Pedestrian Accident Claims in Arizona: Your Rights After Being Hit by a Vehicle
Every year, hundreds of pedestrians are struck by vehicles on Arizona roads, and Phoenix consistently ranks among the most dangerous cities in the country for people on foot. Arizona’s pedestrian fatality rate is nearly twice the national average, and pedestrians account for roughly 44 percent of all fatal crashes in Phoenix alone. If you or a loved one has been hit by a car, truck, or SUV while walking, crossing a street, or jogging in a Phoenix neighborhood, you are likely facing mounting medical bills, lost income, and a long recovery—all while an insurance company pressures you to settle quickly for far less than your claim is worth.
The good news is that Arizona law provides strong protections for injured pedestrians, including the right to recover compensation even if you were partially at fault. Understanding those rights is the critical first step toward getting the financial recovery you deserve. Below, the pedestrian accident lawyers at Suzuki Law explain what Arizona law says, what you should do after a crash, and how to protect your claim from day one.
Why Phoenix Is One of America’s Most Dangerous Cities for Pedestrians
Phoenix’s wide, high-speed arterial roads, limited sidewalk coverage in many neighborhoods, and intense desert sun that gives way to low-visibility nighttime conditions create a uniquely hazardous environment for anyone on foot. According to the Arizona Department of Transportation, Arizona recorded approximately 263 pedestrian fatalities and over 2,079 pedestrian-involved crashes in 2024—the highest crash total in five years. In Phoenix specifically, pedestrians accounted for 44 percent of all traffic fatalities in recent years, with high-injury corridors like Indian School Road, 27th Avenue, and McDowell Road seeing disproportionate numbers of collisions.
Many of these crashes share common causes: speeding drivers on roads designed for fast-moving traffic, distracted motorists checking phones at intersections, impaired drivers operating vehicles after dark, and left-turning vehicles whose operators focus on gaps in oncoming traffic rather than pedestrians in crosswalks. The majority of fatal pedestrian collisions occur after sunset, when visibility drops and larger vehicles like SUVs and pickup trucks—which now account for over half of pedestrian fatalities nationally—become even more dangerous.
Arizona Pedestrian Right-of-Way Laws You Need to Know
Arizona’s pedestrian laws are found in Title 28, Chapter 3, Article 10 of the Arizona Revised Statutes, and they establish important protections that many people are unaware of.
Under ARS 28-792, drivers must yield the right-of-way to pedestrians in both marked and unmarked crosswalks when traffic signals are absent or not working. This is a critical point: Arizona law recognizes unmarked crosswalks at virtually every intersection where sidewalks connect on opposite sides, meaning pedestrians have legal right-of-way at far more locations than most drivers realize even if there are no painted lines, signs, or signals. An unmarked crosswalk is legally defined as the extension of the lateral lines of the sidewalk across the roadway at an intersection (ARS 28-601). This means pedestrians have the right-of-way at thousands of locations drivers don’t realize are legal crosswalks.
Under ARS 28-793, pedestrians crossing outside of a crosswalk must yield to vehicles. This is Arizona’s “jaywalking” statute, and it does shift some responsibility to the pedestrian. However, it does not strip a jaywalking pedestrian of the right to recover compensation—it simply means their share of fault will be considered.
Perhaps the most important statute is ARS 28-794, which requires every driver to exercise due care to avoid colliding with any pedestrian on any roadway, regardless of who has the right-of-way. This means a driver can never use a pedestrian’s traffic violation as a complete defense. Even if a pedestrian crossed mid-block, the driver still had a legal duty to watch for pedestrians and take reasonable action to avoid a collision.
Under ARS 28-796, pedestrians must use sidewalks when available and are prohibited from walking along an adjacent roadway. When sidewalks are not provided, pedestrians must walk on the left side of the roadway facing oncoming traffic. This statute reinforces driver awareness obligations while establishing pedestrian duties that courts consider when allocating fault.
How Arizona’s Comparative Negligence Law Affects Your Claim
One of the most common questions injured pedestrians ask is whether they can still recover money if they were partially at fault—for example, if they crossed outside a crosswalk or were looking at their phone. The answer, under Arizona’s pure comparative negligence system (ARS 12-2505), is almost always yes.
Arizona is one of the most plaintiff-friendly states in the country when it comes to shared fault. Under pure comparative negligence, you can recover damages even if you were 99 percent at fault; your award is simply reduced by your percentage of responsibility. For example, if you suffered $200,000 in damages but were found 25 percent at fault for crossing outside a crosswalk, you would still recover $150,000. There is no threshold that bars your claim entirely—unlike many other states that cut off recovery at 50 or 51 percent fault.
Insurance companies know this law well, and their primary strategy in pedestrian cases is to inflate the pedestrian’s share of fault as high as possible to reduce the payout. An experienced Arizona pedestrian injury attorney can gather surveillance footage, accident reconstruction evidence, and witness testimony to ensure fault is allocated fairly and that you receive the full compensation the law entitles you to.
What Compensation Can You Recover After a Pedestrian Accident?
Pedestrian accidents tend to produce far more serious injuries than vehicle-on-vehicle collisions because the human body has no protection against a multi-ton machine. Arizona’s Constitution (Article 2, Section 31) expressly prohibits caps on personal injury damages, making it one of only a handful of states with this constitutional protection. As a result, injured pedestrians in Phoenix can pursue full compensation for all of the following:
Economic damages cover the measurable financial losses from the accident: emergency room and hospital bills, surgeries, physical therapy, prescription medications, future medical care, lost wages during recovery, loss of future earning capacity if you cannot return to your previous occupation, and costs for home modifications or assistive devices if you have a permanent disability.
