to let you pass in front of them. Remain cautious at all times when dealing with a vehicle when you’re on foot. It’s better to let the car go by, even if you have to wait a few seconds longer.

Remain Visible
If you’re a pedestrian dealing with traffic at night, make sure you wear reflective or bright clothing so that drivers always know you’re there. If it’s daytime, make sure you walk towards traffic so that you see them and they see you. Never wear black at night while dealing with traffic, and never cross a street unless the drivers know you’re there. As long as they know you’re there, you have a better chance of reaching the other side of the street in one piece, which is the goal of every pedestrian exercising caution in traffic.

Use the crosswalk!
The Brad Johnson Injury Law law firm offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you are involved in an accident with a moving vehicle while walking.