Arizona Pedestrian Laws and Safety

While it’s a common belief that pedestrians always have the right of way, Arizona law balances the safety responsibilities of both pedestrians and drivers. Like rules that govern vehicles and bicyclists, pedestrians must also understand their rights and obligations.

Drivers, too, are required to recognize their duties toward pedestrian safety. This guide will delve into Arizona’s pedestrian laws, clarifying right-of-way and liability in different situations, ensuring both walkers and drivers know what’s expected of them on the road.

Arizona Pedestrian Accident Statistics

According to a recent report by the Governors Highway Safety Association, Arizona had the second-highest rate of pedestrian fatalities in the nation in 2022:

• Total fatalities. Over 300 people were killed after being struck by vehicles.
• Fatality rate. This resulted in a rate of 4.17 pedestrian deaths per 100,000 people, second only to New Mexico’s rate of 4.4 per 100,000.
• Increasing trend. Arizona’s pedestrian deaths have increased over the past four years, with 220 in 2019, 235 in 2020, and 260 in 2021.
• Dangerous roads. Fast-moving roads alongside busy retail and service areas with lots of foot traffic are the biggest danger zones for pedestrians. In urban areas, these major roads make up about 15% of all roads but are responsible for 67% of pedestrian deaths.

Pedestrians are highly vulnerable in accidents, lacking protection against the significant impact of vehicle collisions. Unfortunately, fatalities can occur, and other injuries are often severe and life-altering. Our team of Arizona pedestrian accident lawyers has extensive experience assisting clients with claims for a range of injuries resulting from these accidents, including:

• Broken or dislocated bones
• Traumatic brain injuries
• Open head wounds
• Facial fractures
• Spinal cord injuries
• Other severe neck or back injury
• Internal organ damage
• Internal bleeding
• Severe lacerations or puncture wounds
• Amputation injuries
• Crush injuries

In light of these alarming statistics, it is crucial for pedestrians and drivers alike to exercise heightened awareness and caution on Arizona’s roads. At Torgenson Law, we are committed to advocating for pedestrian safety and working diligently to help victims of these tragic accidents pursue justice and compensation. If you or a loved one has been affected by a pedestrian accident, our experienced team is here to support you through every step of the legal process, striving to protect your rights and seek maximum compensation for your injuries.

When Do Pedestrians Have the Right-of-Way?

When discussing pedestrian right-of-way in Arizona, it’s essential to understand the rules for sidewalks and crosswalks, as well as the relevant statutes that define these terms and their legal implications.

• Pedestrians are required to use a sidewalk whenever one is present, as stated in ARS § 28-796. If there is no sidewalk, pedestrians must walk facing traffic to ensure they are more visible to motorists. This law helps enhance pedestrian safety by making them more visible to oncoming traffic, reducing the risk of accidents.
• According to ARS § 28-792, vehicles must yield to pedestrians at crosswalks. This means that when a pedestrian is present at a crosswalk, the vehicle must stop completely. Pedestrians have the right-of-way at both marked and unmarked crosswalks at intersections, defined under ARS § 28-601. This statute clarifies that a crosswalk is the part of the roadway at an intersection that connects the lateral lines of sidewalks on opposite sides or any marked crossing for pedestrians.

However, ARS § 28-793 states that if pedestrians cross at any point other than within a crosswalk, they must yield the right-of-way to all vehicles. Additionally, pedestrians should not suddenly enter a crosswalk in front of a vehicle that is too close to stop safely. This is crucial as it acknowledges that drivers may not always be able to stop immediately due to speed or other factors.

These statutes highlight the shared responsibility between pedestrians and drivers, but they also create the potential for ambiguity and disputes in accident cases. An experienced Arizona pedestrian accident lawyer can skillfully navigate these legal intricacies, effectively advocating for injured pedestrian rights. At Torgenson Law, with over 20 years of experience, we thoroughly understand and apply these laws to make a critical difference in the outcome of our clients’ cases.

Rules of The Road

While most discussions about pedestrian safety focus on crossing streets, it’s equally important to understand pedestrian responsibilities when it comes to other roadway behaviors. In Arizona, there are clear regulations against standing in the roadway to solicit rides, business, or employment. Pedestrians must be vigilant beyond just crosswalks, ensuring they are aware of their surroundings and behaving safely at all times.

This includes walking facing traffic when no sidewalks are available, using reflective materials at night, and avoiding distractions such as using phones or headphones. Awareness and education about these rules are crucial, as they significantly enhance personal safety and compliance with local laws.

Pedestrians should also be cautious about their actions because they can be held legally responsible if their behavior leads to an accident. For instance, darting into traffic or failing to yield when required can not only endanger their lives but also impact their legal standing in any subsequent claims for damages.

Can a Pedestrian Be at Fault for an Accident?

