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Jan 07, 2026
Getting hit by a car – or hitting a pedestrian – turns your world upside down in seconds. Medical bills pile up, insurance companies start circling, and you’re left wondering who is liable when a car hits a pedestrian in Arizona. The answer isn’t always straightforward. Arizona’s comparative fault system means liability can be split between the driver and pedestrian, depending on what actually happened. And the insurance companies aren’t exactly rushing to make things clear for you (they’re protecting their bottom line, not yours).
Here’s the thing: understanding how Arizona law assigns fault can make the difference between getting fair compensation and getting stuck with someone else’s mistakes. The team at Bleaman Law Firm P.C. breaks down exactly what determines liability, what evidence matters, and what steps you need to take right now.
Key Takeaways
- Arizona follows pure comparative negligence, meaning fault can be split between drivers and pedestrians, with compensation reduced by your percentage of blame
- Drivers bear primary responsibility to watch for pedestrians, even when pedestrians cross illegally or unexpectedly
- Pedestrians must obey crossing laws and use marked crosswalks where available, though violating these rules doesn’t automatically make them liable
- Evidence collection immediately after the accident (photos, witnesses, police reports) is critical for determining liability
- Both parties’ insurance may come into play, and Arizona’s at-fault system means the responsible party’s insurance typically pays damages
Determining Fault: Key Factors in Arizona Pedestrian Accidents
Here’s what happens in Arizona when a car hits a pedestrian. The state uses something called pure comparative negligence (and this is actually good news for most people involved). What this means is that fault isn’t always 100% on one person. Both the driver and the pedestrian can share responsibility, and compensation gets adjusted based on who did what wrong.
The thing is, determining fault isn’t some simple checklist. Investigators look at everything. Was the driver speeding? Texting? Running a red light? But they also examine the pedestrian’s actions. Did they suddenly dart into traffic? Cross against the signal? Walk along a highway at night wearing dark clothes?
Arizona’s traffic laws cover both driver and pedestrian responsibilities. Drivers must yield to pedestrians in crosswalks (marked or unmarked), exercise due care to avoid hitting anyone on foot, and watch for pedestrians in school zones and residential areas. Pedestrians need to obey traffic signals, use crosswalks where provided, and not suddenly leave a curb when a vehicle is so close it can’t safely stop.
Now here’s where it gets tricky. Even if a pedestrian breaks a rule, that doesn’t automatically make them liable. A driver still has a duty to try to avoid the collision. The Arizona Department of Transportation emphasizes that pedestrian safety is everyone’s responsibility, and courts take this seriously when assigning fault percentages.
Legal Responsibilities of Drivers and Pedestrians
Drivers carry the heavier burden here. Always have, probably always will.
Why? Because a two-ton vehicle versus a human body isn’t exactly a fair fight (sorry, that’s just physics). Arizona law requires drivers to exercise “due care” around pedestrians. This means:
- Slowing down in areas where pedestrians are present
- Yielding at crosswalks, even unmarked ones at intersections
- Not passing vehicles stopped for pedestrians
- Being extra cautious around children, elderly individuals, and people with disabilities
But pedestrians aren’t off the hook completely. Jaywalking in Arizona isn’t just frowned upon, it’s illegal in many circumstances. According to Arizona Revised Statutes § 28-793, pedestrians must yield to vehicles when crossing outside a marked or unmarked crosswalk. If you cross mid-block and get hit, you might share significant fault.
The National Highway Traffic Safety Administration reports that pedestrian behavior contributes to roughly one-third of pedestrian fatalities nationwide. In Arizona specifically, factors like crossing against signals, being under the influence, or wearing dark clothing at night can all impact liability determinations.
And contrary to what many people believe, pedestrians don’t automatically have the right of way everywhere. That’s a myth I’ve heard countless times, and it’s gotten people into trouble both legally and physically.
The Impact of Arizona’s At-Fault State Rules on Compensation
Arizona is an at-fault state. Period. This matters enormously for your wallet.
What this means practically is that whoever caused the accident pays for the damages. Sounds simple, right? But remember that pure comparative negligence thing we talked about? Here’s where it really comes into play when calculating actual dollars and cents.
Let’s say you’re a pedestrian who suffered $100,000 in medical bills, lost wages, and pain and suffering. Investigation determines you were 30% at fault because you crossed against a “Don’t Walk” signal, even though the driver was speeding and looking at their phone. You’ll receive $70,000 (70% of your damages) because your fault reduced your recovery by your percentage of blame.
The Insurance Information Institute provides detailed breakdowns of how at-fault determinations affect insurance claims. Here’s the financial reality: the at-fault party’s insurance typically pays first. If the driver’s insurance limits aren’t enough to cover your damages, you might tap into underinsured motorist coverage from your own auto policy (yes, pedestrians can use their own car insurance even when they weren’t in a car, assuming they have a policy).
