Arizona consistently ranks among the most dangerous states in the country for pedestrians. The statutes governing right of way, driver duties, and liability are specific — and the way insurers use them to minimize pedestrian claims is predictable once you understand the rules.
Right of way under Arizona law
Drivers must yield to pedestrians lawfully in a marked crosswalk (A.R.S. § 28-792). The same statute places a duty on pedestrians not to suddenly leave a curb and step into the path of a vehicle so close the driver can't yield. Outside crosswalks, A.R.S. § 28-793 shifts the duty to yield to the pedestrian — but drivers still have a duty to exercise due care at all times to avoid striking pedestrians. Both parties have responsibilities; that's the starting point for any fault analysis after a crash.
Common causes
The most common driver-caused pedestrian crashes involve distracted driving (texting, phone use), failure to yield at crosswalks or intersections, speeding (which dramatically cuts reaction time), impaired driving, poor lighting at night or dusk, and left-turn collisions where drivers focus on oncoming traffic and miss pedestrians in the crosswalk.
Comparative fault in pedestrian cases
Arizona's pure comparative negligence rule (A.R.S. § 12-2505) means that even if you're found partly at fault — you crossed outside a crosswalk, you were looking at your phone — you can still recover. Your damages are reduced by your percentage of fault, but there's no cutoff. Insurers routinely inflate pedestrian fault percentages to reduce payouts. See our post on Arizona comparative negligence law for how this plays out in negotiation.
What a pedestrian injury claim can recover
Pedestrian accidents cause catastrophic injuries — broken bones, TBIs, spinal cord damage — because there's no structural protection against a vehicle. Arizona law allows recovery for medical expenses past and future, lost wages and reduced earning capacity, pain and suffering, emotional distress, permanent disability or disfigurement, and loss of enjoyment of life. When a driver's conduct was especially reckless — impaired driving, for example — punitive damages may also be available.
Insurance coverage
Arizona's minimum bodily injury coverage is $25,000 per person — nowhere near enough for a serious pedestrian injury. If the at-fault driver is underinsured or fled the scene, your own UM/UIM coverage can fill the gap. Your auto policy's uninsured motorist protection applies to you as a pedestrian under Arizona law. See our post on uninsured motorist coverage in Arizona for how that works.
The filing deadline
Most pedestrian injury claims must be filed within two years of the accident (A.R.S. § 12-542). Cases involving government vehicles can require a Notice of Claim within 180 days. See the Arizona statute of limitations for personal injury for detail on exceptions.
After you've been struck
Call 911 immediately. Get medical attention the same day even if you feel okay — internal injuries and TBIs aren't always immediately apparent. Photograph the scene, the vehicle, and your injuries. Get the driver's contact and insurance information and witness contact details. Don't give a recorded statement to the driver's insurer before speaking with an attorney.
Our pedestrian accident attorneys handle cases throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.