Yes, a pedestrian can be at fault for an accident. While drivers are often held responsible for pedestrian accidents, there are situations where the pedestrian’s actions can contribute to or cause an accident. Here are some scenarios where a pedestrian might be found at fault:

• Jaywalking. If a pedestrian crosses the street outside of a designated crosswalk or against a traffic signal, they may be considered at fault for any resulting accidents. Arizona law, ARS § 28-793, requires pedestrians to yield the right-of-way to vehicles if they are crossing at any point other than within a crosswalk.
• Walking along roadways improperly. Pedestrians are required to use sidewalks when available. If there are no sidewalks, they should walk on the left side of the road facing oncoming traffic. Failing to follow these rules can lead to accidents for which the pedestrian might be held responsible under ARS § 28-796.
• Ignoring traffic signals. Pedestrians must obey traffic control signals at intersections. If a pedestrian crosses when the signal indicates “Don’t Walk,” they could be held responsible for an accident as outlined under ARS § 28-646.
• Darting into traffic. ARS § 28-792 states that pedestrians should not suddenly step into the path of a vehicle that is too close to stop safely. This is especially important in high-traffic areas where drivers may not have enough time to react.
• Being under the influence. Just like drivers, being under the influence of alcohol or drugs can impair pedestrians’ judgment and reaction times, leading to unsafe behaviors such as crossing streets improperly or failing to notice oncoming traffic. This can result in accidents where the pedestrian may be found at fault.

In cases where a pedestrian’s actions contribute to an accident, determining fault can be complex and often involves examining the specific circumstances of the incident. Arizona’s comparative negligence law allows for the possibility that both the driver and the pedestrian could share responsibility for the accident.

This shared responsibility means that even if a pedestrian is found partially at fault, they may still be able to recover some compensation for their injuries, though the amount could be reduced by their percentage of fault. At Torgenson Law, we are experienced in navigating these intricacies to advocate for our clients’ best interests. We will conduct a thorough investigation so that all factors are covered, and our clients are set up to receive the most favorable outcome possible.

What Are Arizona’s Laws on Jaywalking?

In Arizona, while you won’t find the term “jaywalking” specifically mentioned in state laws, the rules for how pedestrians should cross streets are clearly outlined.

Here’s a simplified breakdown:

• Cross at non-crosswalk locations with caution. Pedestrians are allowed to cross streets in areas without crosswalks, but they must do so responsibly. This means ensuring it’s safe before crossing and yielding to oncoming traffic.
• Use designated crossings at marked crosswalks and signals. When there are marked crosswalks or operational traffic-control signals, pedestrians must use these facilities to cross the street.
• Yield to oncoming traffic. It’s the pedestrian’s responsibility to ensure the traffic is clear and it is safe to cross. Stepping into traffic without ensuring it’s safe can not only be dangerous but may also lead to legal consequences if a collision occurs.
• Check local laws and ordinances. Different cities in Arizona may have specific ordinances about pedestrian behavior, including jaywalking. It’s important to understand the local laws in your municipality to ensure compliance and safety.

In cases where a pedestrian’s actions contribute to an accident, the consequences extend beyond immediate safety concerns—they can also complicate legal claims for damages. If you are involved in such an incident, it’s essential to understand that your ability to recover damages might be affected by your adherence to traffic laws at the time of the accident.

At Torgenson Law, we understand that navigating these complexities requires a deep knowledge of both state and local laws. Our team has extensive experience in handling cases where pedestrians may have been partially at fault. We meticulously analyze the details of the accident to build a strong case that highlights mitigating factors and seeks to maximize fair compensation for injured pedestrians.

Proving Liability After an Arizona Pedestrian Accident

Proving liability in pedestrian accidents can be complex, relying heavily on Arizona laws and the specifics of the incident. The following steps are crucial for determining how damages are awarded, and compensation is allocated:

Gathering Evidence

Immediately following an accident, it’s essential to collect as much evidence as possible. This includes taking photographs of the accident scene, gathering video surveillance from nearby businesses or traffic cameras, collecting contact information of witnesses, and obtaining a copy of the police report.

Understanding the Law

Familiarity with pedestrian right-of-way laws and local traffic regulations is crucial, as these will play a significant role in determining fault. Knowing statutes such as ARS § 28-792 and ARS § 28-796 can help clarify the responsibilities of both drivers and pedestrians.

Demonstrating Negligence

To prove liability, it must be shown that the driver, pedestrian, or another party acted negligently or failed to adhere to traffic laws. For drivers, negligence can include speeding, failing to yield at a crosswalk, or driving under the influence. For pedestrians, negligence might involve jaywalking or entering traffic unpredictably. Establishing who breached their duty of care and how it directly led to the accident is pivotal.

Working with Experts

Often, proving liability requires the insight of accident reconstruction experts who can analyze the evidence and determine the dynamics of the accident. These experts can provide testimony on how the accident occurred, which can be pivotal in a court case or insurance claim. Their analysis can offer an unbiased, detailed perspective that strengthens the argument for liability.

By following these steps and leveraging expert insights, a clear case for liability can be established, paving the way for rightful compensation for the injured party.

How Can Torgenson Law Help?

At Torgenson Law, navigating the aftermath of a pedestrian accident can be overwhelming and complex. We are dedicated to providing empathetic and expert support to guide you through every step of the process:

• Legal guidance. We’ll help you understand the laws related to your case and what your rights are after an accident.
• Insurance negotiations. We deal directly with insurance companies so that your claims are handled fairly and that you receive the compensation you deserve.
• Deadline management. We’ll keep track of all the important legal deadlines as dictated by the statute of limitations so that your case progresses smoothly.
• Representation in settlement negotiations and in court. Whether settling out of court or going to trial, we diligently represent your interests and fight to achieve the best possible outcome for you.

If you’ve been involved in a pedestrian accident, reach out to us online or by phone at 602-726-0747. We’re here to help you focus on your recovery while we handle the legal details.