Arizona Pedestrian Accident Lawyers

Two hundred sixty-three pedestrians were killed in Arizona in 2024. That’s five per week. Arizona’s pedestrian fatality rate is 3.6 per 100,000 residents. The national average is about 2.1. Only New Mexico is worse.

The pedestrian deaths investigation published on this site covers the data in depth. Maricopa County accounts for 1,516 pedestrian crashes and 158 deaths. Seventy-six percent of pedestrian fatalities happen in darkness. The most dangerous hour is 6 to 7 p.m. Smart Growth America ranks Arizona the 5th most dangerous state for pedestrians in its Dangerous by Design report.

This isn’t a pedestrian behavior problem. It’s a road design problem. The legal framework for pedestrian crash cases in Arizona reflects that complexity.

Arizona Pedestrian Right-of-Way Laws

Arizona’s pedestrian laws balance driver and pedestrian duties, but the allocation isn’t equal in practice.

Under ARS 28-792, drivers must yield or stop for pedestrians in marked crosswalks and unmarked crosswalks (any intersection where the road meets). Under ARS 28-793, additional duties apply when a vehicle is stopped at a crosswalk and other vehicles approach.

Under ARS 28-790, pedestrians outside crosswalks must yield to vehicles. Jaywalking doesn’t eliminate your right to compensation, but it introduces comparative fault.

Arizona’s pure comparative negligence system under ARS 12-2505 allocates fault based on the specific facts. A pedestrian who was 30% at fault for crossing outside a crosswalk still recovers 70% of damages. Insurance companies will try to push that percentage higher. An attorney pushes back with the road design data.

When Road Design Is the Problem

Arizona’s arterials were designed for vehicle throughput, not pedestrian safety. Wide lanes communicate speed. Seven-lane roads with half-mile signal spacing and no median refuges are the norm in Phoenix and the West Valley. Pedestrians crossing these roads are exposed to traffic moving 45 to 55 mph with no protection.

If a road design defect contributed to the crash, the government entity responsible (city, county, ADOT) may be liable. Missing crosswalks, inadequate lighting, absence of sidewalks, poor sight lines, and signal timing that doesn’t give pedestrians enough time to cross are all design defects.

Claims against government entities require a notice of claim within 180 days under ARS 12-821.01. Miss that deadline and the case is barred regardless of how strong the evidence is. The filing deadline for the lawsuit is one year, not the standard two years. For the full breakdown of right-of-way law and deadlines, see our Arizona pedestrian law guide.

Hit-and-Run: When the Driver Flees

One in four pedestrians killed nationally in 2023 was struck by a driver who fled the scene. The hit-and-run investigation shows Arizona recorded 16,136 hit-and-run crashes in 2024. Roughly 90% of cases are never solved.

Arizona’s hit-and-run statutes (ARS 28-661 through 28-665) classify a fatal hit-and-run as a Class 2 felony (3-12.5 years) if the driver caused the crash, or a Class 3 felony (2-8.75 years) if they didn’t cause it but fled.

If the driver is never found, your own uninsured motorist coverage is the primary recovery path. Arizona doesn’t require UM coverage, and many drivers decline it. Without it, there may be no source of compensation.

Pedestrian Crash Injuries

Pedestrians have no protection. No crumple zone, no airbag, no seatbelt. A vehicle traveling 40 mph strikes a pedestrian with the same force as falling from a three-story building.

Common pedestrian crash injuries include traumatic brain injuries, spinal cord damage, pelvic fractures, internal bleeding, compound leg and hip fractures, and degloving injuries. ADOT data shows elderly pedestrians (75+) have a 27.8% fatality rate when involved in crashes. Toddlers (0-4) have an 18.2% fatality rate.

Treatment timelines extend well beyond the initial hospitalization. Rehabilitation, physical therapy, cognitive therapy for brain injuries, prosthetics, and home modifications can continue for years. Arizona has no cap on damages, which means the recovery should reflect the full scope of the injury.

What to Do If You’re Hit While Walking

Get medical attention immediately. Even if you can walk at the scene, adrenaline masks serious injuries. An ER visit within 24 hours creates the medical record that connects your injuries to the crash.

If the driver stopped, get their name, license plate, and insurance information. If they fled, document everything you remember: vehicle color, make, direction of travel, any partial plate information. Look for cameras at nearby businesses. Footage gets overwritten on 30-day loops.

File a police report the same day. Contact an attorney before talking to any insurance company. Arizona’s comparative negligence system means both sides are trying to allocate fault, and what you say in the first conversation shapes the entire negotiation.

Where Arizona Pedestrian Deaths Concentrate

Pedestrian fatalities in Arizona cluster in predictable places. The pedestrian deaths and road design investigation documents the specific corridors where most crashes occur. Bell Road, Grand Avenue, MC-85, and parts of Buckeye Road run wide, fast, and unforgiving, with crosswalks spaced so far apart that pedestrians cross mid-block by necessity. Indian School Road belongs on that list too: Phoenix’s own road safety plan ranked 75th Avenue and 67th Avenue at Indian School Road the No. 1 and No. 2 highest-crash-risk intersections in the entire city.

The west valley dangerous intersections analysis shows which specific intersections produce the most pedestrian crashes, and most of them share the same design signatures: six-lane arterials, 45+ mph speed limits, inadequate lighting, and long distances between signalized crossings.

Government Entity Claims and the 180-Day Window

When road design defects contribute to a pedestrian crash, the claim against the government entity (city, county, or ADOT) must be preserved within 180 days under ARS 12-821.01. That’s six months. It’s the single most commonly missed deadline in Arizona pedestrian cases, because families dealing with catastrophic injuries often don’t consult an attorney until the initial medical emergencies have passed.

By then, the 180-day clock has eaten half the window or more. The notice has to contain a specific factual narrative and a specific dollar amount demand, both of which take preparation. An attorney should be involved within weeks of the crash if a government claim is in play.

Maricopa County Superior Court

Civil pedestrian cases with damages over $10,000 are filed in Maricopa County Superior Court. Most serious pedestrian injury cases clear that threshold easily, because ER visits, imaging, orthopedic or neurological consults, and physical therapy routinely drive medical bills above $10,000 in the first month alone.

The court handles the civil claim against the at-fault driver, any claim against the government entity that maintained the road under A.R.S. 12-820, and any UM/UIM claim against the pedestrian’s own insurer if the driver was uninsured or fled.