Pedestrian Accidents

A person on foot has no frame, airbag or seat belt between them and a moving vehicle. NHTSA counted 7,080 pedestrians killed and more than 71,000 injured in U.S. traffic crashes in 20241. Being hit does not, by itself, prove that the driver was at fault, and walking outside a crosswalk does not, by itself, end a claim. A pedestrian accident lawyer looks at what each person was required to do in that exact place, what the evidence shows they did, and which insurance policies may apply.

Where and how pedestrian accidents happen

Most people picture a crosswalk when they think of a pedestrian crash, but people are hit in many other places too. NHTSA groups common pedestrian crashes into a handful of patterns. They include a vehicle turning into a pedestrian's path at an intersection, a driver backing out of a driveway or parking space without seeing someone, and a car that passes another vehicle stopped for a person in a crosswalk1. NHTSA also describes a pedestrian still in the crosswalk when the signal changes, and a person walking with traffic who cannot see a vehicle coming from behind1.

Common settings include:

• Marked crosswalks at signals
• Unmarked crossings at corners
• Left and right turns on a green light
• Driveways and alley exits
• Parking lots and garages
• Bus stops and transit stations
• Roads with no sidewalk
• Shoulders after a breakdown or crash

Behind those settings are a few recurring factors. The CDC names speed, location, vehicle size and alcohol as major risk factors for pedestrian deaths2. Higher speeds make a person more likely to be struck and more likely to be badly hurt2. Distraction matters too, because a driver looking at a phone may not see a person stepping off a curb. Poor visibility at night, glare and parked vehicles that block sight lines can also play a part.

Roadway design is part of the picture. The CDC reports that most pedestrian deaths in 2021 happened on high-capacity urban roads, which usually have posted limits of 45 to 55 miles per hour2. It describes a design conflict on many of these roads: they lead to stores and restaurants people walk to, while also being built for fast traffic2. Vehicle shape can matter as well. A study by Insurance Institute for Highway Safety researchers found that SUVs, pickups and vans were more likely than cars to be involved in certain turning crashes with pedestrians, which may point to blind spots near the front corners of those vehicles5.

Arizona is part of a regional pattern. Federal death certificate data show that the combined pedestrian and cyclist death rate in the West, which includes Arizona, were higher than in the Northeast and Midwest in every year from 2013 to 20233. In August 2026, 12News reported ADOT figures showing 1,156 traffic deaths on Arizona roads in 2025, a third straight yearly decline, and said ADOT also reported fewer pedestrian deaths4.

Injuries pedestrians often face

Because a person on foot takes the full force of a collision, injuries are often serious. A study of 4,435 severely injured pedestrians in a German trauma registry compared them with severely injured vehicle occupants. The pedestrians had higher rates of head, pelvic and leg injuries, and a higher death rate6. Older adults and children made up a larger share of the injured pedestrians than of the occupants6. In the United States, the CDC notes that adults 65 and older were about 17% of the population in 2022 but 22% of pedestrian deaths2.

• Head injuries, including concussion and other traumatic brain injuries
• Broken legs, knees, hips and pelvis
• Spine and neck injuries
• Shoulder, arm and wrist fractures from the fall to the pavement
• Cuts, road rash and scarring
• Emotional effects such as fear of crossing streets

Some injuries are not obvious at the scene. MedlinePlus explains that symptoms of a head injury can appear right away or develop slowly over several hours or days7. It advises calling 911 right away for severe bleeding from the head or face, confusion or unconsciousness, or any sign of a serious head or neck injury7. Your own doctors are the right people to evaluate your symptoms. Getting checked promptly also creates a medical record that connects the injury to the crash. More on brain injuries is on our traumatic brain injury page.

How fault is decided in a pedestrian accident claim

A pedestrian accident claim is usually a negligence claim. The question is whether a driver, or someone else, failed to use reasonable care and whether that failure caused the injury. Right-of-way rules help answer that question, but they do not answer it alone. Arizona law gives drivers a general duty that applies even where someone else has the right-of-way: every driver must exercise due care to avoid colliding with any pedestrian on any roadway10. Drivers must also take proper precautions when they see a child or a confused or incapacitated person on the road10.

The facts that usually matter most are the ones that show what each person could see and do:

• Where the pedestrian was, and whether a signal or crosswalk applied
• How fast the vehicle was going and whether the driver braked
• Whether the driver was turning, backing, passing or looking elsewhere
• Lighting, weather, glare and anything blocking the view
• How long the pedestrian was in the road before the impact
• Whether alcohol, drugs or a phone played a role for anyone involved

Where a pedestrian was standing is one fact among many, and no one should assume the answer before the evidence is in.

Arizona right-of-way rules and insurance for people on foot

Arizona's traffic code sets out who must yield in common situations. The rules are detailed, and courts apply them to the exact facts of each crash. Other states write these rules differently.

