12 News reported that a judge has ruled the City of Tolleson may take school district land near Tolleson Union High School in order to build a pedestrian bridge, and that a jury will decide how much the city must pay for that land. The reporting describes a property dispute between a city and a school district; no injury was reported. Still, the reason a city fights for a pedestrian bridge is that people on foot and vehicles are sharing the same space, and that raises a question worth answering plainly for anyone who has already been hurt crossing a street near a school.
In Arizona, a pedestrian struck while crossing a road near a school can usually pursue two separate tracks of liability. The first is the driver. Arizona law requires drivers to yield to pedestrians in marked and unmarked crosswalks at intersections under A.R.S. § 28-792, and pedestrians crossing outside a crosswalk must yield to vehicles under A.R.S. § 28-793; neither rule ends the case, because A.R.S. § 12-2505 applies pure comparative fault and reduces damages by the injured person's share of responsibility rather than barring recovery. The second track is a public entity, such as a city, county, or school district, when the design, signage, or maintenance of a crossing created an unreasonable danger. Claims against public entities carry a hard deadline: a written notice of claim must be served within 180 days of the injury under A.R.S. § 12-821.01, and most injury suits must be filed within two years under A.R.S. § 12-542.
Right of Way Is a Starting Point, Not a Verdict
Insurance adjusters often reduce a pedestrian case to one question: was the person in a crosswalk? Arizona law is more layered than that. A.R.S. § 28-792 obligates a driver to yield to a pedestrian crossing within a crosswalk, including an unmarked crosswalk at an intersection, which many people do not realize exists. A.R.S. § 28-793 places the yield obligation on a pedestrian crossing at any point other than a crosswalk. Even where a pedestrian carried some obligation, a driver still has a general duty to keep a proper lookout and to drive at a speed that is reasonable for the conditions, and A.R.S. § 12-2505 allows recovery that is simply reduced by the injured person's percentage of fault. A driver who leaves the scene has a separate legal problem under A.R.S. § 28-661, which requires stopping and remaining at the scene of a crash involving injury or death.
Claims Involving a City or School District Move Faster
When the potential defendant is a public body, the clock is shorter and less forgiving. A.R.S. § 12-821.01 requires a written notice of claim, served on the correct officials within 180 days of when the claim accrues, that states a specific amount for which the claim can be settled and the facts supporting it. Miss that window and the claim is generally barred, even though A.R.S. § 12-542 would otherwise allow two years to file suit. That matters when the alleged problem is infrastructure: a missing or poorly placed crossing, an obscured sign, a signal that was not working, or a known hazard near a school where large numbers of people cross on foot. Identifying early whether a city, county, or district controlled the roadway or the crossing is not a detail to handle later; it determines whether a claim survives at all.
Practical Steps After a Pedestrian Is Injured
Get medical evaluation the same day, even if you feel able to walk away. Report the collision so that an official record exists. Photograph the crossing itself, not just the vehicles: lane markings, signal timing, sight lines, signage, and lighting. Write down what you remember while it is fresh, including weather and traffic conditions. Ask nearby businesses or facilities whether exterior cameras cover the location, because that footage is often overwritten within days. Do not give a recorded statement to an insurer before you understand the full extent of your injuries. If a pedestrian dies, Arizona handles the family's claim under the wrongful death statutes, A.R.S. §§ 12-611 to 12-613, which identify who may bring the action, while claims that belonged to the person before death may continue under A.R.S. § 14-3110.
If you were hurt on foot in the West Valley, our Arizona pedestrian accident attorneys can walk you through deadlines and liability before they lapse.