Do Pedestrians Have Right of Way in Arizona?

Pedestrian safety is a critical concern in Arizona personal injury law, especially when it comes to right of way accidents. 

With Arizona’s growing population and bustling urban centers, pedestrian accidents are, unfortunately, a regular occurrence. In these scenarios, knowing how Arizona pedestrian laws and pedestrian right of way laws apply can make a substantial difference in determining liability, protecting your rights, and seeking compensation. 

At Craig Swapp & Associates, our team of accident lawyers in Arizona understands how complex right of way pedestrian accidents can become, particularly if you are unfamiliar with the intricacies of traffic rules and personal injury claims. 

Who Are Considered Pedestrians in Arizona?

When we talk about “pedestrians,” the term does not simply describe someone walking along the sidewalk. Under Arizona pedestrian laws, any person on foot, or even on certain types of non-motorized conveyances, can be classified as a pedestrian. 

This typically includes:

• Walkers and Joggers: Individuals traveling by foot on roads, sidewalks, or crosswalks.
• People Using Assistive Devices: Those using wheelchairs, crutches, or walkers are also typically considered pedestrians because they rely on a form of non-motorized mobility device.
• Skateboarders and Roller-Skaters: In many situations, people using skateboards or roller skates on sidewalks or designated paths can be treated similarly to pedestrians, though local rules may vary.
• Scooter Users: Non-motorized scooter users are also often viewed as pedestrians, especially if they are traveling on sidewalks or pedestrian paths.

Understanding who qualifies as a pedestrian is vital when discussing right of way accidents, since the rules governing pedestrians differ from those governing bicyclists, motorcyclists, or drivers of cars and trucks.

What Is the Right of Way for Pedestrians?

“Right of way” is a legal concept referring to who must yield and who is legally permitted to proceed first in a traffic scenario. For pedestrians, Arizona right of way laws are designed to protect those who are vulnerable on foot or in non-motorized transit. 

However, it is crucial to recognize that right of way does not automatically absolve a pedestrian of all responsibility. In other words, while a pedestrian may be granted legal precedence in certain situations (such as crossing within a marked crosswalk) there is still an obligation to follow traffic signals and make reasonable efforts to ensure personal safety.

In Arizona, right of way rules are found primarily in Title 28 of the Arizona Revised Statutes (A.R.S.), which outlines how pedestrians must interact with vehicles on roadways. When someone violates these rules, whether it is a pedestrian who disregards a “Don’t Walk” signal or a driver who fails to yield at a crosswalk, this negligence can lead to right of way pedestrian accidents.

Right of Way Laws in Arizona 

Arizona pedestrian right of way laws set forth specific requirements for how pedestrians and drivers share the road. Both parties have a legal duty to exercise caution and follow traffic signals. Below are some general principles.

Pedestrians

• Crosswalk Usage: According to A.R.S. § 28-792, pedestrians typically have the right of way when they are within a marked or unmarked crosswalk at an intersection. Drivers are required to yield to pedestrians crossing the roadway in this manner.
• Obligation to Obey Signals: Where traffic control signals are present, pedestrians must follow “Walk” and “Don’t Walk” indicators. Crossing against a “Don’t Walk” signal can place some or all liability on the pedestrian in the event of a collision.
• Use of Sidewalks: Pedestrians are generally required to use sidewalks when they are available. If a pedestrian walks on the roadway instead of a provided sidewalk, that individual may be partially liable for any resulting accident.

Drivers

• Yielding to Pedestrians in Crosswalks: Under A.R.S. § 28-793, drivers must yield the right of way to any pedestrian in a crosswalk. This includes both marked and unmarked crosswalks at intersections.
• Exercising Due Care: Even if the pedestrian is acting outside the confines of traffic laws (e.g., crossing where there is no crosswalk), drivers are obligated to exercise “due care” to avoid collisions, including honking the horn if necessary to warn the pedestrian.
• Stopping for School Buses: Drivers must also comply with laws requiring them to stop for school buses and exercise caution in school zones, where children are typically crossing.

Violating these laws can lead to severe legal consequences for both drivers and pedestrians, and it often forms the foundation of liability assessments in right of way accidents.

Do Pedestrians Always Have the Right of Way? 

Pedestrians in Arizona generally have the right of way when they are using a designated crosswalk or crossing at an intersection with a proper signal. This is not limited to marked crosswalks; many intersections have implied or “unmarked” crosswalks where pedestrians can legally cross. If a pedestrian is already in the crosswalk and has begun crossing lawfully, drivers must yield until the person has completely traversed the roadway.

Nevertheless, if a pedestrian darts into traffic unexpectedly or crosses against a traffic signal, they may lose their right of way status. For instance, if a pedestrian runs across the street where no crosswalk exists or against a “Don’t Walk” sign, the pedestrian might be found partially or fully at fault in a resulting collision. 

Still, as Arizona accident lawyers, we frequently see that drivers have an overarching responsibility to remain attentive and avoid accidents where possible.

Pedestrian Accidents on Roadways

Pedestrian accidents can happen on busy commercial streets, quiet suburban areas, or highways where pedestrian presence is unexpected. 

