Arizona leads the country in pedestrian accident fatality rates and Phoenix alone sees numerous pedestrian accidents every day. In many cases, the driver is not entirely at fault—some victims are struck while jaywalking.
Jaywalking is a colloquial term that refers to a pedestrian crossing the road where they are not legally supposed to do so. It’s a dangerous practice, yet it’s surprisingly common in Arizona and around the country. Jaywalking is risky for both drivers and pedestrians and can lead to collisions.
In many cases, the injured pedestrian can get compensation through a personal injury case even if they are partly to blame for the collision. This brings up a valid question: is it illegal to jaywalk in Arizona? What does the law say about jaywalking in Arizona? Let’s find out.
Arizona’s jaywalking laws require any pedestrian to yield the right-of-way unless they are within a crosswalk. However, it is not illegal to cross a street where there are no crosswalks if there is no functional intersection in each direction.
Although jaywalking is not illegal in Arizona, it is highly dangerous because motorists are not always prepared to hit the brakes at a sudden moment. While motorists are expected to stop or slow down for pedestrians at crosswalks and intersections, they usually don’t foresee people crossing the road elsewhere.
It’s illegal to cross the road between two adjacent intersections with traffic-control signals. In these areas, pedestrians must cross the road within marked crosswalks. Depending on the city you live in, you may have more specific jaywalking laws that are unique to your area.
It is certainly possible for pedestrians to be responsible for causing an accident. For example, intoxicated pedestrians are at fault in a significant number of fatalities and injuries in Arizona pedestrian accidents. Drugs and alcohol can impair an individual’s judgment, which often leads to fatal mistakes.
Another common cause of pedestrian accidents is pedestrians not paying attention. Many people assume that the drivers on the road would never hit them, so they feel confident walking across the street with their eyes glued to their phone.
In the event that a pedestrian accidentally strolled out in front of a car because they were busy on their smartphone, they could be at fault for the collision, even if only partially.
Arizona’s pedestrian accident laws rely on the comparative negligence principle. The court will listen to both parties and then allocate a percentage of liability to both sides. It’s up to the court to determine not only who is responsible, but exactly how responsible each party is.
After determining responsibility, the judge will award each party according to their percentage of liability. Arizona is one of only a few states that relies on a pure comparative negligence principle in these cases.
Under this model, compensation is awarded depending on the assigned percentage of fault as determined by the court. This means that a plaintiff could still get a percentage of the compensation even if they were 99 percent at fault. Technically, they would get 1 percent of the compensation in this case.
If you or a loved one has been injured in a pedestrian accident because of the negligent actions of another party, our legal team is here to help. Our expert Phoenix pedestrian accident attorneys utilize our Aggressive Compassionate Representation to ensure that you are treated with the utmost compassion and respect while we aggressively pursue the best outcome for your case.
Contact our Phoenix pedestrian accident attorneys today for more information or to schedule a free consultation.