Crossing outside a marked crosswalk doesn't automatically end your right to compensation. Under Arizona's pure comparative fault system, a pedestrian who was jaywalking can still recover — their damages are simply reduced by their percentage of fault. The driver's obligation to exercise reasonable care for other road users doesn't disappear because a pedestrian wasn't in a crosswalk.
What Arizona traffic law says
Under A.R.S. §§ 28-792 and 28-793, pedestrians crossing at a point other than a marked crosswalk must yield the right-of-way to vehicles. That's a statutory duty — and if you violated it, it will factor into your fault percentage. But drivers have their own obligations under A.R.S. § 28-796, which requires motorists to exercise due care to avoid striking pedestrians under all circumstances. A driver who was speeding, distracted, or who had time to avoid the collision and didn't still bears liability for the crash.
How comparative fault plays out in jaywalking cases
Arizona's pure comparative fault rule (A.R.S. § 12-2505) reduces your recovery by your percentage of fault — but there's no cutoff. If a jury finds you were 40% at fault for crossing mid-block and the driver was 60% at fault for being on their phone, you recover 60% of your damages. Insurers routinely over-assign fault to pedestrians in jaywalking cases. Having an attorney who pushes back on that assessment matters for the final number. See our post on Arizona comparative negligence law.
Evidence that matters
Surveillance footage showing the driver's behavior and speed before impact, witness accounts of the driver's actions, the driver's cell phone records if distraction is suspected, skid marks and vehicle resting position, and the driver's own admissions in the police report all go to building the liability case on the driver's side of the equation.
The filing deadline
Arizona gives most personal injury victims two years from the date of injury (A.R.S. § 12-542). See our post on the Arizona personal injury statute of limitations for exceptions.
Our pedestrian accident attorneys handle claims throughout Phoenix and Scottsdale on a contingency fee basis. No fee unless we win. Call (480) 418-SHER (7437) or reach out online.