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Hit by a Car as a Pedestrian in Phoenix? Here's What to Do Next

Phoenix ranks among the most dangerous cities in the country for pedestrians. Wide arterials like Van Buren, Camelback, and Central Avenue move traffic at speeds that leave almost no margin for error when a driver fails to yield. Under A.R.S. § 28-792, drivers are required to yield to pedestrians in both marked and unmarked crosswalks, but the law alone doesn't protect you. What you do in the hours after a crash shapes whether you recover fully, medically and financially.

Call 911 and stay at the scene

A police report is the single most important document in a pedestrian injury case. Get officers to the scene even if the driver seems cooperative. The report captures witness statements, road conditions, the driver's account, and the officer's observations about fault, all while the scene is fresh. Officers also run the driver's record on the spot, which can surface prior violations or a suspended license.

Don't move away from the scene before police arrive unless you're being transported by ambulance. Your location at impact, in a crosswalk, on a sidewalk, at a marked intersection, matters legally. Leaving before the report is written can make it harder to establish exactly where you were.

Get medical care the same day

The injuries pedestrians suffer in vehicle collisions are serious. Traumatic brain injury, spinal cord damage, internal bleeding, pelvic fractures, these show up regularly even in crashes that happen at relatively low speeds. Adrenaline is real: people walk away from crashes and feel functional, then deteriorate hours later. Go to an emergency room or urgent care the same day, even if you don't feel hurt. A same-day medical record creates a direct link between the crash and your injuries. A gap of several days gives an insurer an argument that something else caused the harm.

Document the scene before you leave

If you're physically able, photograph everything before the vehicles move. The driver's license plate, the front of the vehicle, the point of impact on the road surface, crosswalk markings or the lack of them, traffic signals, skid marks, and any visible injuries on your body. Get the driver's name, license number, and insurance information. Ask anyone nearby who saw what happened for their name and phone number. Note the time, the lighting conditions, and the weather. All of this becomes evidence, and evidence that isn't captured at the scene often can't be reconstructed later.

The police report matters more than you think

Once you've received medical attention, request a copy of the police report. Review it for accuracy. If the officer's narrative contains errors, wrong location, wrong description of the crosswalk, or a version of events that matches what the driver said rather than what witnesses described, those errors can be corrected or contested. An attorney can help you identify what the report says and what it omits.

Don't give a recorded statement to the other driver's insurer

An insurance adjuster may call within a day or two asking for a recorded statement about what happened. You're not required to give one. Adjusters are trained to ask questions in ways that generate answers useful to the insurer, not to you. Phrases that seem neutral, "I didn't see the car coming," "I was crossing kind of quickly", can be framed later to suggest fault on your part. Speak with an attorney before giving any recorded statement to anyone other than your own insurer.

Comparative fault and jaywalking

Arizona follows pure comparative fault under A.R.S. § 12-2505. That means even if you were crossing outside a marked crosswalk, or crossing against a signal, you can still recover damages, your recovery is just reduced by the percentage of fault assigned to you. A pedestrian found 30% at fault in a $100,000 case still recovers $70,000. Insurers routinely try to inflate the pedestrian's share of fault in negotiations. The facts of where you were, what the driver was doing, and what the road conditions looked like all bear on that calculation.

The filing deadline

Arizona gives you two years from the date of the accident to file a personal injury lawsuit (A.R.S. § 12-542). If the vehicle that hit you was operated by a government employee, a city bus, a public works truck, a Notice of Claim must be filed within 180 days. Missing that deadline ends the claim. See our post on the Arizona personal injury statute of limitations for a full breakdown.

Our pedestrian accident attorneys handle cases throughout the Phoenix metro on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.