KTAR News reported that a woman was struck and killed while crossing in a Phoenix crosswalk. According to the report, authorities said she had disregarded traffic signals and was crossing while the signals indicated it was not yet safe to do so. No determination of legal fault has been made, and a preliminary statement from investigators is not a finding by a court.
A pedestrian who enters a crosswalk against the signal has not forfeited the right to compensation under Arizona law. Arizona applies pure comparative fault under A.R.S. § 12-2505, which reduces a recovery by the injured person's percentage of responsibility but never bars it outright. If a jury assigned a pedestrian 60 percent of the fault and a driver 40 percent, the pedestrian or the surviving family would still recover 40 percent of the total damages. That allocation is a question for the finder of fact, not for the investigating officers, and an initial statement in a police report or a news account does not fix it. Drivers owe a duty of reasonable care to everyone on the roadway, including someone who is crossing when they should not be; speed, distraction, impairment, visibility, and failure to brake are all examined. Families should not assume a preliminary account of pedestrian error ends the claim.
How Arizona Splits Fault Between a Driver and a Pedestrian
Arizona's right of way rules run in both directions. Under A.R.S. § 28-792, a driver must yield to a pedestrian lawfully within a crosswalk on the driver's half of the roadway. Under A.R.S. § 28-793, a pedestrian crossing at a point other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Where a signal controls the intersection, a pedestrian who crosses against it may carry a share of the fault. That share is a percentage, not a switch.
Under A.R.S. § 12-2505, the defense must prove the percentage it wants assigned to the pedestrian, and the jury decides it after hearing all of the evidence. The facts that move that number include how fast the vehicle was traveling, whether the driver was looking at the road, sight lines at the intersection, and whether the driver had time and distance to stop once the pedestrian became visible. Insurers frequently open with a demand that the family accept full fault. That is a negotiating position, not the law.
Who Brings a Claim After a Pedestrian Death, and Under What Statute
Arizona's wrongful death statutes, A.R.S. § 12-611 through A.R.S. § 12-613, allow a claim brought on behalf of a surviving spouse, children, parents, or the estate. Those damages belong to the survivors and cover losses such as lost income and benefits, lost companionship and guidance, and the survivors' grief and suffering.
A separate survival action under A.R.S. § 14-3110 is brought by the personal representative for claims that belonged to the person who died, including medical expenses incurred before death. Note that A.R.S. § 14-3110 does not permit recovery for the decedent's own pain and suffering. The two claims are often filed together, and which one carries which category of damages matters to the value of the case.
Deadlines and Practical Steps
The general personal injury and wrongful death deadline in Arizona is two years under A.R.S. § 12-542. For a wrongful death claim, that period generally runs from the date of death. If any government entity or government employee may share responsibility, for example through a claim involving a public vehicle or a roadway or signal maintained by a public body, A.R.S. § 12-821.01 requires a written notice of claim served within 180 days of when the claim accrues. Missing that 180-day window bars the claim against that entity even though the two-year deadline has not passed.
Practical steps for a family in the days after:
- Request the full police report and the case number, and ask whether a traffic homicide or reconstruction unit is involved.
- Ask nearby businesses and residences to preserve video before it overwrites, which can happen in days.
- Write down the names and numbers of anyone who stopped at the scene.
- Do not give a recorded statement to the driver's insurer before you understand how A.R.S. § 12-2505 applies to the facts.
- Keep every medical, funeral, and burial expense record.
- Identify all available coverage, including the driver's liability policy and any uninsured or underinsured motorist coverage on a household auto policy, which can apply to a pedestrian.
If you lost a family member or were injured while walking in the city, see our Phoenix pedestrian accident practice page for how these claims are handled locally.