Understanding Your Rights After a Pedestrian Accident

Arizona’s beautiful weather and active lifestyle make it a popular state for walking, running, and cycling. Unfortunately, this also increases the risk of pedestrian accidents.

Arizona consistently ranks among the top states for pedestrian crashes, with 1,882 accidents reported in 2023. Preliminary 2023 data from the Governors Highway Safety Association shows Arizona has the second highest fatality rate of all U.S. states at 4.05 pedestrians killed for every 100,000 people. 

If you’ve been injured as a pedestrian, it’s essential to know your rights and understand what steps to take to protect yourself.

Pedestrian Accidents in Arizona: Key Facts and Figures

The statistics surrounding pedestrian accidents in Arizona are alarming:

• High Fatality Rates: Arizona has one of the highest pedestrian fatality rates in the country, averaging over 250 deaths in the last five years.
• Urban Areas at Risk: Most accidents occur in urban areas like Phoenix and Tucson, particularly at intersections and multi-lane roads.
• Common Causes: Driver inattention, speeding, impaired driving, and failure to yield are leading causes of pedestrian accidents.

 Arizona Laws Protecting Pedestrians

Arizona law recognizes the vulnerability of pedestrians and provides the following legal protections:

Crosswalks: Pedestrians are required to use a crosswalk whenever one is present. If there is no crosswalk, pedestrians must walk facing traffic to ensure they are more visible to motorists.

Right of Way: Pedestrians generally have the right of way in crosswalks, whether marked or unmarked. Drivers must stop and allow pedestrians to cross safely. A pedestrian crossing anywhere other than within a crosswalk must yield the right of way to all vehicles. 

Traffic Signals: Pedestrians must follow traffic control signals. Crossing against a signal may impact liability in an accident case.

Duties of Drivers: Arizona Revised Statutes (§28-794) require drivers to exercise due care to avoid colliding with pedestrians, especially children or individuals with disabilities.

Can a Pedestrian Be at Fault for an Accident in Arizona?

The short answer is yes, though the liability often depends on the circumstances and actions of both the pedestrian and the driver. 

Arizona follows a comparative negligence system, meaning both parties involved in an accident can share responsibility, and a pedestrian’s fault could reduce their ability to recover damages. Here are some scenarios where a pedestrian could be found at fault:

1. Jaywalking or Crossing Outside a Crosswalk: Pedestrians must use marked crosswalks or cross at intersections when available. Crossing mid-block or outside of designated areas may violate traffic laws.
2. Ignoring Traffic Signals: Pedestrians are required to obey traffic control devices, such as “Walk” and “Don’t Walk” signals. Crossing against a red light or ignoring crossing instructions can place a pedestrian at fault.
3. Sudden or Unpredictable Actions: If a pedestrian suddenly steps off the curb into the path of a vehicle without giving the driver time to react, they may bear responsibility for causing the collision.
4. Walking While Distracted: Similar to distracted driving, distracted walking—such as using a smartphone, wearing headphones, or failing to pay attention to surroundings—can lead to unsafe situations where the pedestrian may share fault.
5. Being Intoxicated: Impairment from alcohol or drugs can impact a pedestrian’s judgment and reaction time. If a pedestrian is intoxicated and their actions lead to an accident, they may be partially or entirely at fault.
6. Walking in Restricted Areas: Pedestrians are not allowed to walk on highways, freeways, or other restricted areas unless permitted. Doing so may increase their liability if an accident occurs.

What You Should Do After a Pedestrian Accident

Have you been injured as a pedestrian in Arizona? The steps you take immediately after the accident can significantly impact your ability to recover compensation (which may include medical expenses, lost wages, pain and suffering, or punitive damages). Here’s what you should do right away:

• Seek Medical Attention
  Even if your injuries seem minor, visit a doctor. Some injuries, such as concussions or internal trauma, may not show immediate symptoms.
• Report the Accident
  Contact law enforcement to file a police report. This document is critical evidence for your case.
• Gather Evidence
  Collect the driver’s contact and insurance information, witness statements, and photos of the accident scene, your injuries, and any vehicle damage.
• Avoid Admitting Fault
  Because Arizona follows a comparative fault system, your compensation may be reduced if you are found partially at fault. Avoid making statements that could be interpreted as admitting liability.
• Consult a Personal Injury Attorney
  Navigating Arizona’s legal system can be overwhelming, especially while recovering from injuries. A personal injury lawyer can help you understand your rights, negotiate with insurance companies, and build a strong case.

Note: Under Arizona law, you generally have two years from the date of the accident to file a personal injury claim. However, some exceptions and special rules may apply.

How a Personal Injury Attorney Can Help

Pedestrian accidents can have devastating consequences, but Arizona law provides victims with a pathway to justice and compensation. Because these accidents often involve complex legal and insurance issues, working with an experienced personal injury attorney can make all the difference. 

If you or a loved one have been injured and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.