Arizona pedestrian rules at a glance

Crosswalks without signals

Where signals are absent or not working, drivers must yield, slowing or stopping if needed, to a pedestrian in a crosswalk on their half of the road or approaching closely from the other half. A pedestrian may not suddenly step into the path of a vehicle too close to stop8.

Stopped cars at crosswalks

A driver may not pass a vehicle that has stopped at a crosswalk to let a pedestrian cross8.

Turning on green

Drivers facing a green light, including drivers turning left or right, must yield to pedestrians lawfully within the intersection or an adjacent crosswalk11.

Crossing elsewhere

A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles. Between adjacent signalized intersections, pedestrians may cross only in a marked crosswalk9.

Driver's duty of care

Regardless of who has the right-of-way, every driver must exercise due care to avoid hitting any pedestrian10.

Driveways and alleys

In business and residential districts, a driver coming out of an alley, driveway or building must stop before crossing the sidewalk area and yield to pedestrians12.

Insurance is a separate question from fault. In many pedestrian claims, the first source of payment considered is the driver's liability insurance. Others may include a vehicle owner's policy, a commercial or employer policy if the driver was working, and the injured person's own auto policy. Arizona requires insurers to offer uninsured and underinsured motorist coverage to their policyholders, and the coverage extends to the people insured under the policy14. Whether it applies to a person on foot depends on the policy language. Our page on uninsured and underinsured motorist claims covers those questions, including hit-and-run crashes.

Who may be responsible for a pedestrian crash

Responsibility is never presumed. Depending on the evidence, a claim might involve:

• The driver who struck the pedestrian
• The vehicle's owner, if state law or the facts make the owner responsible
• An employer, if the driver was working at the time
• A rideshare, delivery or transit operator, depending on its role and the driver's status
• A property owner or manager, for a dangerous parking lot or driveway layout
• A city, county or state agency, for a road, signal or crossing problem, subject to special notice rules
• A second driver whose actions set the crash in motion

Crashes involving more than one vehicle can look like car accidents as well as pedestrian cases, and both sets of questions may need answers.

Evidence that shows what happened

Pedestrian cases often turn on a few seconds. Much of the proof sits with other people, such as businesses with cameras or agencies with signal records, and some of it is erased or recorded over quickly.

Records that help a pedestrian accident claim

The crash and the scene

• Police crash report and any citations
• Photos of the scene, signals, lighting and sight lines
• Surveillance, doorbell, dashcam or bus video
• Names and contact details of witnesses
• Damage to the vehicle, such as a dented hood or broken mirror
• Vehicle data such as event data recorder downloads, where available

Your injuries

• Ambulance, emergency room and hospital records
• Imaging, surgery and therapy records
• Follow-up notes on pain, sleep, memory or mood
• Medical bills and health insurance statements

Insurance and losses

• Your own auto policy declarations page
• Letters or recorded calls with any insurer
• Pay records showing missed work
• Receipts for travel, equipment and home help

When to talk to a pedestrian accident attorney

Some people call right after a crash. Others wait until an insurer denies the claim or blames them. It may be time to talk to a pedestrian accident attorney when:

• Your injuries needed a hospital stay, surgery or ongoing care
• An insurer says you were at fault because of where you crossed
• The driver left the scene or has little or no insurance
• A government vehicle, road or signal may be involved
• The driver was working for a company at the time
• You are being asked for a recorded statement or to sign a release

A lawyer can look at the claim as a whole, from right-of-way to insurance to deadlines, and explain what the evidence does and does not show. When a pedestrian crash leads to a death, the claim is brought by family members under different rules, which we describe on our wrongful death page. The Arizona personal injury overview describes the other kinds of cases we review.

Filing deadlines for a pedestrian accident lawsuit

Every state limits how long you have to file a lawsuit, and the limits differ. In Arizona, a personal injury lawsuit generally must be filed within two years after the cause of action accrues15. Some exceptions can change the timing, so the exact date depends on the facts.

Claims against a public entity or public employee follow stricter rules. Arizona requires a written notice of claim within 180 days after the cause of action accrues. The notice must include facts explaining the basis for liability and a specific amount for which the claim can be settled, with facts supporting that amount17. A claim not filed in time is barred17. A lawsuit against a public entity or public employee generally must then be filed within one year16. These rules could apply when a city bus, a public employee driving for work, or a public road or signal is involved.

Other states set different deadlines and notice rules. Talking to a lawyer early helps protect your options.

Tell Us Your Story →

What happens after you contact CBW Law

How a pedestrian accident review works

1. You tell us what happened

   Share where you were walking, what the vehicle did and what care you have had so far. Rough details are enough to start.

2. We look at the early records

   We review what you have, such as the crash report, photos and medical records, and note what is missing. We identify video or other evidence that may need to be requested quickly.

3. We check insurance and deadlines

   We look at which policies may apply and whether a public entity is involved, because that can shorten the time to act.

