What happens when a pedestrian is injured in a crosswalk, but the driver claims it was the pedestrian’s fault? Understanding Arizona law can make all the difference in your case.
Picture this scenario: You’re crossing the street in a marked crosswalk when you’re hit by a car. As you’re lying there injured and in shock, the driver gets out and immediately starts saying things like, “You walked right in front of me!” or “You weren’t supposed to be crossing!” Sound familiar? Unfortunately, this happens more often than you might think in Arizona.
If you’ve been hit by a car while in a crosswalk, it’s natural to feel confused when the driver starts pointing fingers at you. After all, aren’t pedestrians supposed to have the right-of-way in crosswalks? The truth is, crosswalk accidents involve complex legal considerations, and drivers (or their insurance companies) often try to shift blame to avoid responsibility.
Let’s dive into what Arizona law actually says about crosswalk accidents and how fault is really determined.
Understanding Arizona’s Crosswalk Laws
Arizona has specific laws designed to protect pedestrians, especially when it comes to crosswalks. The most important statute is Arizona Revised Statute 28-792, which clearly states that drivers must yield the right-of-way to pedestrians crossing within a crosswalk.
Here’s what the law says in plain English:
- Drivers must slow down or stop to yield to pedestrians in crosswalks
- This applies to both marked crosswalks (with painted lines) and unmarked crosswalks at intersections
- If the pedestrian is on the same half of the road as your vehicle, you must yield
- If the pedestrian is approaching from the opposite side and close enough to be in danger, you must yield
The Golden Rule for Crosswalks
The law requires drivers to yield the right-of-way to pedestrians crossing within a crosswalk when traffic control signals are not in place or not in operation. This means that in most crosswalk situations, the pedestrian has the legal right to be there, and drivers are required to accommodate them.
But here’s where it gets a bit more nuanced…
When Pedestrians Don’t Have the Right-of-Way
While pedestrians generally have the right-of-way in crosswalks, there are some important exceptions under Arizona law:
Traffic Signals Matter
Under Arizona law (ARS 28-646), a pedestrian cannot lawfully cross against a crosswalk signal in a marked crosswalk. This means:
- If there’s a “DON’T WALK” signal displayed, pedestrians must wait
- Crossing against a red light or “DON’T WALK” signal removes the pedestrian’s right-of-way
- When the signal displays the word or symbol for “walk,” pedestrians have the right of way to cross in the direction of the signal
The “Sudden Movement” Rule
Even when pedestrians have the right-of-way, they cannot suddenly leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield. This is a crucial point that often comes up in crosswalk accident cases.
Why Drivers Try to Blame Pedestrians
When a crosswalk accident occurs, drivers and their insurance companies have several reasons for trying to shift blame to the pedestrian:
Financial Motivation
Auto insurance companies are businesses focused on protecting their bottom line. If they can prove the pedestrian was even partially at fault, they can reduce the amount they have to pay out. In Arizona, which follows a comparative negligence system, compensation is reduced proportionally by the victim’s percentage of fault.
Common Defense Strategies
Drivers and their insurance companies often claim:
- “The pedestrian came out of nowhere”
- “They weren’t paying attention”
- “They were looking at their phone”
- “They didn’t wait for cars to stop”
- “They crossed against the signal”
The Reality Check
Here’s what you need to know: Just because a driver claims you were at fault doesn’t make it true. To prove liability, it must be shown that the driver, pedestrian, or another party acted negligently or failed to adhere to traffic laws. The burden is on them to prove their claim with evidence.
How Fault is Really Determined in Arizona
Arizona follows what’s called pure comparative negligence. Under this theory, the amount of damages a plaintiff can recover is reduced by a percentage that reflects the plaintiff’s degree of fault – no matter what that percentage may be.
What This Means for Your Case
Let’s say you’re awarded $100,000 in damages, but the court determines you were 20% at fault for the accident. You would still receive $80,000. Importantly, 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.
Evidence That Matters
When determining fault in crosswalk accidents, courts and insurance companies look at:
Driver Behavior:
- Was the driver speeding?
- Were they distracted (texting, talking on phone)?