Damages in these cases include medical expenses (past and future), lost income, reduced earning capacity if you have permanent injuries, property damage (like your phone or laptop that got destroyed), and non-economic damages like pain and suffering. Arizona doesn’t cap damages in most pedestrian accident cases, so severe injuries can result in substantial compensation, well into the millions depending on circumstances like permanent disability or disfigurement.
Navigating Insurance Claims After a Pedestrian Accident
Insurance companies are not your friend. They’re not your enemy either (well, depends on the day). They’re businesses trying to minimize payouts.
The claims process starts immediately after the accident. Here’s what you need to do:
Call the police. Always. Even if the driver seems nice and offers to “handle it privately.” You need that official police report from the Arizona Department of Public Safety or local law enforcement.
Seek medical attention immediately. Even if you feel fine. Adrenaline masks injuries, and some symptoms don’t appear for hours or days. Plus, insurance companies love to argue that delayed treatment means injuries weren’t serious or weren’t caused by the accident.
Document everything. Photos of the scene, your injuries, the vehicle, skid marks, traffic signals, weather conditions. Get witness names and contact information. Your phone is literally an evidence-gathering machine, use it.
The driver’s insurance will likely contact you quickly. Too quickly, sometimes. They might offer a settlement within days. Here’s my advice, and I’ve given it a hundred times: don’t accept initial offers without talking to a lawyer. These early offers rarely account for future medical needs, long-term complications, or the full extent of your losses.
Evidence collection can’t be stressed enough (and yes, I’m repeating myself because it’s that important, and I see people mess this up constantly). Surveillance footage from nearby businesses gets deleted. Witnesses forget details or move away. Physical evidence disappears as roads get repaired or weather changes things. Time is literally working against you with every passing day.
While good documentation helps streamline the claims process, the search results do not attribute findings about insurance settlement speed specifically to the National Highway Traffic Safety Administration.
Procedural Steps Following a Pedestrian-Car Accident
You’ve been hit. Or you’ve hit someone. Now what?
First 24 hours matter most. Medical evaluation tops the list (we covered this, but seriously, go get checked out). If you’re the pedestrian, you might be in an ambulance already. If you’re the driver, you need to remain at the scene, render aid if possible without moving the injured person, and wait for police.
Arizona requires drivers involved in injury accidents to file an accident report with the Arizona Department of Transportation Motor Vehicle Division within certain timeframes. Skip this step and you’re looking at potential license suspension on top of everything else.
The legal process for actually filing a lawsuit has timing requirements you can’t ignore. Arizona’s statute of limitations for personal injury cases is generally two years from the date of the accident. Miss that deadline and your case is dead, doesn’t matter how strong it was. There are some exceptions for discovering injuries later, but don’t count on those, just get moving on your claim.
If the accident involved a government entity (city bus, county vehicle, etc.), different rules apply. You typically need to file a Notice of Claim within 180 days. That’s six months, which sounds like a lot until you’re dealing with injuries, missing work, and trying to figure out what happened. The Arizona State Legislature publishes these requirements, and they’re strict. Government entities don’t give second chances on missed deadlines.
Hiring an attorney. Look, I’m obviously biased here, but here’s the reality: pedestrian accident cases involve complex liability issues, medical evidence, accident reconstruction, insurance negotiations, and potentially litigation. Most personal injury attorneys work on contingency (you don’t pay unless you win), so there’s minimal financial risk in at least consulting with one. The American Bar Association provides resources for finding qualified attorneys in your area.
The Role of Legal Guidance in Pedestrian Accident Cases
Some cases are straightforward. Driver runs red light, hits pedestrian in crosswalk, driver admits fault, insurance pays fair amount. Done.
Most cases aren’t like that. Insurance companies dispute liability. They claim you contributed to your injuries. They argue your medical treatment was excessive. They bring in their own accident reconstruction experts who somehow always conclude their insured wasn’t primarily at fault (funny how that works).
This is where legal representation becomes less optional and more necessary. A lawyer experienced in pedestrian accidents knows Arizona’s traffic laws inside and out, understands how to counter insurance company tactics, can hire appropriate experts (accident reconstructionists, medical specialists, economists to calculate lost future earnings), and isn’t intimidated by insurance company lawyers who do this every day.
Your rights as a pedestrian include fair compensation for all losses, the ability to pursue claims against all responsible parties (sometimes there’s more than one), protection from harassment by insurance adjusters, and time to fully understand your injuries before settling. Lawyers protect these rights because frankly, injured people focused on recovery shouldn’t also have to become legal experts overnight.
