Arizona Pedestrian Accident Lawyers

arizona pedestrian accident lawyers for injured pedestrians

Free Case Evaluation


Let's See If You Have a Case...

Please select what happened...
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you?

Arizona Pedestrian Accident Lawyers

For People Hit While on Foot

If a driver hit you or killed someone you love in a crosswalk or on an Arizona street, you are facing severe injuries and an insurer already arguing the pedestrian was to blame.

Our Arizona pedestrian accident lawyers represent people struck by vehicles across the state, and we know how hard the defense fights to shift fault onto the person on foot.

Arizona is one of the deadliest states in the country for pedestrians, and the roads here were built in a way that makes these crashes both common and severe.

Arizona law protects you in ways the insurer will not mention: a driver owes pedestrians the right-of-way in a crosswalk, you can recover even if you were partly at fault, and the state caps nothing on what a serious injury is worth.

arizona pedestrian struck by car injury attorney

 

A pedestrian has no protection in a collision, so the injuries are catastrophic and the claims are serious.

You pay nothing unless we win. Call (888) 713-6653 for a free, confidential review of your Arizona pedestrian accident claim.


  • $100M+ recovered with a 98% recovery rate across 40,000+ injury cases
  • We take on the blame-the-pedestrian defense and keep the case on the driver
  • You Win or It's Free: no fee unless we recover for you, free 24/7 review
arizona pedestrian injury lawsuit


 

Why Arizona Is So Dangerous for Pedestrians

Arizona is one of the most dangerous states in the country to be on foot. Its pedestrian fatality rate runs at close to twice the national average, placing Arizona among the five deadliest states for pedestrians in recent Governors Highway Safety Association data.[1] Phoenix, Tucson, and Mesa recur on national lists of the deadliest large cities for people walking.

The danger is built into the roads. The Phoenix metro was laid out for cars: wide multi-lane arterials, high posted speeds, long gaps between signals, and stretches with thin sidewalk coverage and few safe places to cross. Roads like Van Buren Street, Baseline Road, and Speedway Boulevard in Tucson move traffic at speed through areas with heavy foot traffic.

Add year-round walking weather and the result is a steady stream of high-speed crashes between a vehicle and a person with nothing to protect them. The injuries are severe, the deaths are frequent, and the cases are serious from the moment they happen.

In Arizona, the fight is often bigger than the driver. These roads were built to move cars fast through places people walk, and that design can be part of why the crash happened and part of what a jury needs to understand.

Arizona Pedestrian Right-of-Way Law

Most pedestrian cases turn on right-of-way, and Arizona's statutes set it out clearly. The insurer's job is to argue you were where you should not have been; the law is often on your side.


Drivers must yield to pedestrians in a crosswalk. Under A.R.S. § 28-792, a driver must yield the right-of-way, slowing or stopping if needed, to a pedestrian crossing within a crosswalk.[2] This applies at marked crosswalks and at the unmarked crosswalks that exist at most intersections. A driver who hits a pedestrian lawfully in a crosswalk has usually breached this duty.

Pedestrians crossing outside a crosswalk must yield. Under A.R.S. § 28-793, a pedestrian crossing somewhere other than a crosswalk must yield to vehicles.[3] This is the statute the defense reaches for. But yielding is not the same as being the sole cause of a crash, and a driver who was speeding, distracted, or not looking still bears fault.

Even a pedestrian with some fault recovers. Arizona is a pure comparative negligence state under A.R.S. § 12-2505, so a pedestrian assigned a share of fault still recovers the rest.[4] A person hit while crossing mid-block is not barred from recovery; their award is reduced by their percentage, and that percentage is worth fighting. See how Arizona comparative negligence works.



arizona blame the pedestrian defense

How Insurers Blame the Pedestrian

The defense in a pedestrian case has one favorite move: make it the pedestrian's fault. The argument is almost always the same, that the person stepped out, crossed against the signal, wore dark clothing, or was not in a crosswalk.

The counter is the driver's conduct. A driver who was speeding, looking at a phone, or failing to scan the road had the time and the duty to avoid the crash. The evidence that proves it, the vehicle's speed and the driver's attention, the sight lines, the point of impact, surveillance and signal-timing data, is what answers the blame argument before it takes hold.

Under pure comparative negligence, even if a pedestrian carries some fault, every point shifted onto them comes off the recovery. Driving that percentage down with evidence is a large part of what these cases require.

Common Injuries When a Pedestrian Is Hit by a Vehicle

A pedestrian absorbs the full force of a collision with nothing in between. The same impact that leaves a car dented puts a person in the trauma unit, which is why these injuries are among the most catastrophic in personal injury law.


