Pedestrian Injury

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.

Common Causes of Pedestrian Accidents

March 16, 2018 by Brad Johnson

In 2016, more than 1400 Arizona pedestrians were injured in accidents, and sadly, 147 individuals lost their lives while walking in Arizona. Our state is one of the country’s worst for pedestrian accidents. Naturally, there are many reasons for these accidents ranging from distractions to poor driver habits and poor pedestrian caution. Arizona authorities have continued to work on making roads and walkways safer through laws and signage.

There is still much work to do. Drivers and pedestrians alike continue to be distracted by cell phones and other activities. Drivers do not always obey traffic laws and often drive too quickly. Pedestrians may ignore safety warnings and fail to be ever mindful of the traffic around them. When these accidents occur, pedestrians should consult an experienced pedestrian injury attorney. This post explores seven of the most common causes of pedestrian accidents.

Failure to Obey Traffic Signals

Red lights are in place for both drivers, pedestrians, and bicyclists. When any of these push the limits of the timing on the lights and run through it, a violation occurs. When any of these do not verify that the area is clear, a dangerous collision may happen. Ignoring stop signs, or sneaking through at the last minute after a brief pause is a dangerous game to play for cars especially if the intersection is partially concealed.

Ignoring Right of Way Rules

Drivers must yield to pedestrians even at unmarked crosswalks. Whenever a driver fails to yield at a right of way, he or she is guilty of breaking the law and could be in trouble if an injury occurs. Pedestrians must always be prepared for unexpected movement of vehicles simply because of the sheer size and weight of the moving vehicles. A good way to know is to make eye contact with the driver in the vehicle and also use hand signals when appropriate before proceeding through an intersection.

Driving into the Road Without Looking

When a driver leaves a parking spot and does not verify the roadway is clear, an accident is in the offing. Pedestrians should not run through parking lots. Always look for rear lights, use hand signals, eye contact, and never assume the driver sees you. If they fail to look for a clear space, they could pull out right in front of you or back into you.

Making a Sudden Right Turn

Always stop immediately before making a turn. Executing a turn without stopping is a sure way to stun a pedestrian who is counting on a stop first. Moreover, there are instances where there is limited visibility in an intersection and the driver will not see a pedestrian walking across the street. Corners are often obscured by vegetation or structures that can hide those walking.

Walking Along a Narrow Road

There are roads that have little or no shoulder; these are tragedies waiting to happen when pedestrians are present. Drivers must be always mindful on these roads and not looking at cell phones, eating, or engaged in other activities. With no shoulder, there is no room for error. Drifting onto the edge of the road can cause a serious accident. Pedestrians should walk against traffic when on these types of roads.

Distracted Driving

A growing problem among drivers, walkers, and bicyclists, distracted driving is known to cause more accidents today than ever. Studies have found those using cell phones while driving are more impaired than some drivers are after consuming alcohol. Many states are considering distracted driver laws to protect more pedestrians, drivers, and bicyclists on the roads. Remain alert and focused while walking, bicycling, and driving.

DUI

There are no excuses for impairment caused by alcohol when it comes to pedestrian accidents resulting from DUIs. The National Highway Safety Administration reports that upwards of 15% of pedestrian accidents in the U.S. are caused by people driving while under the influence of alcohol or another controlled substance.

Brad Johnson Injury Law has experienced pedestrian accident attorneys in Phoenix & Avondale, experienced in helping those injured by others while walking retain their rights and be compensated for their injuries and suffering. Our attorneys will aggressively fight for those who are dealing with medical issues because of a pedestrian injury. Call Brad Johnson to schedule your consultation with one of our pedestrian injury attorneys today.

How Are Pedestrians Responsible for Car Accidents?

March 10, 2018 by Brad Johnson

The barometer for measuring whether a pedestrian’s actions caused a car accident is the word “unreasonable”. In other words, pedestrians are almost never the cause of a motor vehicle crash. Yet, when a pedestrian behaves in an unreasonable way and that unreasonable action causes a car accident, the barometer swings toward being a pedestrian-caused incident.

With distraction becoming an epidemic among those behind the wheel, and pedestrians on sidewalks, and in store aisles, it has become commonplace for texting pedestrians to bump into people and things. These and other factors raise a growing list of causes of pedestrian accidents. What ARE those incidents where pedestrians are most commonly at fault for causing a motor vehicle accident?

Incidents Where Pedestrians are Responsible & at Fault

Distraction is a growing problem. Both pedestrians and drivers alike fight the urge to check their phones for messages, check their GPS for directions, or check their phones to watch the Dow Jones. Technology is only part of the problem, as more people are eating, drinking, talking, and smoking while walking.
Drunk walking. The same reasons that drinking and driving is banned are another reason to consider walking while drinking a risky activity. Slower reaction times and poor spatial judgment are combined with a relaxed state of mind to stir up a dangerous soup for drunken pedestrians.
Ignoring traffic signs and rules. Anytime a person crosses a street or roadway, the propensity to be hit exists. Rules and signs are in place to offer pedestrians the safest possible crossing. Pedestrians who walk astride the law are putting themselves in danger.
Bus vs. pedestrians. Many urban pedestrian accidents involve buses. With people onboarding and leaving buses in busy streets, often other traffic does not witness the person leaving the bus until it is sadly too late.
Pedestrians wearing dark nighttime colors. Walking after dark is difficult, as it is a challenge for the walker to see where he or she is going. The worst part about darkness for the pedestrian, though, is being seen or not being seen, as it were. Pedestrians walking in the dark in dark clothing are a collision waiting to happen. If you must walk at night, white or reflective clothing is critical.

Irresponsible or negligent pedestrians can be as dangerous as an impaired driver in wreaking havoc with motorists. One problem that emerges from pedestrians behaving badly is a panicked driver who is fearful of hitting the person. Drivers often cannot stop or control their cars in a split second, and they make poor driving decisions. At this juncture, the driver has one of several circumstances to deal with. The driver either hits the pedestrian and then is forced to manage the situation and prove he or she was driving lawfully. Or the driver slams his foot on the brake, causing him or his passengers to be injured. Or the driver steers away from the pedestrian and ends up hitting other vehicles, bicycles, structures, or other people.

If you have been involved in a car accident where a pedestrian’s actions caused or contributed to the accident, you need a pedestrian accident attorney to help guide your next steps. If you were the driver, the pedestrian, or a passenger, you may be eligible for medical damages if you were injured or lost wages if you were unable to work for any reason afterwards. The best thing for you is to avoid engaging in any blaming game with the others involved. Your pedestrian accident attorney can help you sort out all the facts and decide the best approach to dealing with your role.

Brad Johnson Injury Law has been helping people with pedestrian accidents for more than 20 years. When your situation calls for expertise and an attorney who knows the courts and the laws around pedestrian accidents, we can help. Call today to schedule your consultation. Preserve your rights and call today.

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.