- Were they under the influence?
- Did they fail to yield when required?
- Were they making an illegal turn?
Pedestrian Behavior:
- Were they in a legal crosswalk?
- Did they have the right-of-way signal?
- Did they suddenly dart into traffic?
- Were they paying attention?
Environmental Factors:
- Weather conditions
- Lighting
- Visibility
- Road conditions
- Traffic signals and signage
Common Myths About Crosswalk Accidents
Myth 1: “Pedestrians Always Have the Right-of-Way”
Reality: While pedestrians have strong protections under Arizona law, they don’t have unlimited right-of-way. They must follow traffic signals and can’t suddenly enter traffic when it’s unsafe to do so.
Myth 2: “If You’re Hit Outside a Crosswalk, It’s Always Your Fault”
Reality: Pedestrians have the right to sue if they are hit by a car, even if they were outside a crosswalk at the time of the accident. While it may affect the case, it doesn’t automatically make the pedestrian 100% at fault.
Myth 3: “The Driver’s Insurance Will Always Try to Be Fair”
Reality: Insurance companies are businesses. State laws leave plenty of room to blame the victim – and insurance companies will take every opportunity to do just that.
When Drivers Are Clearly at Fault
Despite what drivers might claim, there are many situations where they bear full responsibility for crosswalk accidents:
Distracted Driving
Arizona law addresses distracted driving under ARS 28-914. Drivers are prohibited from using handheld devices for texting or calling while driving. If a driver hits a pedestrian while texting or talking on their phone, this is strong evidence of negligence.
Speeding
Drivers who exceed speed limits, especially in areas with heavy pedestrian traffic, are more likely to be found at fault when they strike pedestrians in crosswalks.
Failing to Stop for Stopped Vehicles
If a vehicle is stopped at a marked crosswalk or at an unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of another vehicle approaching from the rear shall not overtake and pass the stopped vehicle.
Driving Under the Influence
Impaired drivers who strike pedestrians in crosswalks face both criminal charges and civil liability.
Running Red Lights or Stop Signs
The driver is also liable if he or she fails to yield at a stop sign or red light.
What to Do if You’re Blamed for a Crosswalk Accident
If you’ve been hit in a crosswalk and the driver is claiming you were at fault, here’s what you need to do:
Immediate Steps at the Scene
- Seek medical attention first – Your health is the top priority
- Call 911 – Get an official police report
- Document everything – Take photos of the accident scene, your injuries, vehicle damage, and traffic signals
- Get witness information – Collect names and contact information from anyone who saw what happened
- Don’t admit fault – Be factual but avoid saying things like “I’m sorry” or “I should have been more careful”
What NOT to Say
Avoid statements like:
- “I didn’t see the car coming”
- “I was in a hurry”
- “I should have waited”
- “It was my fault”
Gather Evidence
Visual evidence strengthens your case by preserving the exact conditions at the time of the accident. Document:
- The position of vehicles and pedestrians
- Road conditions and traffic signals
- Any debris, skid marks, or relevant signage
- Weather and lighting conditions
Why You Need Legal Representation
Crosswalk accident cases can be complex, especially when the driver is claiming you were at fault. Here’s why having an experienced personal injury attorney matters:
Insurance Companies Aren’t on Your Side
Insurance adjusters are trained to minimize payouts. They might:
- Pressure you to give a recorded statement
- Offer a quick, low settlement
- Misrepresent Arizona law
- Use your own words against you
Legal Expertise Makes a Difference
An experienced pedestrian accident attorney will:
- Investigate the accident thoroughly
- Gather evidence to support your case
- Interview witnesses
- Work with accident reconstruction experts
- Handle all communication with insurance companies
- Fight for the compensation you deserve
Time is Critical
The general statute of limitation for all personal injury cases, including pedestrian accidents, is found in ARS 12-542(1). Under this statute, you must file a lawsuit no later than two years after the date of your accident.
Real-World Example: When the Driver Was Wrong
Let’s look at a hypothetical scenario based on common crosswalk accident patterns:
The Situation: Maria is crossing in a marked crosswalk with a “WALK” signal. John is making a right turn and strikes Maria while looking at his GPS on his phone. John immediately claims Maria “walked out in front of him” and that she should have waited.