4. We tell you what we think

   We explain honestly what the evidence suggests and whether we can help. If we cannot take the case, we will say so.

Plain English

Medical, Health & Insurance

Hospital records, crash reports and insurance letters each use their own language. These are terms that come up often after a pedestrian crash.

Injury terms

Traumatic brain injury (TBI)

A change in brain function caused by a blow or jolt to the head. A concussion is one type7.

Pelvic fracture

A break in the ring of bones at the base of the spine and hips. In one large trauma study, pelvic injuries were more common in severely injured pedestrians than in vehicle occupants6.

Tibial plateau fracture

A break at the top of the shin bone, just below the knee, where a bumper may strike.

Road rash

Skin scraped off by sliding across pavement. Deep road rash may need medical wound care.

Crash and legal terms

Right-of-way

The legal rule about who must yield in a given situation. In Arizona, drivers still owe pedestrians due care even when the pedestrian must yield10.

Unmarked crosswalk

The part of an intersection where a crosswalk legally exists even without painted lines, recognized in Arizona's crossing rules9.

Comparative fault

A rule that reduces damages by the injured person's share of fault instead of barring the claim, as Arizona does13.

Notice of claim

A written claim that must be filed with a public entity before suing it in Arizona, generally within 180 days17.

Insurance terms

Bodily injury liability

The part of a driver's auto policy that pays for injuries the driver is legally responsible for causing to others.

Uninsured motorist (UM) coverage

Coverage under your own policy that may apply when the at-fault driver has no insurance or cannot be identified, depending on the policy terms14.

Underinsured motorist (UIM) coverage

Coverage that may apply when the at-fault driver's limits are too low to cover the losses14.

Medical payments coverage

Optional auto coverage that pays some medical bills regardless of fault, up to a set limit.

Lien

A claim by a hospital, health plan or government program to be repaid from a settlement for bills it covered.

Questions

Frequently asked pedestrian accident questions

Short answers to questions people ask after being hit while walking.

Can I still make a claim if I was not in a crosswalk?

Possibly. Arizona requires pedestrians crossing outside a crosswalk to yield, but drivers must still use due care to avoid hitting any pedestrian910. Arizona's comparative fault law reduces damages by a person's share of fault rather than barring the claim13. The details of the crash decide how fault is shared.

Who pays my medical bills after a pedestrian accident?

It depends on the coverage involved. Sources may include the driver's liability insurance, your health insurance, and coverage on your own auto policy, such as medical payments or uninsured motorist coverage, if you have it. A pedestrian accident lawyer can help sort out which policies may apply and in what order.

What if the driver drove away?

Report the crash to police right away and write down anything you remember about the vehicle. Your own auto policy's uninsured motorist coverage may apply, depending on its terms14. Video from nearby businesses can help identify the driver, but it is often overwritten quickly.

Does a police report decide who was at fault?

No. A crash report is an important record, but it reflects the officer's view at the time and may be incomplete. Fault in a civil claim is decided based on all the evidence, including video, witnesses, vehicle data and scene measurements.

Was the driver automatically at fault because they hit me?

No. A collision does not prove negligence by itself. The question is whether the driver failed to use reasonable care, such as by not yielding, speeding or not watching the road, and whether that caused your injuries. The evidence, not the impact alone, answers that.

Should I see a doctor if I feel okay?

Many people choose to get checked. MedlinePlus notes that head injury symptoms can appear right away or develop over hours or days7. A prompt medical visit lets a doctor check for injuries and creates a record connecting them to the crash. Your own doctors can advise you.

How long do I have to file a pedestrian accident lawsuit in Arizona?

Generally two years after the claim accrues for a personal injury lawsuit15. If a public entity or employee may be responsible, a notice of claim is generally due within 180 days, and the lawsuit within one year1617. Other states differ.

Can I sue the city for a dangerous crossing?

Sometimes. Claims about road design, signals or maintenance can be brought against public entities in some situations, but they involve special defenses and strict notice rules17. An attorney would need to review the location, the agency's records and the timing before saying whether a claim may exist.

What if I was hit in a parking lot?

Parking lot crashes often involve backing vehicles, which NHTSA lists as a common pedestrian crash type1. Claims may involve the driver's insurance and, in some cases, the property owner if the lot's design or lighting played a role. Video from store cameras can be especially helpful.

Tell Us Your Story

A pedestrian crash raises questions about right-of-way, driver care, evidence that may not last long, and insurance that may come from more than one place. Where you crossed is part of the story, not the end of it.

If you or someone close to you was hit while walking, CBW Law can review what happened and talk with you about your options. We will be honest about what we find and whether we can help.

Tell Us Your Story →Call (800) 476-2416

This page is general information about pedestrian accidents. It is not legal or medical advice and does not create an attorney-client relationship. An accident, an injury or a loss does not, by itself, establish that anyone was negligent or legally responsible, and the law differs from state to state. No outcome can be promised in any case.