Non-economic damages compensate for the intangible harms that are no less real: physical pain and suffering, emotional distress such as PTSD, anxiety, or depression, loss of enjoyment of life, scarring and disfigurement, and loss of consortium for a spouse who has lost companionship. There is no statutory cap on these damages in Arizona.
In cases involving extreme recklessness—such as drunk driving or a deliberate hit-and-run—punitive damages may also be available to punish the defendant and deter similar conduct. As our team explains on our car accident claims page, the same principles of aggressive, thorough case preparation apply whether you were behind the wheel or on foot when the collision occurred.
Critical Steps to Take After Being Hit by a Vehicle
The actions you take in the hours and days following a pedestrian accident can make or break your claim. First and foremost, call 911 and get to safety. Even if your injuries seem minor, seek medical attention immediately. Adrenaline frequently masks serious conditions like concussions, internal bleeding, and soft tissue damage that may not present symptoms until hours or days later. Prompt medical documentation creates a clear link between the accident and your injuries, which is essential evidence when the insurance company inevitably argues your injuries were pre-existing or unrelated.
While still at the scene, collect the driver’s name, license plate number, insurance information, and contact details for any witnesses. If you are physically able, photograph the accident scene, your injuries, the vehicle that struck you, traffic signals, and road conditions. Do not admit fault or apologize—even a casual “I’m sorry, I didn’t see you” can be used against you later. Request a copy of the police report and preserve any clothing or personal items damaged in the collision.
Most importantly, do not give a recorded statement to the driver’s insurance company before consulting with an attorney. You have no legal obligation to do so, and adjusters are trained to ask questions designed to shift fault onto you and minimize the value of your claim.
Arizona’s Statute of Limitations and Filing Deadlines
Under ARS 12-542, you have two years from the date of the accident to file a personal injury lawsuit in Arizona. If the victim passed away from their injuries, the wrongful death statute of limitations is two years from the date of death. Missing this deadline permanently forfeits your right to sue, regardless of how strong your case may be.
There is an even more urgent deadline if a government entity is involved—for example, if you were struck by a city bus, a government vehicle, or if dangerous road design by a municipality contributed to the crash. Under ARS 12-821.01, you must file a formal Notice of Claim within 180 days of the injury with the specific government agency, and the notice must include a detailed description of the facts and a specific dollar amount. After filing the notice, you must then file your lawsuit within one year from the date of the injury. Failing to meet either the 180-day notice deadline or the one-year lawsuit filing deadline will permanently bar your claim against the government entity.
Frequently Asked Questions About Pedestrian Accident Claims in Arizona
Can I file a claim if the driver who hit me was uninsured?
Yes. You can file a claim under your own Uninsured Motorist (UM) coverage, which applies even when you are injured as a pedestrian rather than an occupant of your own vehicle. You also retain the right to sue the uninsured driver personally. Arizona has a significant uninsured motorist problem, which makes carrying UM/UIM coverage on your own auto policy especially important.
Does my own auto insurance cover me if I’m hit as a pedestrian?
Yes. Both Medical Payments (MedPay) coverage and Uninsured/Underinsured Motorist (UM/UIM) coverage on your auto policy are “portable” benefits—they follow you, not your car. MedPay covers medical bills regardless of fault, while UM/UIM coverage provides compensation when the at-fault driver has no insurance or insufficient coverage.
What if the driver fled the scene in a hit-and-run?
Hit-and-run accidents are unfortunately common in pedestrian cases. If the driver cannot be identified, your own UM coverage typically applies as though the driver were uninsured. Report the incident to police immediately, as surveillance cameras and witness statements can sometimes lead to identifying the driver later. An experienced pedestrian accident lawyer in Phoenix can also subpoena traffic camera footage and work with investigators to track down the responsible party.
How long does a pedestrian accident case typically take to resolve?
Timelines vary significantly based on the complexity of the case. Straightforward claims with clear liability may settle in three to six months. Cases involving disputed fault, severe injuries requiring ongoing treatment, or litigation against government entities can take one to two years or longer. A key factor is reaching Maximum Medical Improvement (MMI)—the point at which your doctors determine your condition has stabilized—because settling before MMI risks undervaluing your future medical needs.
Can I sue a city or government agency for dangerous road conditions?
Yes, but government claims carry strict procedural requirements. You must file a Notice of Claim within 180 days of the injury and file suit within one year. The notice must include specific facts and a dollar amount. Because these deadlines are aggressively enforced with no exceptions, consulting an attorney as soon as possible after the accident is essential to preserve your rights.
What damages can family members recover in a pedestrian wrongful death case?
When a pedestrian accident results in death, Arizona law (ARS 12-612) allows the deceased person’s spouse, children, parents, or legal guardian to file a wrongful death claim. Recoverable damages include all medical bills and expenses from the date of injury until death, funeral and burial costs, loss of the deceased’s expected future earnings and benefits, loss of love, companionship, comfort, and guidance (particularly significant when a parent is killed), and the pain and suffering the deceased experienced before death. There is no cap on wrongful death damages in Arizona. These cases carry a two-year statute of limitations from the date of death, and the claim must be brought by a court-appointed personal representative of the estate on behalf of the statutory beneficiaries.
Protect Your Rights with a Free Consultation
Being struck by a vehicle is a life-altering event, but you do not have to navigate the aftermath alone. Arizona law provides robust protections for injured pedestrians, and the right legal team can ensure that insurance companies and at-fault drivers are held fully accountable.
If you or a loved one was injured in a pedestrian accident, you deserve full and fair compensation for your injuries. The attorneys at Suzuki Law will fight aggressively to hold the at-fault driver accountable and maximize your recovery. Contact us today or call 602-682-5270 to schedule a free consultation.
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