  • Traumatic brain injury. Head strikes against the vehicle or the pavement cause concussions through severe, permanent brain damage.
  • Spinal cord injuries and paralysis. High-energy impacts fracture the spine and cause lifelong disability.
  • Broken bones and crush injuries. Legs, pelvis, and arms take the first impact; some injuries require multiple surgeries.
  • Internal organ damage. Bleeding and organ injury that may not be obvious at the scene.
  • Fatal injuries. Arizona's high pedestrian death toll means many of these cases become wrongful death claims for the family left behind.

If the driver fled, a hit-and-run, the injured pedestrian's own auto policy may still provide recovery through uninsured motorist coverage, even though they were on foot.

What Is an Arizona Pedestrian Accident Case Worth?

There is no honest average. A pedestrian case is built from the severity of the injuries, the available insurance, the fault split, and the lifetime cost of the harm. What helps a serious Arizona case is that the state caps nothing, so a catastrophic injury is valued on the actual harm, not a statutory ceiling. See our breakdown of Arizona damage caps.

Recoverable damages include past and future medical care, lost income and earning capacity, pain and suffering, disfigurement, and the cost of long-term care. Where a drunk or reckless driver caused the crash, punitive damages are available with no statutory cap. Coverage often comes from the driver's policy, the pedestrian's own UM coverage in a hit-and-run, and any commercial policy if a work vehicle was involved.

How Long Do You Have to File in Arizona?

Most Arizona pedestrian injury claims must be filed within two years, and a wrongful death claim runs two years from the date of death. If a government vehicle or a dangerous road or crosswalk design contributed to the crash, a written notice of claim is due within 180 days, far sooner than the two-year deadline. See the Arizona statute of limitations, and act early, because video and scene evidence in a pedestrian case disappears quickly.

Arizona Pedestrian Accident FAQ

Who is at fault if a pedestrian is hit in a crosswalk in Arizona?

Usually the driver. Under A.R.S. § 28-792, a driver must yield the right-of-way to a pedestrian crossing within a crosswalk, marked or unmarked at an intersection, slowing or stopping if needed. A driver who strikes a pedestrian lawfully in a crosswalk has generally breached that duty. The insurer may still argue the pedestrian shared fault, which reduces but does not bar recovery.

Can I recover if I was crossing outside a crosswalk?

Often, yes. Under A.R.S. § 28-793, a pedestrian crossing outside a crosswalk must yield to vehicles, but that does not make the pedestrian the sole cause of a crash. A driver who was speeding, distracted, or not paying attention still bears fault. Because Arizona follows pure comparative negligence (A.R.S. § 12-2505), you can recover even if you were partly at fault, reduced by your percentage.

What if the driver who hit me fled the scene?

You may still recover. In a hit-and-run, the injured pedestrian's own auto insurance can provide compensation through uninsured motorist coverage, even though you were on foot rather than in a vehicle. Preserving any video and witness information quickly is important, both to identify the driver and to support the claim.

Does Arizona cap what a pedestrian injury case is worth?

No. The Arizona Constitution bars caps on injury and wrongful death damages, including pain and suffering and punitive damages. A catastrophic pedestrian injury is valued on the actual harm, not a statutory limit. This matters most in the severe cases that pedestrian crashes tend to produce.

How long do I have to file a pedestrian accident claim in Arizona?

Generally two years, and two years from the date of death for a wrongful death claim. If a government vehicle or a dangerous public road or crosswalk contributed, a notice of claim is due within 180 days. Evidence in a pedestrian case fades fast, so it is best to act well before the deadline.

Contact Our Arizona Pedestrian Accident Lawyers

People hurt while walking deserve an honest look at what happened, not the reflexive assumption that the pedestrian was at fault. The driver who failed to yield or failed to look should answer for it, and the recovery should reflect the gravity of the injury.

The trial lawyers at Lawsuit Legal take on the blame-the-pedestrian defense, prove the driver's failure with hard evidence, fight the inflated fault percentage, and pursue the maximum recovery Arizona's no-cap law allows.

We help people struck in crosswalks, pedestrians hit by drivers who never slowed, victims of hit-and-run drivers, and families who lost someone on an Arizona street, with the legal help they need. Local to Scottsdale. Serving all of Arizona.

Call (888) 713-6653 for a free, confidential review of your Arizona pedestrian accident claim. You pay nothing unless we win.

 

 

 

 

 

Free Case Evaluation


Let's See If You Have a Case...

Please select what happened?
Were you injured / hurt?
What is the primary type of injury?
Were you hospitalized or receive medical treatment?
Were you at fault for the accident?
When did the accident happen?
Where did the accident happen?
Was the other driver driving a commercial vehicle?
Please share how best to contact you
External Resources
Legal Representation

"Speak with our Arizona pedestrian accident attorneys for a free, confidential review of your potential claim. Past results vary based on the unique facts of each case."

Find out more >>