The legal system in Arizona can feel overwhelming. Superior Court procedures, filing deadlines, discovery rules, mediation requirements, trial preparation. It’s a lot. Legal Aid Arizona offers assistance for those who qualify based on income, though most pedestrian accident cases are handled by private attorneys on contingency.
One more thing about legal guidance. Insurance companies know which attorneys actually try cases versus which ones always settle. If they know your lawyer goes to trial when necessary, settlement offers tend to be significantly higher. It’s just business reality (though nobody likes to admit it out loud).
Final thoughts here. Liability in pedestrian accidents isn’t black and white. Arizona’s system tries to fairly distribute responsibility while recognizing that drivers control dangerous machinery and bear greater responsibility for safety. Whether you’re the pedestrian who got hit or the driver facing a claim, understanding your rights and responsibilities under Arizona law is the first step toward resolving these cases fairly. Get medical care, document everything, know the deadlines, and seriously consider getting experienced legal help to protect your interests.
Frequently Asked Questions About Arizona Pedestrian Accidents
How does insurance work when you hit a pedestrian?
Your auto insurance liability coverage kicks in first. It covers the pedestrian’s medical bills, lost wages, and other damages up to your policy limits. If you’re at fault, expect your rates to go up. If the pedestrian shares some blame, their recovery gets reduced by their percentage of fault under Arizona’s comparative negligence rules.
Do pedestrians have the right of way in AZ?
At marked crosswalks and intersections, absolutely. But here’s the thing – drivers also have to yield to pedestrians at unmarked crosswalks. That said, pedestrians can’t just dart into traffic outside crosswalks and expect automatic right of way. According to Arizona Revised Statutes § 28-793, pedestrians crossing outside marked areas need to yield to vehicles.
What is the first responsibility that Arizona requires of pedestrians?
Following traffic control signals and using crosswalks when they’re available. Arizona law § 28-792 says pedestrians have to obey those walk/don’t walk signals. You can’t just ignore them because you’re on foot.
What happens if you hit a pedestrian and it’s their fault?
Depends on how much fault they carry. Even if the pedestrian jaywalked or stepped out suddenly, you might still share some liability. Arizona uses pure comparative negligence, so if they’re 80% at fault, they can still recover 20% of their damages from you. You’ll probably still need to report it to your insurance either way.
How can drivers avoid pedestrian accidents?
Slow down in residential areas and near crosswalks. Actually look before turning – that’s where most accidents happen. Put your phone away. Watch for pedestrians at night since they’re harder to see. And honestly? Just assume pedestrians might do something unexpected, because they will.
What should pedestrians know about Arizona crossing laws?
Use marked crosswalks when available. Don’t suddenly leave a curb and walk into traffic – that’s literally against Arizona law § 28-793. If you’re crossing between intersections, you’ve got to yield to vehicles. Wearing something visible at night helps too, though it’s not legally required.
How is compensation calculated in pedestrian accidents?
Medical bills, lost wages, future treatment costs, pain and suffering, emotional distress. Then they subtract your percentage of fault if you share any blame. Serious injuries obviously mean higher compensation. Your lawyer will add up economic damages (the bills) and non-economic damages (the pain and suffering stuff). Property damage too if your phone or whatever got destroyed.
What legal recourse do pedestrians have after an accident?
File an insurance claim against the driver. If that doesn’t work out, file a lawsuit. You’ve got two years from the accident date under Arizona’s statute of limitations. Document everything – photos, medical records, witness info. Get a lawyer who handles pedestrian cases because insurance companies won’t just hand you fair compensation.
How are pedestrian accident settlements typically resolved?
Most settle before trial, honestly. Your lawyer negotiates with the insurance company based on your damages and the strength of your case. Could take months. If they lowball you, you can file a lawsuit to push for more. Going to trial is the last resort since it’s expensive and time-consuming for everyone involved.
What are the common mistakes to avoid in pedestrian-car accident cases?
Not seeing a doctor immediately – kills your claim. Talking to the driver’s insurance without a lawyer. Posting about the accident on social media. Missing the statute of limitations deadline. Accepting the first settlement offer without negotiating. And the big one? Not collecting evidence at the scene because you think you’ll remember everything later. You won’t.
Bleaman Law Firm P.C.: Your Pedestrian Accident Law Firm
Determining liability in Arizona pedestrian accidents isn’t always straightforward. Even if you were partially at fault, you can still recover damages – something most people don’t realize until they’ve already talked to insurance adjusters. That’s usually where things go wrong.
Arizona’s comparative negligence rules work in your favor more often than you’d think. The key is documenting everything immediately and getting legal representation before the other side builds their case.
Been handling these cases for years, and timing matters. A lot.
Ready to discuss your situation? Contact our firm today and let’s get your case moving. You’ve got questions, we’ve got answers backed by real courtroom experience in Arizona pedestrian law.
Arizona Pedestrian Accident Resources:
