Fault in an Arizona crosswalk accident depends on the specific circumstances, but pedestrians generally have the right of way in both marked and unmarked crosswalks under A.R.S. § 28-792. However, right of way does not automatically make the driver liable in every collision. Actions taken by both drivers and pedestrians can affect liability.
The Husband & Wife Law Team created this guide to explain Arizona crosswalk laws, pedestrian duties, and comparative negligence. As legal advocates, we know how terrifying a crash can be when liability is disputed.
Who Has the Right of Way in an Arizona Crosswalk?
Under Arizona law, drivers must yield to pedestrians crossing within marked or unmarked crosswalks. However, pedestrians do not hold absolute right of way. Pedestrians must exercise reasonable care and cannot suddenly leave a curb into the path of a vehicle that is too close to stop.
Driver Responsibilities at Crosswalks
Arizona crosswalk laws generally require drivers to yield to pedestrians crossing within a crosswalk when applicable. Driver negligence may include speeding or driving too fast for road and weather conditions, distracted driving such as texting, failing to yield at a marked crosswalk or traffic signal, or failing to maintain a proper lookout for pedestrians. When determining liability, the collision circumstances matter. Traffic signals, visibility, road conditions, the driver’s actions, and other available evidence can all help establish how the accident occurred and who may be responsible.
Pedestrian Responsibilities and Jaywalking
Pedestrians also have legal responsibilities when crossing Arizona roadways, and their actions may affect how fault is determined after a collision. Factors relevant to jaywalking accident fault in Arizona can include crossing outside a designated crosswalk, crossing against a red light or “Do Not Walk” signal, or entering the roadway when it is unsafe.
However, being accused of jaywalking does not automatically make a pedestrian entirely responsible for an accident. Liability also depends on driver behavior, road conditions, traffic signals, visibility, and the circumstances leading up to the collision.
How Is Fault Determined After a Crosswalk Accident?
Determining fault in Arizona crosswalk accident cases requires examining the full circumstances of the collision rather than relying on a single fact. Investigators, insurance companies, and attorneys may review police reports, witness statements, photographs of the scene, surveillance footage, traffic signal timing, vehicle damage, and other available evidence to understand how the accident occurred. Because each collision is different, fault cannot be determined accurately without considering the complete factual picture and the actions of everyone involved.
How Comparative Negligence Affects an Arizona Pedestrian Injury Claim
Arizona follows a pure comparative fault rule under A.R.S. § 12-2505. Understanding comparative negligence in Arizona pedestrian laws helps injured individuals evaluate their legal options.
You May Still Recover Even If You Share Fault
Arizona comparative negligence allows injured pedestrians to recover damages even if they contributed to the crash. The court reduces recovery by the percentage of fault assigned to the injured person.
If a pedestrian has $100,000 in damages and is 20 percent responsible, recovery is reduced by 20 percent to $80,000.
Under pure comparative negligence, even someone 99 percent at fault could technically recover 1 percent of damages.
Comparative negligence does not guarantee compensation, as you must establish the percentage of fault attributable to each party. However, a pedestrian’s mistake, such as crossing outside a crosswalk, does not automatically prevent them from pursuing a personal injury claim. Arizona law allows fault to be apportioned based on the circumstances of the accident.
Talk to The Husband & Wife Law Team About Your Arizona Pedestrian Accident
Determining fault requires examining evidence, state statutes, driver actions, and the severity of injuries. The Husband & Wife Law Team focuses exclusively on personal injury and wrongful death law in Arizona. We bring 100 years of combined personal injury trial experience, a 10/10 client satisfaction rating, and a $0 Fee Unless We Win promise. We are available 24/7, including weekends, and can meet at a Valley office or come directly to you.
Contact us today for a free case evaluation.
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