Common factors contributing to these accidents include:

• Distracted Driving: Texting, adjusting music, or other forms of distraction can cause drivers to overlook pedestrians. 
• Failure to Yield: Ignoring right of way laws at crosswalks or intersections can directly lead to right of way pedestrian accidents.
• Speeding: Excessive speed reduces a driver’s ability to stop or maneuver quickly in response to sudden events, such as a pedestrian stepping into the street.
• Driving Under the Influence: Impaired driving due to alcohol, drugs, or certain medications can significantly impede reaction times and judgment.
• Poor Visibility: Nighttime conditions or inclement weather can make it difficult for drivers to see pedestrians, especially if roads are poorly lit or pedestrians wear dark clothing.

In Arizona, the combination of these factors with rapidly increasing traffic congestion has made it all the more important for both pedestrians and drivers to heed Arizona pedestrian laws. Failure to do so increases the likelihood of severe injuries or even fatalities.

Determining Liability in a Pedestrian Accident in Arizona  

When right of way accidents involve a pedestrian and a motorist, determining liability can be complex. 

Arizona follows a doctrine of pure comparative negligence, meaning fault can be apportioned between both parties. For example, if a driver ran a red light and struck a pedestrian, but the pedestrian was also crossing outside of a crosswalk in poor lighting conditions, a court may find both parties partially responsible.

In cases where liability is contested, insurance companies, legal representatives, and possibly a jury will examine factors such as:

• Whether the Pedestrian Had the Right of Way: Was the pedestrian lawfully within a crosswalk or intersection? Were traffic signals obeyed?
• Driver Negligence: Was the driver speeding, driving under the influence, or disobeying traffic signals?
• Pedestrian Conduct: Did the pedestrian suddenly enter traffic? Were they crossing at a safe location?
• Evidence: Police reports, witness statements, traffic camera footage, and accident reconstruction analysis often play a crucial role in establishing who is at fault.

Since multiple factors may be at play in right of way pedestrian accidents, it is wise to consult with a pedestrian accident lawyer in Arizona who can help gather evidence, negotiate with insurance companies, and advocate in court if needed.

Common Injuries in Pedestrian Accidents

Pedestrians have very little protection against a moving vehicle, leaving them vulnerable to a wide range of injuries, such as:

• Traumatic Brain Injuries (TBIs): Caused by blows to the head, often leading to lifelong cognitive or physical impairments.
• Spinal Cord Injuries: These can result in temporary or permanent paralysis.
• Broken Bones and Fractures: Arms, legs, ribs, and pelvis are particularly vulnerable in pedestrian accidents.
• Lacerations and Abrasions: Serious cuts and scrapes can lead to infections and extensive scarring.
• Soft Tissue Damage: Torn ligaments, tendons, and muscle strains can require lengthy rehabilitation.
• Psychological Trauma: Emotional distress and post-traumatic stress disorder (PTSD) often accompany severe physical injuries.

The wide spectrum of possible injuries underscores the importance of understanding and following Arizona pedestrian right of way laws. It also highlights the need for prompt medical attention and legal counsel in the aftermath of a pedestrian accident.

Tips to Pedestrians and Drivers to Avoid Accidents

The best way to reduce pedestrian accidents is through mutual respect for traffic laws, attention to surroundings, and proactive safety measures:

For Pedestrians

• Cross at Designated Areas: Use crosswalks and intersections whenever possible.
• Obey Traffic Signals: Wait for the signal and avoid crossing against “Don’t Walk” indicators.
• Be Visible: Wear light-colored or reflective clothing, especially during low-light conditions.
• Stay Aware: Put away electronic devices and look for oncoming traffic before stepping off the curb.
• Make Eye Contact: Establish eye contact with drivers to ensure they see you before crossing.

For Drivers

• Yield Properly: Always yield to pedestrians in or at crosswalks, whether marked or unmarked.
• Stay Alert: Keep an eye out for pedestrians, especially near schools, shopping centers, and residential areas.
• Observe Speed Limits: Driving at or below the speed limit gives you more time to react to sudden pedestrian movements.
• Reduce Distractions: Avoid texting, talking on the phone, or engaging in other distractions while driving.
• Use Headlights Appropriately: Properly timed headlight use can enhance visibility at dusk, dawn, and nighttime.

Consistently following these basic tips can significantly lower the risk of right of way pedestrian accidents in Arizona and help everyone stay safer.

Hiring a Lawyer After a Pedestrian Accident in Arizona

Even if you do everything right, following Arizona pedestrian laws and taking proactive steps to protect yourself, pedestrian accidents can still happen. When they do, you may find yourself facing mounting medical bills, lost wages, and the stress of dealing with insurance adjusters. 

This is where an experienced pedestrian accident lawyer in Arizona can make a substantial difference. An Arizona accident lawyer who understands the nuances of pedestrian right of way laws can review your case, collect relevant evidence, negotiate with insurance companies, or even take your claim to court.

At Craig Swapp & Associates, we have a dedicated team of accident lawyers in Arizona ready to champion your rights if you have been involved in a pedestrian accident. By focusing on personal injury law, we streamline the process of getting you the help you need. 

Whether you are dealing with right of way accidents or another type of personal injury claim in Arizona, seeking immediate legal advice is a vital step. An attorney can help clarify how Arizona pedestrian right of way laws apply to your particular case, ensuring you do not inadvertently waive any of your legal rights.

Call us today at 866-308-3626 or fill out our contact form for a free consultation.