Pedestrian right-of-way laws determine when Arizona drivers must yield and when pedestrians must wait for traffic. These rules matter in a state where pedestrian crashes remain a serious safety concern. In 2023, Arizona recorded 7,314 pedestrian fatalities.
Many people mistakenly believe pedestrians always have the right of way. Arizona law actually gives both drivers and pedestrians specific responsibilities depending on where and how someone crosses the road.
At Shapiro Law Team, we represent people injured in pedestrian accidents throughout Arizona. Understanding these rules is an important first step after a crash, especially when there is a dispute over who had the right of way.
What Arizona Law Says About Pedestrian Right of Way
Arizona’s pedestrian right-of-way laws protect people using crosswalks while also requiring pedestrians to cross responsibly.
Under A.R.S. § 28-792, if traffic-control signals aren’t operating or aren’t in place, a driver must yield to a pedestrian crossing within a crosswalk. The rule also applies if a pedestrian approaches closely enough from the opposite half of the roadway to be in danger.
However, pedestrians have responsibilities too. A.R.S. § 28-792 also states that a pedestrian must not suddenly leave a curb and enter a vehicle’s path that’s close enough that yielding would be impossible.
Marked Crosswalks vs. Unmarked Crosswalks
Arizona law recognizes both marked and unmarked crosswalks. A marked crosswalk typically uses painted lines or other markings, while an unmarked crosswalk may exist at an intersection even without paint on the roadway.
That distinction matters after a pedestrian accident. The absence of painted lines doesn’t automatically mean a pedestrian was crossing somewhere without crosswalk protections.
What Pedestrians Are Required to Do Under Arizona Law
Pedestrian right of way isn’t unlimited. Under A.R.S. § 28-793, a pedestrian crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection generally must yield to vehicles on the roadway.
Arizona also regulates where pedestrians should walk. Under A.R.S. § 28-796, pedestrians generally cannot walk along an adjacent roadway when a sidewalk is provided and accessible.
In short, drivers must watch for pedestrians and yield when required, but pedestrians must also follow crossing signals and other traffic laws.
Where Pedestrians Have the Right of Way in Arizona
Understanding pedestrian right of way in Arizona becomes easier when you look at specific locations. Crosswalk type, traffic signals, and crossing location all affect who must yield.
At Intersections (Controlled and Uncontrolled)
At intersections with pedestrian signals, A.R.S. § 28-646 states that pedestrians facing a WALK signal may cross in the direction of that signal. Drivers must yield to them.
A pedestrian facing a DON’T WALK signal cannot begin crossing. However, someone who already entered the roadway on a WALK signal may continue to a sidewalk or safety island after the signal changes.
Mid-Block Crosswalks and School Zones
Drivers must also follow Arizona’s yielding requirements at marked mid-block crosswalks. The rules change if someone crosses between intersections somewhere that is not a marked crosswalk. In that situation, A.R.S. § 28-793 generally requires the pedestrian to yield to vehicles.
Arizona also imposes specific rules at school crossings. If school-zone signs are posted, A.R.S. § 28-797 generally sets a 15 mph speed limit when approaching the school crossing and requires drivers to stop when a person occupies the crossing.
Parking Lots and Private Property
Arizona’s statutory crosswalk rules focus on public roadways, so the same right-of-way rules don’t automatically apply in every private parking lot. However, drivers and pedestrians still must act reasonably and avoid collisions.
When Drivers Must Yield — and When They Don’t
Arizona law doesn’t give pedestrians an automatic right of way in every situation. Instead, the rules depend on where the pedestrian crosses, whether traffic signals are present, and whether the driver has enough time to yield safely.
Situations Where Drivers Must Yield to Pedestrians
Depending on the circumstances, Arizona drivers must yield when:
- A pedestrian is using a crosswalk: Drivers must yield in qualifying situations at marked and unmarked crosswalks when traffic-control signals are absent or not operating.
- A pedestrian has a WALK signal: Pedestrians may proceed when facing a WALK signal, and drivers must give them the right of way.
- A pedestrian occupies a designated school crossing: Drivers must stop at qualifying school crossings when a person occupies the crossing.
Situations Where Pedestrians Do NOT Have the Right of Way
Pedestrians also have a legal responsibility to make safe decisions. A pedestrian generally must yield to roadway traffic when crossing somewhere other than a marked crosswalk or an unmarked crosswalk at an intersection.
