Crosswalk and Pedestrian Right-of-Way Laws

Short answer: Arizona crosswalk law does not give either the driver or the pedestrian an automatic win. When signals are absent or not operating, a driver must yield to a pedestrian within a crosswalk who is on the driver’s half of the roadway or approaching so closely from the opposite half as to be in danger. But a pedestrian may not suddenly enter the path of a vehicle that is too close to yield. Outside a crosswalk, the pedestrian generally must yield to vehicles.

The precise crossing location, signal phase, vehicle lane, direction of travel, visibility, and timing usually matter more than a label such as “jaywalking.”

What counts as a crosswalk in Arizona?

A.R.S. § 28-601 defines a crosswalk to include:

• The part of a roadway at an intersection within the extensions or connections of sidewalk lines; and
• Any roadway portion distinctly marked for pedestrian crossing.

That is why an intersection can have a legally relevant unmarked crosswalk. Whether the statutory definition covers the exact place where someone crossed depends on the roadway and sidewalk geometry, not simply on whether paint was visible.

Who must yield?

At a crosswalk without an operating signal

Under A.R.S. § 28-792, a driver must yield, slowing or stopping if needed, when the pedestrian is within the crosswalk on the driver’s half of the roadway or is approaching so closely from the opposite half as to be in danger. The same statute says:

• A pedestrian may not suddenly leave a curb or other place of safety and enter the path of a vehicle that is so close the driver cannot yield.
• A vehicle approaching from behind may not pass another vehicle stopped at a marked or unmarked intersection crosswalk to let a pedestrian cross.

At a pedestrian signal

A.R.S. § 28-646 allows a pedestrian facing a WALK symbol to proceed and requires drivers to give the right-of-way. A pedestrian facing DON’T WALK may not start crossing, but one who began on WALK may continue to a sidewalk or safety island.

Outside a crosswalk

A.R.S. § 28-793 requires a pedestrian crossing outside a marked crosswalk or an unmarked intersection crosswalk to yield to vehicles. Between adjacent intersections where traffic signals operate, pedestrians may cross only in a marked crosswalk.

Even then, A.R.S. § 28-794 requires every driver to exercise due care to avoid colliding with a pedestrian, sound a horn when necessary, and use proper precaution on observing a child or a confused or incapacitated person. A pedestrian’s duty to yield does not authorize a driver to ignore a person the driver could reasonably avoid.

Does crossing outside a crosswalk end an injury claim?

Not automatically. Under A.R.S. § 12-2505, contributory negligence is a fact question for the jury, and damages may be reduced in proportion to the claimant’s fault that proximately caused the injury. The statute also denies comparative-negligence treatment to a claimant who intentionally, willfully, or wantonly caused or contributed to the injury.

The result depends on evidence. A driver may contend that the pedestrian entered too late to avoid, while the pedestrian may point to speed, distraction, turning movement, lighting, visibility, or the driver’s opportunity to react. A citation or police-report narrative may be relevant, but it does not by itself determine civil fault.

Which evidence can show what happened?

Preserve evidence that fixes the people and vehicle in time and space:

• Exact curb, median, sidewalk, marked line, or other point where the pedestrian entered
• Direction of walking and the pedestrian’s location at impact
• Vehicle lane, travel direction, turn, impact point, and final position
• WALK/DON’T WALK phase and any countdown display
• Traffic-light sequence and whether the signal was operating
• Sight obstructions, lighting, weather, clothing visibility, and roadway width
• Vehicle damage, braking evidence, available vehicle data, and original photographs
• Witness names and nearby doorbell, business, bus, or traffic video

Ask promptly about video retention because each owner or agency may follow a different schedule. Do not guess at speed, distance, or signal phase when you do not know.

Diagram the crossing before details fade

Place the pedestrian, vehicle, crosswalk, signal, and direction arrows in separate Before, Impact, and After scenes. Label uncertain details as uncertain.

The diagram is a memory aid; preserve the original photographs, video, reports, and physical evidence too.

What should an injured pedestrian do next?

Address urgent medical symptoms and follow the treating professional’s instructions. Preserve clothing and footwear, request the incident number, keep bills and work restrictions, and notify the appropriate insurer without speculating about fault.

Do not assume every case has exactly two years from the collision date. A.R.S. § 12-542 generally requires many injury actions within two years after accrual. If a public entity or employee may be involved, A.R.S. § 12-821.01 may require a proper notice of claim within 180 days after accrual, and A.R.S. § 12-821 provides a one-year period for the action. Other facts can change the analysis.

If you want Law Badgers to review a Phoenix pedestrian collision, contact us or call (833) DTF-IGHT. The consultation is free, and no lawyer can guarantee a particular fault allocation or result.