Arizona law gives pedestrians the right of way in specific situations, and imposes clear duties on drivers to yield. When a driver violates those duties and hits someone, that statutory violation is direct evidence of negligence in a personal injury claim.
Where pedestrians have the right of way
At signalized intersections, drivers must yield to pedestrians who have a "Walk" signal (A.R.S. § 28-646). That includes drivers turning on a green light, a turning driver must wait for any pedestrian lawfully crossing before completing the turn. At marked and unmarked crosswalks, drivers must yield to pedestrians crossing the half of the roadway the vehicle is traveling on (A.R.S. § 28-792). Unmarked crosswalks exist at every intersection where two roads meet, not just where paint is visible on the road. Vehicles that have stopped to yield to a pedestrian in a crosswalk, even at an unmarked one, create a duty for adjacent lanes to stop as well (A.R.S. § 28-793).
Where pedestrians must yield
Outside of crosswalks and intersections, pedestrians must yield the right of way to vehicles (A.R.S. § 28-793). Crossing mid-block without yielding is a statutory violation that affects the fault analysis in a claim, not necessarily eliminating it, but reducing recovery. Arizona's pure comparative fault rule (A.R.S. § 12-2505) means a pedestrian who was partly at fault can still recover; damages are reduced by their percentage of fault. See our post on Arizona comparative negligence law.
What happens when a driver violates these rules
A driver who hits a pedestrian in a crosswalk while the pedestrian had the right of way has violated a specific statutory duty. That violation supports a negligence finding. Arizona law requires drivers to "exercise due care to avoid striking any pedestrian" (A.R.S. § 28-796), a standard that applies even outside of crosswalks, meaning a driver who had time to avoid a collision and didn't may still be liable regardless of where the pedestrian was crossing.
The filing deadline
Arizona gives most personal injury victims two years from the date of injury (A.R.S. § 12-542). Claims against government entities require a Notice of Claim within 180 days. See our post on the Arizona personal injury statute of limitations.
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.