Pedestrians also shouldn’t:
- Suddenly enter a vehicle’s path when the vehicle is too close to yield safely.
- Begin crossing when facing a DON’T WALK signal.
- Walk along an adjacent roadway when an accessible sidewalk is available, subject to Arizona’s statutory exceptions.
How Shared Fault Works When Both Parties Violate the Law
Arizona uses a pure comparative fault system, which means one party’s mistake doesn’t necessarily prevent them from pursuing compensation after an accident.
For example, suppose a pedestrian is found 20% responsible for crossing improperly while a speeding driver is found 80% responsible. The pedestrian’s compensation will then be reduced by 20% to account for their level of fault.
Common Misconceptions About Pedestrian Right of Way
Understanding what Arizona law actually says matters, especially when drivers and pedestrians have different versions of how a collision occurred. Here are some common misconceptions debunked:
“Pedestrians Always Have the Right of Way”
No. Arizona gives pedestrians the right of way under specific circumstances, including qualifying crosswalk situations. Pedestrians must also follow traffic signals and yield when crossing outside marked or unmarked intersection crosswalks.
“If There Are No Painted Lines, There’s No Crosswalk”
Not necessarily. Arizona law recognizes unmarked crosswalks at intersections. The absence of painted lines therefore doesn’t automatically mean the pedestrian was crossing outside a crosswalk.
“A Driver Who Hits a Pedestrian Is Always 100% at Fault”
Not necessarily. Arizona’s comparative fault law allows responsibility to be allocated according to each party’s conduct. A pedestrian’s actions before the collision may therefore affect the amount of compensation available.
What to Do If a Driver Violates Your Right of Way in Arizona
Knowing Arizona’s pedestrian right-of-way laws matters after a collision because evidence about the crosswalk, traffic signals, and each person’s actions may affect an insurance claim. Taking a few practical steps after the accident may also preserve important evidence.
- Call 911. Request police and emergency medical assistance when needed. A police investigation may document statements, witnesses, road conditions, and other details surrounding the collision.
- Avoid admitting fault. Give police accurate information about what happened, but avoid guessing or accepting responsibility for circumstances you do not fully understand.
- Document the scene. If you’re able, photograph crosswalk markings, traffic signals, signs, vehicle positions, visible injuries, and surrounding conditions.
- Collect witness information. Ask witnesses for their names and contact information. Their accounts may become important if the driver and pedestrian disagree about what happened.
- Seek medical attention. Some injuries aren’t immediately obvious after a crash. Medical records also document your injuries and treatment following the collision.
When to Contact a Pedestrian Accident Attorney
Arizona generally provides two years to file a personal injury claim, although exceptions may affect the deadline in a particular case. Acting promptly also gives your attorney more time to preserve evidence and investigate the collision.
Consider speaking with an attorney if you’ve suffered injuries in a pedestrian crash, particularly if fault is disputed. Our Phoenix pedestrian accident attorneys at Shapiro Law Team will review the circumstances, investigate available evidence, and explain your legal options.
Get in touch with us today to schedule a free consultation. With no legal fees unless we win, you can focus on your recovery while we take care of the legal side of things.
FAQs
Do pedestrians always have the right of way in Arizona?
No. Arizona law gives pedestrians right-of-way protections in specific situations, including qualifying marked and unmarked crosswalks. Pedestrians must also obey traffic signals and yield when Arizona law requires it.
What is an unmarked crosswalk in Arizona?
An unmarked crosswalk may exist at an intersection even without painted crosswalk lines. Drivers shouldn’t assume that the absence of painted markings means pedestrians have no crosswalk protections.
Can a pedestrian be at fault for a car accident in Arizona?
Yes. Under Arizona’s pure comparative fault system, a pedestrian may share responsibility for a collision. Their compensation may be reduced according to their percentage of fault rather than automatically eliminated.
Does a driver have to stop for pedestrians in a parking lot?
Arizona’s public-road crosswalk statutes do not automatically govern every private parking lot. However, drivers and pedestrians still have duties to act reasonably, and the circumstances of a parking lot collision may support a negligence claim.
What should I do if a car hits me in a crosswalk in Arizona?
Call 911, seek appropriate medical care, document the scene if possible, and collect witness information. If you suffered injuries, consider speaking with an Arizona pedestrian accident attorney about the right-of-way rules and evidence relevant to your case.
