12 News reported that a pedestrian was seriously hurt in a crash in north Phoenix. According to that report, preliminary information indicates the vehicle was traveling southbound in the roadway when it struck the pedestrian. No determination of fault has been made, and preliminary accounts in pedestrian cases often change once the investigation is complete.
When a vehicle strikes a person on foot in Arizona, the legal question is rarely whether the pedestrian was in a crosswalk and nothing else. Arizona law splits the duty. A.R.S. § 28-792 requires a driver to yield to a pedestrian crossing within a marked or unmarked crosswalk at an intersection, and A.R.S. § 28-793 requires a pedestrian crossing outside a crosswalk to yield to vehicles. Neither statute ends the case. Under A.R.S. § 12-2505, Arizona uses pure comparative fault, so a pedestrian found partly responsible still recovers, with the award reduced by that percentage. That matters because insurers commonly open by assigning most or all of the blame to the person on foot. The deadline to file suit against a private driver is generally two years under A.R.S. § 12-542. If a government entity or employee is involved, a written notice of claim is due within 180 days under A.R.S. § 12-821.01.
How Right of Way Actually Gets Decided
Insurance adjusters treat "the pedestrian was not in a crosswalk" as the end of the analysis. It is not. A.R.S. § 28-793 tells a pedestrian crossing outside a crosswalk to yield, but it does not give a driver permission to hit someone who is already in the road. Arizona drivers still owe a general duty of reasonable care, which includes keeping a proper lookout, driving at a speed reasonable for conditions, and reacting to what is visible ahead.
The facts that decide these cases are usually physical: sight lines, lighting, lane position, the point of impact on the vehicle, and where the pedestrian came to rest. Those facts fade fast. Skid marks get driven over, roadside debris gets swept, and nearby businesses overwrite their camera footage in days or weeks. If you or a family member was struck, the single most useful early step is preserving that evidence before anyone argues about who had the right of way.
Deadlines and the Notice of Claim Trap
Two years from the date of injury is the general deadline to file a personal injury lawsuit in Arizona under A.R.S. § 12-542. If a family member died, wrongful death claims are governed by A.R.S. § 12-611 through A.R.S. § 12-613, which identify who may bring the claim, and a survival action for the injured person's own losses before death is addressed by A.R.S. § 14-3110.
The deadline that catches people is A.R.S. § 12-821.01. If any public entity or public employee may share responsibility, for example through a roadway design or maintenance issue or a government-owned vehicle, a written notice of claim must be served within 180 days of when the claim accrues. Miss it and that portion of the case is barred, no matter how strong the facts are. Because it is not always obvious early on whether a public entity is involved, this question should be answered in the first weeks, not the first year.
Practical Steps in the First Weeks
Get the police report number and request the full report, including any diagram, witness list, and supplemental pages. Photograph the scene from the direction the vehicle was traveling and from where the pedestrian was, at a similar time of day. Ask nearby businesses and homeowners in writing to preserve video before it is overwritten.
Keep every medical record and bill, and follow through on prescribed treatment; gaps in care are the most common argument used to discount serious injuries. Do not give a recorded statement to the other driver's insurer before you understand the comparative fault rule in A.R.S. § 12-2505, because early statements about what you remember, made while injured and medicated, get quoted back later. Check your own auto policy as well; medical payments coverage and uninsured or underinsured motorist coverage can apply to a pedestrian who is struck while on foot.
If you were hurt or lost a family member in a collision involving someone on foot, our Phoenix pedestrian accident attorneys can explain the deadlines that apply to your situation.