Arizona is one of the most dangerous states in the country for pedestrians. Year after year, the state ranks near the top of national pedestrian fatality reports, with the Phoenix metro area consistently appearing on lists of the most dangerous urban areas for people on foot. When a pedestrian is struck by a vehicle, the question of fault is rarely as simple as it might appear — and the answer has enormous consequences for what compensation the victim can recover.
The foundational statute governing pedestrian right-of-way in Arizona is A.R.S. § 28-792. This law requires drivers to yield the right-of-way to a pedestrian crossing the roadway within a crosswalk when the pedestrian is in the driver’s lane or an adjacent lane, or when the pedestrian is close enough to the driver’s lane that continuing would put them in danger.
Critically, the law also imposes duties on pedestrians. Under A.R.S. § 28-792(B), a pedestrian may not suddenly leave a curb or other place of safety and walk or run into the path of a vehicle that is so close it is impossible for the driver to yield. This provision is frequently cited by insurance companies and defense attorneys to argue that the pedestrian shares fault for the collision.
A companion statute, A.R.S. § 28-793, extends driver responsibility beyond marked crosswalks. It requires drivers to exercise due care to avoid colliding with any pedestrian on any roadway, to give warning by sounding the horn when necessary, and to exercise proper precaution when observing a child or any obviously confused or incapacitated person on the road.
Many pedestrians do not realize that Arizona law recognizes both marked and unmarked crosswalks. A marked crosswalk is the painted lines you see at intersections and mid-block crossing points. An unmarked crosswalk exists at any intersection where two roads meet, even if there are no painted lines — as long as the pedestrian is crossing at the intersection itself.
This distinction matters because pedestrians crossing at an intersection without painted markings still have legal right-of-way protections under Arizona law. A driver who strikes a pedestrian at an unmarked intersection crosswalk cannot simply argue “there was no crosswalk” to avoid liability.
Mid-block crossings — pedestrians crossing outside of any intersection — are a different matter. These situations carry a higher comparative fault risk for the pedestrian, though driver negligence (speeding, distraction, impairment) can still result in significant liability for the driver.
In practice, fault in a pedestrian accident case is determined by examining the totality of circumstances, not just whether the pedestrian was in a crosswalk. Investigators and attorneys look at:
Driver speed. A driver traveling at the posted speed limit has a certain stopping distance. A driver traveling 10 mph over the limit may have had no ability to stop in time even if the pedestrian entered the crosswalk legally. Speed data from the vehicle’s event data recorder is often critical.
Driver distraction. Phone records, dashcam footage, and witness testimony can establish whether the driver was looking at a device, eating, or otherwise distracted at the moment of impact. Arizona’s hands-free law under A.R.S. § 28-914.01 prohibits handheld device use while driving, and a violation directly affects fault analysis.
Lighting and visibility conditions. Many pedestrian fatalities in Arizona occur at night or in low-light conditions. A driver who fails to reduce speed in low-visibility conditions, or who does not have properly functioning headlights, bears greater responsibility for failing to see a pedestrian in time.
Pedestrian behavior. Was the pedestrian wearing dark clothing at night? Did they step off the curb without looking? Were they using a phone while crossing? These factors can increase the pedestrian’s assigned fault percentage under Arizona’s comparative fault system — but they do not eliminate the driver’s responsibility to exercise due care.
It is worth understanding the broader context of why Arizona pedestrian accidents happen so frequently. Research by transportation safety organizations consistently identifies road design as a primary factor. Many of Phoenix’s arterial roads — Camelback Road, Van Buren Street, McDowell Road — were designed in the mid-20th century for vehicle throughput, with crosswalks spaced far apart, high speed limits, and minimal pedestrian infrastructure.
When a pedestrian is forced to cross a six-lane arterial at a crosswalk that is 800 feet from the nearest intersection, or to wait for a walk signal that only lasts 15 seconds, the road design itself is creating dangerous conditions. This matters legally because in some cases, government entities responsible for road design and maintenance can bear a share of liability for pedestrian accidents that occur on dangerous roadways.
If a pedestrian accident occurs at an intersection with a malfunctioning traffic signal, a crosswalk with inadequate lighting, or a road where the design itself creates unreasonable danger, the city or state agency responsible for that infrastructure may share liability. Claims against government entities in Arizona are governed by the Arizona Tort Claims Act (A.R.S. § 12-820), which requires a notice of claim to be filed within 180 days of the accident. Missing this deadline can permanently bar your claim against a government entity, even if your claim against the driver remains valid.
If you or someone you love has been struck by a vehicle, the steps taken immediately after the accident will shape the entire legal case. Call 911. Get medical attention — even if you feel you can walk, internal injuries and traumatic brain injuries may not be immediately apparent. If you are able, photograph the scene, the vehicle, the crosswalk markings, and any traffic signals. Get the names and contact information of witnesses.
Do not give a recorded statement to the driver’s insurance company before consulting an attorney. Adjusters are trained to ask questions that elicit answers suggesting the pedestrian contributed to the accident. Even a statement as innocent as “I didn’t see the car coming” can be used to argue you were not paying attention.
Contact an experienced Phoenix, Arizona pedestrian accident attorney as soon as possible. At Phillips Law Group, we handle pedestrian accident cases throughout the state and we know how to build the evidence needed to counter the arguments insurers use to reduce your recovery. Call us at (602) 222-2222 for a free consultation.
Available 24/7 
