It might be surprising to learn that pedestrians don’t always have the right of way, which is a common misconception. Arizona law aims to balance the duties between pedestrians and drivers, which means context is key when it comes to motor vehicle accidents involving pedestrians.
As an experienced personal injury firm, the professionals at Torgenson Law have handled enough cases involving collisions between vehicles and pedestrians to truly understand the nuance of these types of cases. They’re not always cut and dry.
When you’re looking at an accident involving a vehicle and a pedestrian, questions surrounding right of way and responsibility immediately take top priority. In Arizona, pedestrian and auto accident laws follow a comparative fault structure, which means fault is divided among the parties and damages are reduced by the percentage of fault applied. It also means that someone who if found partially liable for an accident can still be eligible to collect damages.
This is where details of the accident are critical.
It is true, for example, that pedestrians have the right of way in a crosswalk. But, pedestrians don’t have the same right of way if they are crossing outside of the crosswalk or if they aren’t obeying traffic signals that instruct “Don’t walk.” Other factors also come into play, including the sobriety of a pedestrian, if that pedestrian is walking against traffic as they should be or if that pedestrian suddenly entered the roadway without giving a vehicle enough time to avoid a collision.
State statute requires drivers to yield to pedestrians in all crosswalks, even when they are unmarked. An unmarked crosswalk is when two sidewalks are interrupted but line up on either side of the road. They can sometimes be challenging to notice, but the law requires a driver to yield.
Regardless of a person’s role, as a pedestrian or a driver, the state expects both parties to stay alert, stop when they’re instructed to, and maintain responsible use of the roadways. While pedestrians aren’t always in the right, the law does protect them, especially if driver negligence is involved.
It isn’t uncommon for drivers turning right to only look to their left. But, this can cause problems when someone who is walking or running against traffic — as they should be — approaches the intersection where the driver is only looking in the direction opposite the approaching pedestrian. Turning without checking every direction of a crosswalk is an example of when a driver fails to yield, especially if a pedestrian is using the crosswalk.
Other common scenarios include when drivers make rolling stops, speed through yellow traffic lights, become distracted by phones of navigation inside the car, are unable to see clearly because of weather or glare, or not obeying signs in parking lots or within school zones.
There’s a chance every driver has committed one or more of these common “failure to yield” sins at some point. But, being aware of the pitfalls of these failures is important, especially when pedestrians are involved. Pedestrians, after all, are entering a collision without any protection. They risk broken bones, head injuries, internal bleeding, amputations or worse when a driver does not properly yield.
Many injuries that come from car accidents involving pedestrians can be life-altering, involving chronic physical pain, to say nothing of the emotional and financial toll that can follow an accident like this.
When taken together, the details of an accident and the nuance of state statutes in Arizona can truly overwhelm an individual who is trying to handle a personal injury case on their own. At Torgenson Law, we bring more than 20 years of experience in the field to the table, helping clients gather crucial evidence, like security footage, witness statements and police reports, to ensure every aspect of a collision is represented.
We’ve even worked on cases that benefited from accident reconstruction experts and visibility studies, in addition to photos from the scene and the timely gathering of evidence.
The law is not always on a pedestrian’s side. But accidents happen fast, and knowledgeable representation can help clients keep facts straight and fault properly designated.
No one should handle a pedestrian and motor vehicle accident case alone. The team at Torgenson Law is here to support you through this process, ensuring your best interests are represented. If you’ve been involved in an accident involving a pedestrian, reach out to our team today.
No pressure, no upfront costs, just answers from a legal team that takes your recovery personally.
John Torgenson is a highly experienced personal injury lawyer with over 20 years of practice in Arizona. He earned his Bachelor’s degree from the University of Utah and his Juris Doctor from Notre Dame. John has a proven track record of securing substantial verdicts and settlements, including an $8.25 million recovery for a gunshot injury victim. His expertise has earned him AVVO ratings and recognition as a Super Lawyer.
John is also a sought-after lecturer on personal injury law, sharing his extensive knowledge with peers and aspiring attorneys. Beyond his legal practice, John is an avid golfer and actively supports organizations like the Military Assistance Mission, Arizona School for the Arts, Page Balloon Regatta, University of Arizona Foundation, Junior Achievement of Arizona, and the Tim Huff Pro Bono Golf Classic.
Passionate about advocating for injury victims, John dedicates his career to battling insurance companies and corporate interests, ensuring that the rights of those who are hurt are vigorously defended.
