Accidents involving pedestrians who jaywalk create complex liability scenarios under Arizona law. If you’ve been involved in such an incident, understanding the nuanced legal landscape becomes crucial for protecting your rights and determining appropriate compensation.
Arizona’s Jaywalking Laws and Pedestrian Responsibilities
Arizona law specifies clear rules regarding pedestrian responsibilities when crossing streets. According to Arizona Revised Statutes (ARS) 28-793, pedestrians crossing a roadway at any point other than within a marked crosswalk or unmarked crosswalk at an intersection must yield the right-of-way to all vehicles on the roadway.www.azleg.gov
The law further states that between adjacent intersections where traffic control signals are in operation, pedestrians shall not cross at any place except in a marked crosswalk.www.azleg.gov This effectively makes jaywalking illegal in many common scenarios.
Additionally, the law specifically prohibits pedestrians from suddenly leaving any curb or place of safety and walking or running into the path of a vehicle that is so close that it becomes impossible for the driver to yield.www.azleg.gov
Arizona’s Comparative Negligence System
If you hit a jaywalker in Arizona, liability is determined under the state’s “pure comparative negligence” system. This means:
- Both the driver and pedestrian can share fault in varying percentages
- The pedestrian can recover damages even if they are 99% at fault
- Compensation decreases proportionally with the pedestrian’s degree of fault
- A thorough investigation determines each party’s share of responsibility
For example, if a jaywalking pedestrian suffers $100,000 in damages but is found 70% at fault, they would still receive $30,000 in compensation. This system ensures that even when pedestrians break the law, they maintain some right to recovery if the driver shares any fault whatsoever.
What To Do If You Hit a Jaywalker
If you find yourself in the unfortunate situation of hitting a jaywalking pedestrian:
- Ensure everyone’s safety – Check on all parties involved and call 911 if there are injuries
- Document the scene – Take photos of the accident location, vehicle damage, and relevant traffic signs
- Collect information – Exchange contact and insurance details with the pedestrian
- Contact your insurance company – Report the incident promptly
- Consult with a pedestrian accident attorney – Seek legal guidance before making statements that could affect liability
Common Scenarios Where Pedestrians Share Fault
Several behaviors can contribute to a pedestrian’s liability in an accident:
- Crossing against traffic signals
- Failing to look both ways before crossing
- Texting or using electronic devices while walking
- Walking in roadways when sidewalks are available
- Crossing between intersections with operational traffic signals
- Walking while impaired by alcohol or drugs
Driver Responsibilities in Arizona
Even when a pedestrian is jaywalking, drivers in Arizona still maintain significant responsibilities. Under ARS 28-792, if traffic control signals are not in place or are not in operation, drivers must yield the right-of-way to pedestrians crossing within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling.www.azleg.gov
While this statute specifically addresses crosswalks, Arizona courts often consider factors such as:
- Whether the driver was traveling at a safe speed
- If the driver was distracted or impaired
- Visibility conditions at the time of the accident
- Whether the driver had reasonable opportunity to avoid the collision
A driver cannot simply proceed without caution just because a pedestrian is breaking the law. If a court determines that a driver could have reasonably avoided the accident despite the pedestrian’s jaywalking, the driver will likely bear a significant portion of fault.
Why Legal Representation Matters
After a pedestrian accident, insurance companies often try to maximize the pedestrian’s share of fault to reduce payouts. Having experienced legal representation ensures a fair assessment of liability.
The personal injury attorneys at GLG specialize in navigating Arizona’s comparative negligence laws. Their team can:
- Conduct a thorough investigation of the accident scene
- Gather evidence to establish an accurate fault determination
- Handle all communications with insurance adjusters
- Represent your interests in settlement negotiations or court proceedings
- Ensure you receive fair compensation based on proper liability assessment
Get Professional Legal Guidance
If you’ve been involved in an accident with a jaywalking pedestrian in Arizona, contacting an experienced attorney should be a priority. GLG Personal Injury Lawyers offer consultations to discuss your case and explain your legal options.
Their team of skilled attorneys will evaluate the specific circumstances of your accident, help determine the appropriate distribution of fault, and work to ensure your rights are protected throughout the claims process.
