Pedestrian Accidents Attorney in Phoenix, Arizona

Determining Liability/Fault in a Pedestrian Accident

If you or someone you know has been involved in a pedestrian accident, it's important to determine who's responsible.  

Arizona’s Pedestrian Right of Way Law  

The Pedestrian Right of Way Law gives the right of way to pedestrians in marked crosswalks and unmarked crosswalks at intersections. Pedestrians have the right of way even if there is no traffic light or stop sign at the intersection. Note that some states may not have this law in effect, so it's important to check your state's laws on pedestrian rights. 

Pedestrian Responsibilities   

Pedestrians, too, have responsibilities when walking on the road. They must walk on the sidewalk when available; if there's no sidewalk, pedestrians should walk on the left side of the road, facing traffic. Pedestrians should always use crosswalks when available and check for traffic before crossing. Also, it's illegal for pedestrians to cross the street when a "Don't Walk" or "Wait" signal is flashing. 

Driver Responsibilities  

Drivers have the responsibility to avoid hitting pedestrians at all costs. When approaching a crosswalk, it’s the law to slow down and look for pedestrians crossing. If a pedestrian is already crossing, drivers need to stop and let them cross completely. And they should be particularly cautious when driving in school zones, residential areas, and parking lots. 

Other Hazardous Circumstances

Sometimes, pedestrian accidents occur even when both parties are following the law. For example, a pedestrian might cross the street when a driver runs a red light or a driver might hit a pedestrian who was jaywalking. In these cases, liability may be more difficult to determine. That's why it's important to get in touch with a personal injury attorney who understands how your local and state laws apply to your pedestrian accident case. 

Fault Determination

In legal terms, "fault" refers to who's responsible for causing the accident. Pedestrian accidents are no different than other types of accidents in determining fault.  

The person who fails to obey traffic laws, exercise reasonable care or caution, or drive safely and responsibly when driving a car or walking on the road can be held responsible for the accident. A driver who doesn't pay attention to a pedestrian's safety and strikes them can be deemed at fault. 

Arizona Is a Fault State

Arizona follows the "fault" insurance system when it comes to determining fault in an accident. The driver who's proven to be at fault is responsible for the victim's damages. In Arizona, every driver must carry liability insurance that pays compensation for damages caused to others in an accident. If the driver doesn't have insurance, the victim can sue them personally for damages. 

Comparative Fault

Comparative fault is a legal term used when both parties are involved in causing the accident. If the pedestrian shares fault in the accident, the amount of compensation will be reduced by the percentage of their fault.  

For example, if the pedestrian hit by a car is deemed to be 25% responsible for the accident, they will only be able to receive 75% of the total damages they’re pursuing.