The Reality:
- Maria had the legal right-of-way with the “WALK” signal
- John was required to yield to pedestrians in the crosswalk
- John’s distracted driving (using his GPS) contributed to the accident
- John failed to exercise due care as required by Arizona law
The Outcome: Despite John’s claims, evidence showed he was primarily at fault due to distracted driving and failure to yield.
Arizona’s Dangerous Reputation for Pedestrians
It’s worth noting that Arizona has the highest rate of pedestrian deaths in the nation and is widely recognized as one of the most dangerous states to travel on foot. This context is important because it highlights how serious pedestrian safety issues are in our state.
The statistics are sobering:
- Most pedestrian fatalities and injuries occurred when pedestrians were crossing the road
- The vast majority of pedestrians (65.4%) were NOT under the influence of drugs or alcohol at the time of the accident
- Most pedestrian accidents occurred in urban areas (with most occurring in Maricopa County and the Phoenix metropolitan area)
Types of Compensation Available
If you’ve been hit in a crosswalk accident and you’ve been injured, you may be entitled to compensation for:
Economic Damages
- Medical expenses (past and future)
- Lost wages
- Lost earning capacity
- Rehabilitation costs
- Property damage
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
In Tragic Cases
If your loved one was killed in a pedestrian accident, you need to follow the wrongful death statute of limitation. This law is found in ARS 12-542(2) and sets a two-year deadline for filing a claim after your loved one’s death.
The Importance of Professional Investigation
When a driver claims you were at fault for a crosswalk accident, a thorough investigation becomes crucial. No matter the situation, a pedestrian crash should be carefully investigated. As a fault-based liability state, Arizona law requires a determination of who is liable for a pedestrian crash.
Professional investigation might reveal:
- Traffic camera footage
- Cell phone records showing distracted driving
- Witness statements contradicting the driver’s story
- Evidence of speeding or reckless driving
- Proof that traffic signals were functioning properly
Don’t Let Them Blame You
Being hit by a car while in a crosswalk is traumatic enough without having to deal with false accusations from the driver. Remember these key points:
- You have rights – Arizona law provides strong protections for pedestrians in crosswalks
- The driver’s claims aren’t facts – They need evidence to prove their allegations
- Comparative negligence works both ways – Even if you made a minor mistake, you can still recover compensation
- Evidence matters – The more evidence you preserve, the stronger your case
- Professional help makes a difference – An experienced attorney knows how to counter false blame and fight for your rights
Why Choose Phoenix Accident and Injury Law Firm?
At Phoenix Accident and Injury Law Firm, we’ve seen far too many cases where injured pedestrians were unfairly blamed for accidents that weren’t their fault. With over 15 years of experience representing personal injury clients in Arizona, we understand the tactics insurance companies use and how to fight back effectively.
Our Approach
- No upfront fees – We work on a contingency basis
- Direct attorney access – You work with experienced lawyers, not just assistants
- Thorough investigation – We dig deep to uncover the truth
- Aggressive advocacy – We fight for every dollar you deserve
- Local expertise – We know Arizona law and local courts
Our Track Record
- Successfully represented 893+ clients
- Secured $31,304,538+ in settlements
- A+ rating from the Better Business Bureau
- Strong record of successful case results
Take Action Today
If you’ve been hit in a crosswalk and the driver is claiming you were at fault, don’t let them get away with it. While recovery is your top priority, it is important to take action quickly so that you do not miss your window for securing compensation and so that evidence does not become lost to time.
Contact us today at 480-725-4799 for a free consultation. We’ll review your case, explain your rights, and help you understand your options. Remember, we don’t get paid unless we win your case.
Don’t let a driver’s false accusations prevent you from getting the justice and compensation you deserve. Arizona law is on your side – let us prove it.
The information in this blog post is for educational purposes only and does not constitute legal advice. Every case is unique, and the outcome depends on specific facts and circumstances. If you’ve been injured in a pedestrian accident, consult with an experienced Arizona personal injury attorney to discuss your specific situation.
